It strikes me as an attorney who represents ERISA governed health plans
that the NPP can be considered a material modification to the health
plan under the U.S. Labor Department's (DOL) rules. DOL, in contrast to
HHS, has very specific rules on distributing a summary plan description
or a summary of material modifications to a plan participant, i.e., hand
delivery, first class mail (second or third class only if return and
forwarding postage is guaranteed and address correction is requested),
or electronic delivery under certain circumstances and on when you need
to translate such plan documents into another language. If your covered
entity is governed by ERISA, I suggest that you apply these rules. If
you covered entity is not governed by ERISA, you still may find the
guidance helpful. I have quoted the foreign language and mailing
guidance below. Best regards, Dave Ermer
29 C.F.R. �2520.102-2 Style and Format of SPD:
(c) Foreign languages. In the case of either--
(1) A plan that covers fewer than 100 participants at the beginning
of a plan year, and in which 25 percent or more of all plan
participants
are literate only in the same non-English language, or
(2) A plan which covers 100 or more participants at the beginning
of
the plan year, and in which the lesser of (i) 500 or more participants,
or (ii) 10% or more of all plan participants are literate only in the
same non-English language, so that a summary plan description in
English
would fail to inform these participants adequately of their rights and
obligations under the plan, the plan administrator for such plan shall
provide these participants with an English-language summary plan
description which prominently displays a notice, in the non-English
language common to these participants, offering them assistance. The
assistance provided need not involve written materials, but shall be
given in the non-English language common to these participants and
shall
be calculated to provide them with a reasonable opportunity to become
informed as to their rights and obligations under the plan. The notice
offering assistance contained in the summary plan description shall
clearly set forth in the non-English language common to such
participants offering them assistance. The assistance provided need not
involve written materials, but shall be given in the non-English
language common to these participants and shall be calculated to
provide
them with a reasonable opportunity to become informed as to their
rights
and obligations under the plan. The notice offering assistance
contained
in the summary plan description shall clearly set forth in the non-
English language common to such participants the procedures they must
follow in order to obtain such assistance.
Example. Employer A maintains a pension plan which covers 1000
participants. At the beginning of a plan year five hundred of Employer
A's covered employees are literate only in Spanish, 101 are literate
only in Vietnamese, and the remaining 399 are literate in English. Each
of the 1000 employees receives a summary plan description in English,
containing an assistance notice in both Spanish and Vietnamese stating
the following:
``This booklet contains a summary in English of your plan rights
and
benefits under Employer A Pension Plan. If you have difficulty
understanding any part of this booklet, contact Mr. John Doe, the plan
administrator, at his office in Room 123, 456 Main St., Anywhere City,
State 20001. Office hours are from 8:30 A.M. to 5:00 P.M. Monday
through
Friday. You may also call the plan administrator's office at (202)
555-
2345 for assistance.''
29 C.F.R �2520.104b-1 Disclosure
(a) General disclosure requirements. The administrator of an
employee benefit plan covered by part 1 of title I of the Act must
disclose certain material, including reports, statements and documents,
to participants and beneficiaries. Disclosure under part 1 takes three
forms. First, the plan administrator must, by direct operation of law,
furnish certain material to all participants covered under the plan and
beneficiaries receiving benefits under the plan (other than
beneficiaries under a welfare plan) at stated times or if certain
events
occur. Second, the plan administrator must furnish certain material to
individual participants and beneficiaries upon their request. Third,
the
plan administrator must make certain material available to participants
and beneficiaries for inspection at reasonable times and places.
(b) Fulfilling the disclosure obligation. (1) Where certain
material, including reports, statements and documents, is required
under
part 1 of the Act and this part to be furnished either by direct
operation of law or on individual request, the plan administrator
shall
use measures reasonably calculated to ensure actual receipt of the
material by plan participants and beneficiaries. Material which is
required to be furnished to all participants covered under the plan and
beneficiaries receiving benefits under the plan (other than
beneficiaries under a welfare plan) must be sent by a method or methods
of delivery likely to result in full distribution. For example, in-hand
delivery to an employee at his or her worksite is acceptable. However,
in no case is it acceptable merely to place copies of the material in a
location frequented by participants. It is also acceptable to furnish
such material as a special insert in a periodical distributed to
employees such as a union newspaper or a company publication if the
distribution list for the periodical is comprehensive and up-to-date
and
a prominent notice on the front page of the periodical advises readers
that the issue contains an insert with important information about
rights under the plan and the Act which should be read and retained for
future reference. If some participants and beneficiaries are not on the
mailing list, a periodical must be used in conjunction with other
methods of distribution such that the methods taken together are
reasonably calculated to ensure actual receipt. Material distributed
through the mail may be sent by first, second, or third-class mail.
However, distribution by second or third-class mail is acceptable only
if return and forwarding postage is guaranteed and address correction
is
requested. Any material sent by second or third-class mail which is
returned with an address correction shall be sent again by first-class
mail or personally delivered to the participant at his or her
worksite.
(2) For purposes of section 104(b)(4) of the Act, materials
furnished upon written request shall be mailed to an address provided
by
the requesting participant or beneficiary or personally delivered to
the
participant or beneficiary.
Gordon & Barnett
Attorneys at Law
1133 21st St., NW, Suite 450
Washington, DC 20036
202-833-3400 ext 3009 (voice)
202-223-0120 (fax)
www.gordon-barnett.com
>>> Kathy Findley <[EMAIL PROTECTED]> 03/17/03 02:07PM >>>
Hello All!
I don't belive it's required according to the regulations, however,
what is
everyone doing about having a version of the NPP in Spanish or other
languages?
Kf
Kathy Findley
Coordinator - Information Services and HIPAA
St. Joseph's Hospital Health Center
Phone - (315) 448-6111
Beeper - (315) 467-4180
Text Page - [EMAIL PROTECTED]
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on this listserv therefore represent the views of the individual participants, and do
not necessarily represent the views of the WEDI Board of Directors nor WEDI SNIP. If
you wish to receive an official opinion, post your question to the WEDI SNIP Issues
Database at http://snip.wedi.org/tracking/. These listservs should not be used for
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They also are not intended to be used as a forum for personal disagreements or
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