Keep Records for Compliance Protection
Records are what turn a problem into a claim that can be reviewed. Dated copies of what each side sent protect the employer whichever way the facts fall.
What to know.
Keep the agreement and any schedule, your service list, the data you sent, the provider’s confirmations, notices and agency letters. Organize them by plan year so they are easy to find.
Store them where more than one person can reach them. A record that exists only on one laptop is not a record.
Where to look next.
Keep Dated Records of Notices
See what to keep.
Agency Letters
See how to handle them.
Keep What You Sent
See the data records.
Setting up a records folder you can rely on.
A workable structure is one folder per plan year, with subfolders for the agreement and schedules, data sent to providers, confirmations received, notices and filings, and agency correspondence. Use a consistent file name that begins with the date, so records sort themselves in order.
Two habits make the folder useful. First, save a record at the moment of sending, not later: the email, the upload receipt or the confirmation page. Second, review the folder once a year to confirm it is complete and that two people can find what is in it. A record that is easy to find is the one that gets used.
Common questions on this topic.
Four questions to settle before you rely on it.
How long should we keep records?
Ask your counsel. Keep them at least as long as the agreement and the law require.
Where should they be stored?
In a shared, backed-up location.
Do electronic records count?
Yes. Keep them with their dates.
Who keeps them?
Name an owner and a backup.
Should email be part of the record?
Yes. Messages to and from the provider are often the best evidence of what was sent and when. Save them to the folder rather than leaving them in a mailbox.
What happens to records when someone leaves?
Make sure the folder lives in a shared location, not a personal drive, and name a successor owner. Losing the records is one of the most avoidable causes of a failed claim.
Ready? Upload your renewal, or talk it through with someone first. No cost, no obligation.
General information about compliance service protections, not legal or tax advice. Plan-specific questions belong with your counsel, and we will bring them in.
Related guides.
What Hold-Harmless Protection Does Not Cover
The overview this page belongs to.
Compliance Services With Hold-Harmless Protection
What the protection is, what it covers and what to ask.
Employer Data Errors
The next question on the same topic.
Where the Rules Come From.
The laws and rules named on this page link to the statute or regulation they come from. This is general information, not legal or tax advice, and rules change, so check the current text.
COBRA Excise Tax (26 U.S.C. 4980B)
The tax on failures to meet COBRA continuation coverage requirements.
ERISA Civil Enforcement (29 U.S.C. 1132)
Includes the daily amounts a court may assess for failing to provide required notices.
Send us your renewal.
We’ll tell you whether it looks competitive, where we see opportunity, and the five questions we’d put to your carrier. No cost, and no obligation to move anything.
The renewal letter
Your current plan summary
Contribution split by tier
Enrolled counts by tier
Four documents, two more if your group is 50 or more. Nothing else; every extra one is a reason to postpone.
An independent employee benefits consulting firm. We look at the entire benefits program — cost, plan performance, risk and administration.
Switch to CFH. Unhappy with your broker? Your employees won’t notice. You will. →