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Penalties, Fines & Audits For Employer Compliance in 2021

July 22, 2021, by New City Insurance

There are many acts and laws that for employer compliance with in order to protect against potential fines by the Department of Labor, the Internal Revenue Service (IRS), or even employees. The Department of Labor and IRS want to raise more money with fines and penalties from non-compliance which is why the IRS has hired more than 87,000 new auditors to find employers that have not filed their documents correctly.

Fines and penalties have increased from $1.6 billion in 2018 to $3.12 billion in 2020; that is a 92% increase in only two years. All of these fines and penalties for non-compliance can be avoided, if employers file and provide documents on time and correctly.

ERISA Compliance

The Employee Retirement Income Security Act (ERISA) is enforced by the Department of Labor to set the minimum standards for health and welfare plans. These are provided by employers to protect their employees. All corporations, partnerships, sole proprietors, and nonprofit organizations are required to comply with ERISA, while government plans and church plans are not.

ERISA requires the plan administrators of all sized groups to provide the Summary Plan Description (SPD), Summary of Material Modifications (SMM), Annual Notices, Summary of Benefits and Coverage (SBC), and Summary Annual Reports (SAR) if a Form 5500 is prepared.

ERISA requires all plan administrators to file a Form 5500 unless they participate in a small health care plan (less than 100 participants) that are fully insured, unfunded, or a combination of fully insured and unfunded. ERISA documents need to be constantly updated because it needs to have the current COBRA language in them, such as the 2021 COBRA Subsidy.

Penalties For Not Complying

If a participant in the plan submits a request for documents, the plan administrator must provide the requested documents within 30 days of the request. If the request is not fulfilled within the 30 days of the request, the Department of Labor will enforce a $110 per day penalty that will be paid to the participant until the documentation is provided.

According to 502(c)(2), plan administrators that fail or refuse to file the Summary Annual Report will be fined up to $2,259 per day until it is filed. Before being penalized, the Department of Labor will send a letter to the plan administrator stating the DOL’s intent to assess the penalty, the amount of the penalty, when the penalty will apply, and the reason for the penalty.

According to 502(c)(6), plan administrators that fail or refuse to furnish the Secretary documents will be fined up to $110 per day per employee, $161 per day and up to $1,613 per request. Before being penalized, the Department of Labor will send a letter to the plan administrator stating the DOL’s intent to assess the penalty, the amount of the penalty, when the penalty will apply, and the reason for the penalty.

According to 502(c)(4), plan administrators that fail or refuse to furnish actuarial information, financial information, funding information, notice of funding-based limits, notice of potential withdrawal liability, or Notice of rights and obligations under an automatic contribution arrangement will be liable for civil penalties of $1,788 per day assessed by the Secretary.

Before being penalized, the Department of Labor will send a letter to the plan administrator stating the DOL’s intent to assess the penalty, the amount of the penalty, when the penalty will apply, and the reason for the penalty.

COBRA Compliance

The Consolidated Omnibus Budget Reconciliation Act (COBRA) is enforced by the Department of Labor that gives employees and their families who have lost their health benefits the opportunity to enroll in continuation of health coverage through the employer’s health plan for a limited time.

Employers that are subject to COBRA include all private-sector group health plans maintained by the employers that have 20 or more employees on more than 50 percent of business days in the previous calendar year , as well as plans that are sponsored by state and local governments.

The federal government, churches, and certain church related organizations are not required. COBRA requires most group health plans to provide temporary continuation of group health coverage to employees that may have been terminated by Termination of Employment or Reduction of Hours, Death of or Divorce/Legal Separation from employee, or Loss of Dependent status under the plan.

Plan administrators are required to provide the qualified terminated employees with updated COBRA Continuation Notices to the plan participants and the qualified dependents. Self-administrators may want to consider using a Third-Party administrator to stay on top of announcements and new information that needs to be included in the notices.

The extended COBRA Subsidy started on April 1, 2021 and runs through September 30, 2021. It also extends all the way back to October 2019. The subsidy is for employees that were involuntarily terminated or had a reduction of hours. The qualified participants will have their premium covered and the employer compliance will pay the full premium to the carrier.

Employers that paid the premium of the qualified beneficiaries will be able to recover the paid premium through the Payroll Tax Credit, also known as the Quarterly Medicare Tax. Qualified beneficiaries have been given another opportunity to enroll in COBRA if their eligibility has not passed; a Notice of Subsidy of availability should have been sent by May 31st, 2021 as well as a Notice of Special Enrollment Period and Notice of Subsidy Expiration sent 15 to 45 days prior to the expiration of the subsidy.

If adequate notices are not provided, the Department of Labor can assess a Civil penalty of $110 per day per participant and the IRS can assess an excise tax of $100 per day per participant or $200 per day per family until the participants are sent an adequate notice. Individuals can file lawsuits for informational and economical damages due to not receiving adequate notices, such as the Southwest Airlines Class Action Lawsuit in 2020.

FMLA Compliance

The Family and Medical Leave Act (FMLA) is enforced by the Department of Labor to provide eligible employees the opportunity to take job-protected and unpaid leave for specific family and medical reasons while maintaining certain group health insurance coverage as if the employee had not taken any leave. All private-sector group health plans that are maintained by employers with 50 or more employees in 20 or more workweeks in the current or previous calendar year are subject to FMLA; the federal government is not required.

Not only can the employer be held accountable for FMLA violations, but supervisors, managers, and any individual that represents the business and interacts with employees can also be fined and held accountable for violations. FMLA requires a written policy and poster of employee rights, notices be provided to employees within five days of request for leave, and the employer cannot retaliate against the employee for their right to take leave.

If FMLA poster of employee rights is not posted, there will be a $100 penalty.

Employers that violated an individual’s FMLA rights may have to pay Back Pay (lost pay for employee after termination), Front Pay (pay until equivalent job is located), Attorney Fees, or Liquidated Damages (double front pay and back pay unless employer acted reasonably).

HIPAA Compliance

The Health Insurance Portability and Accountability Act (HIPAA) is enforced by the Office of Civil Rights to protect sensitive patient information such as Protected Health Information and Individually Identifiable Health Information from being disclosed without the patient’s consent. Under HIPAA, no one can send personal information of an individual through an unsecured email to respect Individually Identifiable Health Information.

HIPAA requires the Notice of Privacy Practices and Notice of Breach of Unsecured Protected Health Information & Individually Identifiable Health Information. If there is a breach of unsecured Protected Health Information & Individually Identifiable Health Information, covered entities and business associates must provide a notice without reasonable delay and no later than 60 days following the discovery of the information breach.

The Office of Civil Rights may impose a civil monetary penalty for each violation of $100 to $50,000 for instances that occurred with no knowledge, $1,000 to $50,000 for instances that occurred with reasonable cause, $10,000 to $50,000 for instances that occurred with willful neglect but has been correct, or $50,000 to $1,785,651 for instances that occurred with willful neglect and have not been corrected. The maximum penalty is $50,000 per violation, but increases to an annual maximum of $1,785,651 for repeated violators.

For violators that intentionally obtain or disclose protected health information, the penalty is up to $250,000 with up to one year in prison. For violators under false pretenses, the penalty increases to a $250,000 fine with up to 10 years in prison.

ACA Compliance

The Affordable Care Act (ACA) reduces the cost of health coverage for people who qualify. The ACA requires Code Section 6055 Reporting, which applies to all employers with self-insured and level-funded health plans that provide the minimum essential coverage to employees.

The ACA also requires Code Section 6056 Reporting is for ESRM Mandates, which requires applicable large employers to offer minimum essential coverage that is affordable and a minimum value to Full-Time employees. Both Section 6055 and Section 6056 returns must be filed with the IRS annually, no later than February 28 physically or March 31st electronically, unless extended. Statements for the covered individuals must be provided no later than January 31st of the year after the Calendar year when minimum essential coverage was provided, unless extended.

If minimum essential coverage is not offered, the IRS will apply a penalty of $2,700 per Full-Time employee (not including the first 30) to applicable large employers.

If minimum essential coverage is not affordable or at the minimum value, the IRS will apply a penalty of $4,060 per Full-Time employee that is receiving the subsidy.

The IRS will penalize employers for failing to provide or file the necessary statements/returns. Employers that fail to provide employee statements are fined $280 per statement.

Employers that fail to file with the IRS with the IRS are fined $280 per return. Employers that provide incorrect statements to enrollees are fined $280 per incorrect statement. Violations that are due to “intentional disregard” can increase up to $560 per statement. The total penalty for reporting failures has a maximum penalty of $3,392,000 per calendar year.

If employers correct reporting failures within 30 days of the due date, penalties are reduced to $50 with a maximum penalty of $565,000; if reporting failures are corrected after 30 days of the due date, penalties are decreased to $110 with a maximum penalty of $1,696,000.

Avoid Penalties For Employer Compliance With New City

Brokers, agents, and Third-Party Administrators are there to help you comply with all of your filing and reporting requirements. To learn more about employer benefit compliance and how to avoid potential penalties, contact New City Insurance to speak with a professional.

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New City Insurance
New City Insurance
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Briar Schwartz
Briar Schwartz
05:38 10 Apr 25
Working with the team at New City Insurance was a great experience, couldn’t recommend it enough. Being completely new to the insurance world, both Clayton and Eric were thoughtful and kind, and most importantly patient with my many questions. All in all 5/5 stars. Thank you New City!
Iris deBruin
Iris deBruin
03:24 10 Apr 25
The team at New City was incredible. Clayton walked me through every step, made everything easy to understand, and was always there when I had questions. I felt supported the whole way through—can’t recommend them enough!
Lea R
Lea R
22:46 09 Apr 25
New City was outstanding from start to finish. Incredibly professional, responsive, and genuinely caring. They made everything easy to understand and completely stress-free. Couldn’t recommend them more!
Brooks Chiongbian
Brooks Chiongbian
21:21 07 Apr 25
I ran into an issue with our carrier and Nick got right to the bottom of things. He and his team were incredibly responsive and helpful, making what could have been a frustrating situation so much easier to handle. They really went above and beyond to make sure everything was resolved quickly and smoothly. I’m super grateful for their support and highly recommend New City Insurance to anyone looking for a team that truly cares about their clients!
Elizabeth Teposte
Elizabeth Teposte
23:35 02 Apr 25
My Experience with New City has been amazing. Team Eric has been great, especially Nicholas Rebis their follow up time is a 10/10. I'm currently helping an employee out with her questions and have been running to Nicholas, before I say bye to our team member, letting her know I will follow up as soon as I hear something, I see his response. Thank you to the team for making it easier for me to assist our employees during difficult times.
Chelsea Antczak
Chelsea Antczak
17:54 02 Apr 25
New City Insurance is an outstanding company that genuinely prioritizes its clients. They are professional, highly knowledgeable, and always delivers the best solutions. I highly recommend them to anyone seeking a trusted insurance advisor who truly has your back.
Stephanie Gillon
Stephanie Gillon
19:16 22 Mar 25
I'm here to tell the world to look no further in your insurance search! Seriously, this company is it. I am beyond impressed with the skill set of this team. They are extremely motivated and dedicated to helping their clients and offer top-tier service. I was treated with such care and professionalism throughout our entire interaction together. Thank you, Eric and team, for being so thorough, kind, and efficient while helping me find the lowest prices possible!
Roshaun LaForce
Roshaun LaForce
23:06 20 Mar 25
New City Insurance has such a great team. They genuinely care about their clients and make the whole process easy!
Alec Remington
Alec Remington
00:54 20 Mar 25
A great team of hard workers. My experience with them has been nothing but positive. Highly recommended.
Morgan Ostrander
Morgan Ostrander
16:00 19 Mar 25
Great team to work with! They lowered our costs and have provided excellent service.
Zach Baker
Zach Baker
15:19 19 Mar 25
Eric and the team at New City Insurance are truly top-notch. It’s clear they genuinely care about their clients and work hard to provide the best service possible. Their integrity and dedication really set them apart. Highly recommend!
Momo Furusho
Momo Furusho
13:24 19 Mar 25
New City is run by not just a competent team, but people who genuinely care about providing the best service possible. Eric Calciano is a gem!
Allie B
Allie B
19:34 04 Feb 25
Excellent service and support from start to finish! The NCI team is professional, responsive and truly cares about their customers.
Deana Hartland
Deana Hartland
16:04 14 Jan 25
These guys are great and definitely go above and beyond. We were overcharged for a surgery that my husband had in Aug 2024 due to the contract that they had with our health insurance. It was very difficult trying to work and deal with trying to get this refund back from the surgical hospital we went to. A lot of playing phone tag with them. My husbands HR team got "Nicholas" involved and OMG.....he just handled everything. He stayed in constant contact with me via email on every step of the way. Eventually he was able to get this money refunded that was $997. He has been on top of it from day one. I must say he took all of the stress off of me dealing with this situation during my working hours and went ABOVE AND BEYOND the call of duty. I am so happy they got involved and relived me from dealing with this and the stress it would've caused me. You will be very blessed working with a company such as this. Keep doing what your doing!
Justin Hoffman
Justin Hoffman
02:52 17 Oct 24
Always quick to respond. This team is up early and late.
Roger
Roger
16:30 30 Aug 24
Eric Calciano, is as sharp and knowledgeable about health benefits and insurance, as anyone I've ever come across. If you need any kind of benefits analysis I highly recommend him and his firm. He is easy to work with and highly professional.
Timothy Burke
Timothy Burke
04:02 30 Aug 24
I don't leave reviews often, but this one is well deserved and overdue. Clayton provided services to my company prior to his move into the insurance world a few years ago. Always being incredibly impressed with his talent and strong communication skills, I decided to switch our insurance broker and give New City a shot. That turned out to be a great move.The first year, Clayton actually jumped on a plane and flew from Oregon to California just to be onsite and administer open enrollment for my 45 employees. Clayton, Eric, Jeff, Brendan, and the entire team have been a pleasure to work with over the years. The communication, response time, and insurance knowledge is second to none in my opinion. A legitimate 10/10. They are great listeners and strive to really understand the needs of their customers.I'm very selective about giving referrals and making recommendations, but New City has never disappointed. If you are reading these reviews to help make your decision on selecting an insurance broker, this team is 100% a solid option. And if you don't believe me, just look at the other reviews.
Megan Ketter
Megan Ketter
19:48 28 Aug 24
Excellent customer service. Brendan and team are professional, timely, and so appreciated when navigating this complicated insurance world. Very thankfully for them! Highly recommended.
Ailene Chow
Ailene Chow
23:15 26 Sep 23
We have been working with New City Insurance since 2019 at the start of our company and has not look back since. They are responsive and proactive when it comes to advise and also market analysis on what's there in the marketplace. Unfortunately insurance benefits costs has been increasing yearly with differences in the percentage of increase . The New City folks reaches out months before the impending increase takes places and help relook into options or recommendations that they see fit. We were a company of 2 to now 7 permanent staff . While we are small , this company still takes care of us well.
Carol Zhang
Carol Zhang
04:29 06 Mar 22
As a rapidly expanding national media organization, the employee benefits strategy and administration that New City has provided us during our growth has been invaluable. They have been proactive about informing us of the different benefit strategies available to us as we grow as well as managing the additional compliance laws and reporting requirements at each stage of our growth.
Claudia Villalobos
Claudia Villalobos
20:14 03 Mar 22
New City Insurance made navigating through all the health insurances super EASY. Their documents are highly informative, professional, and easy to work with. Thank you for making the process of choosing a health plan so simple. You guys are THE BEST!
Philippe Salas
Philippe Salas
17:02 22 Feb 22
I never expected to have a good time talking to an insurance salesman, but let me tell you Brendan was quite the treat. He was very helpful explaining the options and has a wonderful sense of humor. I hope to speak with him every time I call.
Jennifer Polito
Jennifer Polito
17:15 09 Feb 22
Super easy enrollment process. Fast and friendly customer service. If you are looking for an insurance company that is there for you every step of the way I highly recommend New City Insurance.
Rocky Salas
Rocky Salas
23:46 07 Jan 22
So friendly, I hope to speak to him again in all my future insurance needs.
Rocky Salas
Rocky Salas
23:38 07 Jan 22
So friendly and soft spoken. I hope to speak to him again in all my future insurance needs.
Jose Brena
Jose Brena
13:20 06 Jan 22
Eric Calciano has been extremely helpful in finding and selecting the right insurance coverage for our company. With many options out there Eric assisted us on getting a low cost provider saving more than 20% than from our competitors and providing excellent coverage for our employees.
Anastasia Beaverhousen
Anastasia Beaverhousen
17:05 28 Dec 21
Signing up for insurance was quick and easy. Felicity Sundsboe
SFCC
SFCC
22:08 29 Nov 21
Jeff Stoltey and his team provide excellent customer service. Jeff has always provided my company SFCC with straightforward options. I went to a larger insurance company only to RUN BACK to Jeff at New City Insurance. I recommend them to anyone needing insurance without hesitation.
Kevin Luby
Kevin Luby
19:13 22 Oct 21
Quick, easy & informative. We were able to secure quality insurance for our small business on a tight deadline. Thanks for the help New City.
Theresa Ruybol
Theresa Ruybol
19:30 01 Jul 21
Eric was so great with us. He was very patient and kind as we are a newer smaller organization who is growing rapidly. With that said, we had made our inquiry, he had great rapid response and mostly had to wait on me. Any request that we made and/or questions we had, he was great answering and helping us understand. Then when we were ready for all documents and to move forward, Brendan helped with getting that together and the two of them worked their magic on New City's end to notify me of what was needed, assist me in that process and confirming that all was complete and approved for the coverage. I just want to say thank you all again so much, as insurance has always been confusing to me, and you all made that process go a lot smoother.Thank you
Andrea Ordendorff
Andrea Ordendorff
21:06 07 May 21
I've been working with both Clayton and Brendan for well over a year. As the purchase of our dental practice was delayed well over 14 months they both patiently supported me and continued to make themselves available. When we were officially ready to sign up they made the whole process seamless and super easy. This team is highly knowledgeable, professional, supportive, and efficient! I can't thank them enough for everything they've done.
T W
T W
22:32 30 Aug 20
I love New City Insurance. I never had a good experience dealing with insurance brokers until I started working with Brendan. He’s awesome! He is patient with me and takes the time to answer all my questions. I’m very grateful for all his help and hard work!
Mary Jane Deyette
Mary Jane Deyette
00:57 11 May 20
Jeff Stoltey is so awesome...even thru my company had only two employees, he took the time each year to research and find the best plan for us. The only reason I am leaving New City Insurance is because we no longer have any employees. Thank you Jeff
Alma Ortiz
Alma Ortiz
22:25 23 Feb 20
Brendan was awesome! I couldn't figure out how to pick my plan and he returned my call on a weekend to help me. Outstansing service!
jessica kavanagh
jessica kavanagh
19:53 13 Feb 20
Brendan was so helpful I definitely recommend him if you’re in need of good help and getting it done promptly. Thankyou so much again.
Tricia DeYoung
Tricia DeYoung
19:49 13 Feb 20
I was very thankful I inquired about this info. with Brendan. He was very helpful so I understand the benefits available much better now. Thank you Brendan.
B Bayer
B Bayer
17:43 24 Sep 19
NCI handled almost everything from start to finish. Clayton and Brendan made the plans easy to understand and walked me through the application process. They got me my ID numbers before my cards arrived so that I could keep an appointment I had already scheduled. My last broker wouldn't have done that. 5 stars!
Jessica Lehr
Jessica Lehr
03:36 07 Jun 19
Our staff was interested in a health plan, but we didn't know how beneficial a solid employee benefits package would be for our business to expand. We'd lose prospective employees because they had more options for their medical insurance which was sometimes more valuable than more pay. The New City team was amazing and gave us as many affordable options as possible so that everyone had their needs met.
Mike McClay
Mike McClay
19:36 03 May 19
My employer uses New City as their insurance broker, and I'm always amazed when I call in for assistance by how knowledgeable and attentive their staff is with my requests. Their online benefits platform makes selecting insurance plans pretty darn easy. I would highly recommend their services.
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