May 11, 2022

DOL ERISA Plan Penalties Increase for 2022

Employee Benefits

4 min read

DOL ERISA Plan Penalties Increase for 2022 | Risk Strategies

The following updated Department of Labor (DOL) penalties are applicable to health and welfare plans subject to ERISA for 2022.

Employers are advised to review their plans to ensure compliance with ERISA’s requirements to avoid penalties, as outlined in the reference chart below.

Violation	2021 Penalty Amounts	2022 Penalty Amounts
Failure or refusal to file an annual report (Form 5500) with the DOL (unless a filing exemption applies)	Up to $2,259 per day	Up to $2,400 per day
Failure of a multiple employer welfare arrangement (MEWA) to file an annual report (Form M-1) with the DOL	Up to $1,644 per day	Up to $1,746 per day
Failure to furnish plan-related information requested by the DOL	Up to $161 per day, not to exceed $1,613 per request	Up to $171 per day, not to exceed $1,713 per request
*Failure to provide the annual notice regarding Children's Health Insurance Program (CHIP) coverage opportunities**	Up to $120 per day for each failure**	Up to $127 per day for each failure**
Failure to timely disclose information to a state regarding group health plan coverage of an individual who is covered under a Medicaid or CHIP plan	Up to $120 per day for each failure**	Up to $127 per day for each failure**
Failure to provide Summary of Benefits and Coverage (SBC)	Up to $1,190 per failure	Up to $1,264 per failure
Genetic Information Nondiscrimination Act (GINA) failures
- Failure to comply with the requirements GINA for health plans	$120 per participant or beneficiary per day	$127 per participant or beneficiary per day
- De minimis GINA failures not corrected prior to notice from the DOL	$3,005 per participant (minimum)	$3,192 per participant (minimum)
- GINA failures which are not corrected prior to notice from the DOL and are not de minimis	$18,035 per participant (minimum)	$19,157 per participant (minimum)
- GINA failure penalty cap on unintentional failures	$601,152	$638,556

Reach out to your Risk Strategies account team with any questions.

* This notice applies to employers with group health plans that cover residents of states that provide a premium assistance subsidy under CHIP

** Each participant/beneficiary is a separate violation

The contents of this article are for general informational purposes only and Risk Strategies Company makes no representation or warranty of any kind, express or implied, regarding the accuracy or completeness of any information contained herein. Any recommendations contained herein are intended to provide insight based on currently available information for consideration and should be vetted against applicable legal and business needs before application to a specific client.

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