Employee Benefit Notices: What Employers in DC, MD, and VA Are Required to Provide

There is one hard deadline on the benefits notice calendar that catches employers every fall: if your group health plan includes prescription drug coverage, your Medicare Part D creditable coverage notice has to reach Medicare-eligible participants before October 15. That date is fixed because Medicare’s annual enrollment period opens the same day.

This guide starts with that notice, then walks through the other federal notices group health plans owe participants, and finishes with the requirements specific to DC, Maryland and Virginia. It is a practical checklist, not legal advice, so confirm your plan’s obligations with your benefits counsel.

Start With the Deadline: The Medicare Part D Creditable Coverage Notice

Who must send it. Any employer whose group health plan offers prescription drug coverage to people who are, or may become, eligible for Medicare. That includes active employees, retirees, spouses and dependents. Because most employers do not know exactly who is Medicare eligible, the common practice is to send the notice to every plan participant.

What it says. Whether each plan option’s drug coverage is “creditable,” meaning it is expected to pay, on average, at least as much as standard Medicare Part D coverage. This matters to employees because a person who goes 63 days or more without creditable drug coverage after becoming eligible for Medicare can face a late enrollment penalty for as long as they have Part D.

When it is due.

• Before October 15 every year
• Before an individual’s initial enrollment period for Part D
• Before the effective date of coverage for anyone who is Medicare eligible when they join the plan
• Whenever the plan’s creditable status changes
• On request

Many employers include the notice in open enrollment materials. That works as long as it is delivered before October 15 and is prominently referenced, not buried. Separately, plan sponsors must report creditable status to CMS through its online disclosure form within 60 days after the start of each plan year.

What Changed for 2027

For plan years beginning on or after January 1, 2027, CMS retired the original simplified method many employers used to determine creditable status. Plans now use either a revised simplified method or an actuarial determination. Under the revised method, a plan must be expected to pay, on average, at least 73 percent of participants’ prescription drug expenses for 2027, and it must provide reasonable coverage of biological products.

The practical effect: some plan designs that passed in 2026, particularly high-deductible options, may not pass in 2027. If your plan year starts January 1, the notice you send before October 15, 2026 should reflect your 2027 plan design under the new test. If an option changes from creditable to non-creditable, say so clearly. CMS also clarified that HRAs, FSAs and HSAs on their own no longer need a creditable coverage disclosure starting in 2027.

For a step-by-step look at this year’s notice and the new test, see Your Medicare Part D Notice Is Due October 14, and the 2027 Test Is Stricter.

Federal Notices Every Group Health Plan Owes Participants

• Summary of Benefits and Coverage (SBC): Provided with enrollment materials, at renewal (generally at least 30 days before the new plan year when coverage renews automatically), within 7 business days of a request, and at least 60 days before any material mid-year change.
• Summary Plan Description (SPD): Due within 90 days after a person becomes covered. An updated SPD is required every 5 years if the plan has been amended, and every 10 years otherwise. A material reduction in group health benefits generally requires a summary of material modifications within 60 days of adoption.
• CHIP premium assistance notice: Annually. Most employers include it in the open enrollment packet.
• Women’s Health and Cancer Rights Act (WHCRA) notice: At enrollment and annually.
• HIPAA special enrollment rights notice: At or before the time an employee is first offered enrollment.
• Newborns’ and Mothers’ Health Protection Act statement: Included in the SPD.
• COBRA notices (employers with 20 or more employees): A general notice within 90 days after coverage begins. After a qualifying event, the employer notifies the plan administrator within 30 days and the administrator sends the election notice within 14 days (44 days in total when the employer is also the administrator).
• Health Insurance Marketplace notice: Required for employers covered by the Fair Labor Standards Act, whether or not they offer coverage. Give it to new hires within 14 days of their start date.
• FMLA notice (employers with 50 or more employees): Post the general notice and include it in the handbook or provide it at hire.

What DC, Maryland and Virginia Add

State and local requirements stack on top of the federal list, and they follow where employees work. An employer with staff in Gaithersburg, the District and Northern Virginia can owe three different sets.

District of Columbia

• DC Paid Family Leave: Post the notice, give it to employees at hire (within 30 days), annually, and when an employee asks for leave that could qualify. Benefits were reduced on October 1, 2026, so replace the old poster and check whether your handbook still cites the prior benefit levels. Details are in our post on the October 1 DC Paid Family Leave cuts.
• DC continuation coverage: Smaller employers not subject to federal COBRA must offer up to 3 months of continued coverage and notify the employee no later than 15 days after coverage would otherwise end.
• Accrued Sick and Safe Leave: Keep the current DC notice posted.

Maryland

• FAMLI (Family and Medical Leave Insurance): Every employer with at least one Maryland employee must register now. Payroll contributions begin in January 2027, and employers collecting the employee share must notify employees one pay period before deductions start. For most employers that is a December 2026 task. Further notices are required at hire, annually and when an employee requests leave, with notice obligations starting in July 2027 ahead of benefits in January 2028. See our Maryland FAMLI guide.
• Maryland continuation coverage: Employers with fewer than 20 employees must offer up to 18 months of continued coverage, with notice to the employee within 14 days.
• Healthy Working Families Act: Keep the Maryland sick and safe leave notice posted.

Virginia

• Virginia continuation coverage: Employers with fewer than 20 employees must offer at least 12 months of continued coverage, with notice within 14 days of the qualifying event.
• New paid leave laws: Virginia enacted statewide paid sick leave, effective July 1, 2027, and a paid family and medical leave program with contributions scheduled to begin April 1, 2028 and benefits on December 1, 2028. Notice and posting rules are still being developed, so watch for guidance from the state before those dates.

For current posters and state rules, the most reliable sources are the Maryland Department of Labor, the DC Department of Employment Services and the Virginia Department of Labor and Industry.

A Simple Notice Calendar

• Before October 15: Medicare Part D creditable coverage notice.
• Open enrollment: SBCs, CHIP notice, WHCRA notice, and any plan changes.
• December 2026 (Maryland): FAMLI notice one pay period before deductions begin.
• At hire: Marketplace notice, HIPAA special enrollment notice, COBRA general notice, SPD, and DC Paid Family Leave notice where it applies.
• Within 60 days of the plan year start: CMS creditable coverage disclosure.
• After a qualifying event: COBRA or state continuation notices on the applicable timeline.

How Capitol Benefits Can Help

Benefits notices are one of the more time-consuming parts of sponsoring a health plan, and the 2027 creditable coverage changes add a step this fall. Our Gaithersburg-based team works with employers throughout DC, Maryland and Virginia to keep plans compliant and employees informed. Contact us if you have questions about your plan’s notice requirements.

Frequently Asked Questions

When is the Medicare Part D creditable coverage notice due?
Before October 15 each year, which is the start of the Medicare annual enrollment period. It is also required before a person’s initial Part D enrollment period, before coverage starts for anyone who is Medicare eligible when they join the plan, whenever creditable status changes, and on request.

Who needs to receive the Medicare Part D notice?
Anyone covered under the plan who is or may become eligible for Medicare, including employees, retirees, spouses and dependents. Most employers send it to every plan participant because they do not know who is eligible.

Did the creditable coverage rules change for 2027?
Yes. For plan years beginning on or after January 1, 2027, CMS retired the original simplified determination method. Plans must use a revised method, which requires paying on average at least 73 percent of participants’ drug expenses and reasonable coverage of biological products, or an actuarial determination.

Do small employers in Maryland, DC and Virginia have continuation coverage requirements?
Yes. Employers too small for federal COBRA are subject to state continuation laws. Maryland requires up to 18 months, Virginia at least 12 months, and DC up to 3 months, each with its own notice deadline.

What new Maryland notice is coming up?
Maryland FAMLI payroll contributions begin in January 2027. Employers that collect the employee share must notify employees one pay period before deductions start, with further notices required at hire, annually and when leave is requested.

Related reading from Capitol Benefits

• DC Paid Family Leave Was Cut on October 1. What DC Employers Should Do Now
• Maryland FAMLI: You Have to Register Now, Even Though Benefits Start in 2028
• Group Health Insurance from Capitol Benefits