The Services a Hold-Harmless Clause Names
A hold-harmless clause is usually tied to a list of services. If a service you use is not on the list, assume it is not covered until the provider confirms otherwise in writing.
What to know.
Look for a schedule or a definition of the covered services. Check that each service you rely on appears, with the same name the agreement uses elsewhere.
Where the clause refers to the services described in the agreement, read the descriptions. The words used there set the boundaries.
Where to look next.
Services It Can Reach
See the list.
Confirm the Scope
See the habit.
Services Not Engaged
See the gap to avoid.
Matching names between the agreement and the clause.
The clause and the service list should use the same words. If the agreement describes the service as COBRA administration and the clause refers to continuation notices, ask the provider to confirm they mean the same thing. Differences in names are where disagreements about scope usually begin.
Check the edges of each service as well. Does COBRA administration include state continuation? Does ACA reporting include filing with the IRS or only preparing the forms? Does Form 5500 support include the signature and submission? A named service can still leave a task out, and the descriptions are where those boundaries are set.
Common questions on this topic.
Four questions to settle before you rely on it.
Where is the list?
In the service schedule or the definition of covered services.
What if my service is described differently?
Ask the provider to confirm in writing that it is covered.
Can services be added?
Usually by amendment. Ask how.
Does the list change at renewal?
It can. Check each renewal.
What if the clause refers to services described elsewhere?
Read the description elsewhere. The clause covers what the description says, and nothing wider. Ask for the document if it was not provided.
How do we get a service added to the list?
Ask for an amendment or a written confirmation from the provider that the service is covered, and keep it with the agreement.
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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.
Is Your Compliance Vendor’s Protection in Writing?
The overview this page belongs to.
Compliance Services With Hold-Harmless Protection
What the protection is, what it covers and what to ask.
Who a Hold-Harmless Clause Binds
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.
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