A magistrate judge in the U.S. District Court for the District of Oregon recently made findings and recommendations to dismiss a purported class action against Kroger subsidiary Fred Meyer. The suit alleges that the retailer’s background check process for prospective employees violates the Fair Credit Reporting Act by both failing to properly disclose that a report will be run, and failing to comply with the statute’s procedural requirements before taking adverse action against an applicant.
Even before passage of the Affordable Care Act (ACA), group health plan sponsors and administrators faced a significant array of notice and disclosure obligations. Those obligations have only increased with passage of the ACA, and in many cases existing disclosure requirements have been revised. For this reason, we are providing a table summarizing the principal notice and disclosure obligations currently applicable to group health plans, including those required under the ACA. The first part of the table summarizes disclosure rules applicable to all welfare benefit plans, and the second part focuses on rules applicable specifically to group health plans. The table also indicates who must receive each disclosure, and when it must be provided.