As of October 20, 2026. Open enrollment season is not just about picking plans. It is the one time of year when a bundle of federal notices comes due at the same time. This checklist covers the annual notices most Florida employers should include in their 2026 open enrollment packet, who has to receive them, and when each one is due.
Why notices matter as much as the plans
Employees cannot make good enrollment decisions from a premium quote alone. Federal law requires plan sponsors to disclose key rights and plan facts in writing. Missing a notice rarely causes a problem by itself, but a pattern of missed notices can turn a DOL inquiry into a painful audit. Use this checklist now, while open enrollment materials are still being assembled.
The 7 annual notices in your open enrollment packet
1. Summary of Benefits and Coverage (SBC)
Who receives it: everyone eligible to enroll, for each plan option offered. When: at open enrollment and renewal time, with the enrollment materials. The SBC is the standardized four-page summary of what a plan covers, what it costs, and the fine print. Use the current template and do not substitute your carrier’s marketing brochure. If you offer more than one plan, each option needs its own SBC.
2. Medicare Part D creditable coverage notice
Who receives it: all Medicare-eligible individuals covered under the plan, which includes eligible employees and dependents, not just current enrollees. When: at least once every 12 months, and before October 15 each year. If you missed the October 15 deadline for 2026, send it now rather than skipping it, because the notice also matters when a retiree or employee first enrolls in Part D. There is a separate online disclosure to CMS, due within 60 days after the start of the plan year. CMS provides model notices you can use.
3. Children’s Health Insurance Program (CHIP) notice
Who receives it: all employees, in states where a premium assistance program exists. When: annually, and best practice is to bundle it with the other open enrollment notices. Florida participates in premium assistance, so Florida employees should get this. The Department of Labor publishes a model notice.
4. Women’s Health and Cancer Rights Act (WHCRA) notice
Who receives it: all participants and beneficiaries in plans that cover mastectomy-related benefits. When: at initial enrollment and then annually. Like the CHIP notice, it rides well in the open enrollment packet. A model notice is available from the DOL.
5. HIPAA special enrollment notice
Who receives it: eligible employees at enrollment. When: before or at the time of initial enrollment, with annual delivery as a best practice. This is the notice that tells employees they have special enrollment rights after a qualifying life event, such as marriage, birth, or loss of other coverage. Self-insured plans should also include the HIPAA privacy notice with enrollment materials.
6. Marketplace (Exchange) notice
Who receives it: new hires. When: at the time of hiring. Employers subject to the Fair Labor Standards Act must tell new employees about the existence of the Marketplace and their potential eligibility for premium assistance. It is a new-hire notice rather than an annual open enrollment notice, but enrollment season is a good time to confirm your onboarding process still delivers it.
7. Grandfathered plan notice, if applicable
Who receives it: participants in a grandfathered plan. When: annually, in any plan materials describing benefits. Very few plans remain grandfathered, but if yours is one, the notice is still required.
Two items your packet should not forget
SPD review. The Summary Plan Description must go to new participants within 90 days of coverage starting. If the plan was amended during the year, a new or updated SPD or Summary of Material Modifications should reflect the changes. As a rule of thumb, provide an updated SPD at least every five years when changes were made, and every ten years even when they were not.
December 31 gag clause attestation. Plan sponsors must file the annual Gag Clause Prohibition Compliance Attestation through the CMS HIOS portal by December 31. This is a filing, not a notice, but it is the last major benefits compliance deadline of the year, so calendar it while you are assembling the packet.
Delivery: paper, email, or portal?
Most of these notices can be delivered electronically, but the DOL’s electronic disclosure rules have conditions: employees need work-related computer access and must be able to print the notice, or must give affirmative consent for electronic delivery. Notices buried in a portal that nobody logs into may not count. Keep proof of distribution for every notice, such as email logs, portal screenshots, or mailing receipts. A DOL auditor will ask for exactly that.
Checklist before you send the packet
- SBC included for each plan option, using the current template.
- Medicare Part D creditable or non-creditable notice sent to all Medicare-eligible individuals (before October 15, or sent now if missed).
- CHIP model notice and WHCRA notice in the packet.
- HIPAA special enrollment language and, for self-insured plans, the privacy notice included.
- Marketplace notice process confirmed for new hires.
- Grandfathered notice included if the plan is grandfathered.
- SPD reflects this year’s plan changes.
- Carrier and TPA materials reviewed so no notice contradicts another.
- Gag clause attestation calendared for December 31.
- Distribution proof saved for every notice.
Frequently asked questions
Do small employers need all of these notices?
Most of them, yes. The notice rules attach to the group health plan, not to employer size, and COBRA is the main notice where small employers (under 20 employees) are exempt. Small employers are not exempt from the SBC, Part D, CHIP, or WHCRA notices.
Can our carrier or TPA send the notices for us?
Carriers and TPAs often prepare or distribute notices as a courtesy, but the legal obligation stays with the employer as plan sponsor. Confirm in writing who sends what, and keep the distribution proof yourself.
What if we discover we missed a notice last year?
Send it now and document the correction. A late notice is better than no notice, and a clean 2026 packet shows good faith. If the gap affects many employees or several years, talk to benefits counsel before deciding on next steps.
We offer a supplemental benefits program instead of group health. Do the notices apply?
These notice requirements attach to group health plans subject to ERISA and the ACA. A standalone supplemental employee-benefits program is not the same as group health coverage. If you are not sure which category your arrangement falls into, have benefits counsel review it.
Make your 2026 open enrollment packet airtight
Coverage Babe helps Florida employers build open enrollment packets that employees actually understand, notices included. If you want a second set of eyes on this year’s packet, or a quote comparison before your renewal locks in, learn more about Coverage Babe, explore small-business health insurance options, or book a consultation. We also work with employers on CB Premier Benefits, our supplemental employee-benefits program. It is not insurance and is not a replacement for major medical coverage.
This article is general information, not legal, tax, or benefits advice. Notice rules depend on your plan design, funding type, and workforce, so consult your benefits counsel before finalizing your open enrollment packet.