Legal Notices
Medicare Part D Notice
Important Notice from Spitzer Industries, Inc. About Your Prescription Drug Coverage and Medicare
Please read this notice carefully and keep it where you can find it. This notice has information about your current prescription drug coverage with Spitzer Industries, Inc. and about your options under Medicare’s prescription drug coverage. This information can help you decide whether or not you want to join a Medicare drug plan. If you are considering joining, you should compare your current coverage, including which drugs are covered at what cost, with the coverage and costs of the plans offering Medicare prescription drug coverage in your area. Information about where you can get help to make decisions about your prescription drug coverage is at the end of this notice.
There are two important things you need to know about your current coverage and Medicare’s prescription drug coverage:
- Medicare prescription drug coverage became available in 2006 to everyone with Medicare. You can get this coverage if you join a Medicare Prescription Drug Plan or join a Medicare Advantage Plan (like an HMO or PPO) that offers prescription drug coverage. All Medicare drug plans provide at least a standard level of coverage set by Medicare. Some plans may also offer more coverage for a higher monthly premium.
- Spitzer Industries, Inc. has determined that the prescription drug coverage offered by the Spitzer Industries, Inc. Medical Plan is, on average for all plan participants, expected to pay out as much as standard Medicare prescription drug coverage pays and is therefore considered Creditable Coverage. Because your existing coverage is Creditable Coverage, you can keep this coverage and not pay a higher premium (a penalty) if you later decide to join a Medicare drug plan.
When can you join a Medicare drug plan?
You can join a Medicare drug plan when you first become eligible for Medicare and each year from October 15th through December 7th. However, if you lose your current creditable prescription drug coverage, through no fault of your own, you will also be eligible for a two (2) month Special Enrollment Period (SEP) to join a Medicare drug plan.
What happens to your current coverage if you decide to join a Medicare drug plan?
If you decide to join a Medicare drug plan, your current Spitzer Industries, Inc. coverage will not be affected. Your current coverage pays for other health expenses in addition to prescription drug. If you enroll in a Medicare prescription drug plan, you and your eligible dependents will still be eligible to receive all of your current health and prescription drug benefits. If you drop your current prescription drug coverage and enroll in Medicare prescription drug coverage, you may enroll back into the Spitzer Industries, Inc. Plan during the open enrollment period under the Spitzer Industries, Inc. Plan.
When will you pay a higher premium (penalty) to join a Medicare drug plan?
You should also know that if you drop or lose your current coverage with Spitzer Industries, Inc. and don’t join a Medicare drug plan within 63 continuous days after your current coverage ends, you may pay a higher premium (a penalty) to join a Medicare drug plan later. If you go 63 continuous days or longer without creditable prescription drug coverage, your monthly premium may go up by at least 1% of the Medicare base beneficiary premium per month for every month that you did not have that coverage. For example, if you go nineteen months without creditable coverage, your premium may consistently be at least 19% higher than the Medicare base beneficiary premium. You may have to pay this higher premium (a penalty) as long as you have Medicare prescription drug coverage. In addition, you may have to wait until the following October to join.
For more information about this notice or your current prescription drug coverage…
Contact the person listed below for further information. NOTE: You’ll get this notice each year. You will also get it before the next period you can join a Medicare drug plan, and if this coverage through Spitzer Industries, Inc. changes. You also may request a copy of this notice at any time.
More detailed information about Medicare plans that offer prescription drug coverage is in the “Medicare & You” handbook. You’ll get a copy of the handbook in the mail every year from Medicare. You may also be contacted directly by Medicare drug plans.
For more information about Medicare prescription drug coverage:
- Visit medicare.gov
- Call your State Health Insurance Assistance Program (see the inside back cover of your copy of the “Medicare & You” handbook for their telephone number) for personalized help.
- Call 800.MEDICARE (800.633.4227). TTY users should call 800.325.0778.
If you have limited income and resources, extra help paying for Medicare prescription drug coverage is available. For information about this extra help, visit Social Security on the web at socialsecurity.gov, or call them at 800.772.1213 (TTY 800.325.0778).
Remember: Keep this Creditable Coverage notice. If you decide to join one of the Medicare drug plans, you may be required to provide a copy of this notice when you join to show whether or not you have maintained creditable coverage and, therefore, whether or not you are required to pay a higher premium (a penalty).- Date
- May 2022
- Name
- Spitzer Industries
- Contact
- Human Resources Department
- Office Address
- 20445 State Highway 249 Suite 275 Houston, Texas 77070
- Phone
- 832.783.7000
Legal Update
HIPAA Special Enrollment Rights
A federal law called HIPAA requires that we notify you about an important provision in the plan - your right to enroll in the plan under its “special enrollment provision” if you acquire a new dependent, or if you decline coverage under this plan for yourself or an eligible dependent while other coverage is in effect and later lose that other coverage for certain qualifying reasons. To request special enrollment or to obtain more information about the plan’s special enrollment provisions, contact the Human Resources Department by calling 832.783.7000.
- Loss of other coverage
- If you are declining enrollment for yourself and/or your dependents (including your spouse) while other health insurance or group health plan coverage is in effect, you may be able to enroll yourself and your dependents in this plan if you or your dependents lose eligibility for that other coverage (or if the employer stops contributing towards your or your dependents’ other coverage). However, you must request enrollment within 30 days after your or your dependents’ other coverage ends (or after the employer stops contributing toward the other coverage).
- Loss of coverage for Medicaid or a state children’s health insurance program
- If you decline enrollment for yourself or for an eligible dependent (including your spouse) while Medicaid coverage or coverage under a state children’s health insurance program is in effect, you may be able to enroll yourself and your dependents in this plan if you or your dependents lose eligibility for that other coverage. However, you must request enrollment within 60 days after your or your dependents’ coverage ends under Medicaid or a state children’s health insurance program.
- New dependent by marriage, birth, adoption, or placement for adoption
- If you have a new dependent as a result of marriage, birth, adoption, or placement for adoption, you may be able to enroll yourself and your new dependents. However, you must request enrollment within 30 days after the marriage, birth, adoption, or placement for adoption.
- Eligibility for Medicaid or a state children’s health insurance program
- If you or your dependents (including your spouse) become eligible for a state premium assistance subsidy from Medicaid or through a state children’s health insurance program with respect to coverage under this plan, you may be able to enroll yourself and your dependents in this plan. However, you must request enrollment within 60 days after your or your dependents’ determination of eligibility for such assistance.
Summary of material modifications
This Employee Benefits website highlights recent plan design changes and is intended to fully comply with the requirements under the Employee Retirement Income Security Act (ERISA) as a Summary of Material Modifications and should be kept with your most recent Summary Plan Description.
HIPAA Notice of Privacy Practices Reminder
Spitzer Industries is committed to the privacy of your health information. The administrators of the Spitzer Industries Health Plan (the “Plan”) use strict privacy standards to protect your health information from unauthorized use or disclosure. The Plan’s policies protecting your privacy rights under the law are described in the Plan’s Notice of Privacy Practices. You may receive a copy of the Notice of Privacy Practices by contacting the Human Resources Department by calling 832.783.7000.
HIPAA requires Spitzer Industries to notify you that a Privacy Notice is available from the HR Department. To request a copy of Spitzer Industries’ Privacy Notice or for additional information, please contact the HR Department at 832.783.7000.
Newborns’ & Mothers’ Health Protection Act
Group health plans and health insurance issuers generally may not, under Federal law, restrict benefits for any hospital length of stay in connection with childbirth for the mother or newborn child to less than 48 hours following a vaginal delivery, or less than 96 hours following a cesarean section. However, Federal law generally does not prohibit the mother’s or newborn’s attending provider, after consulting with the mother, from discharging the mother or her newborn earlier than 48 hours (or 96 hours as applicable). In any case, plans and issuers may not, under Federal law, require that a provider obtain authorization from the plan or the insurance issuer for prescribing a length of stay not in excess of 48 hours (or 96 hours).
Women’s Health and Cancer Rights Act
If you have had or are going to have a mastectomy, you may be entitled to certain benefits under the Women’s Health and Cancer Rights Act of 1998 (“WHCRA”). For individuals receiving mastectomy- related benefits, coverage will be provided in a manner determined in consultation with the attending physician and the patient, for:
- All states of reconstruction of the breast on which the mastectomy was performed;
- Surgery and reconstruction of the other breast to produce a symmetrical appearance;
- Prostheses; and
- Treatment of physical complications of the mastectomy, including lymphedema.
These benefits will be provided subject to the same deductibles and coinsurance applicable to other medical and surgical benefits provided under the plan. If you would like more information on WHCRA benefits, contact the Human Resources Department.
Wellness Notice
Your health plan is committed to helping you achieve your best health. Rewards for participating in a wellness program are available to all employees. If you think you might be unable to meet a standard for a reward under this wellness program, you might qualify for an opportunity to earn the same reward by different means. Contact us at 832.783.7000 and we will work with you (and, if you wish, with your doctor) to find a wellness program with the same reward that is right for you in light of your health status.
Premium assistance under Medicaid & the Children’s Health Insurance Program (CHIP)
If you or your dependents are already enrolled in Medicaid or CHIP and you live in a State listed below, contact your State Medicaid or CHIP office to find out if premium assistance is available.
If you or your dependents are NOT currently enrolled in Medicaid or CHIP, and you think you or any of your dependents might be eligible for either of these programs, contact your State Medicaid or CHIP office or dial 1-877-KIDS NOW or www.insurekidsnow.gov to find out how to apply. If you qualify, ask your state if it has a program that might help you pay the premiums for an employer-sponsored plan.
If you or your dependents are eligible for premium assistance under Medicaid or CHIP, as well as eligible under your employer plan, your employer must allow you to enroll in your employer plan if you aren’t already enrolled. This is called a “special enrollment” opportunity, and you must request coverage within 60 days of being determined eligible for premium assistance. If you have questions about enrolling in your employer plan, contact the Department of Labor at www.askebsa.dol.gov or call 1-866-444-EBSA (3272).
If you live in one of the following states, you may be eligible for assistance paying your employer health plan premiums. The following list of states is current as of January 31, 2022. Contact your State for more information on eligibility.
Alabama
Medicaid
- Website
- myalhipp.com
- Phone
- 855.692.5447
Alaska
Medicaid
- Website
- myakhipp.com
- Phone
- 866.251.4861
- CustomerService@MyAKHIPP.com
- Medicaid eligibility
- dhss.alaska.gov/dpa/Pages/medicaid
The AK Health Insurance Premium Payment Program
Arkansas
Medicaid
- Website
- myarhipp.com
- Phone
- 855-MyARHIPP 855.692.7447
California
Medicaid
- Website
- dhcs.ca.gov
- Phone
- 916.445.8322
- hipp@dhcs.ca.gov
Colorado
- Website
- healthfirstcolorado.com
- Health First Colorado (Colorado’s Medicaid Program)
- 800.221.3943 / State Relay 711
- Website
- Colorado.gov/HCPF/Child-Health-Plan-Plus
- Customer Service
- 1.800.359.1991 / State Relay 711
- Website
- colorado.gov/pacific/hcpf/health-insurance-buy-program
- Customer Service
- 855.692.6442
Health First Colorado (Colorado’s Medicaid Program)
Child Health Plan Plus (CHP+)
Health Insurance Buy-In Program (HIBI)
Florida
Medicaid
- Website
- flmedicaidtplrecovery.com
- Phone
- 877.357.3268
Georgia
Medicaid
- Website
- medicaid.georgia.gov
- Phone
- 678.564.1162 , Press 1 GA
Medicaid CHIRPA
- Website
- medicaid.georgia.gov
- Phone
- 678.564.1162 , Press 2
Indiana
Medicaid
- Website
- in.gov/fssa/hip
- Phone
- 877.438.4479
- Website
- in.gov/medicaid/
- Phone
- 800.403.0864
Healthy Indiana Plan for low-income adults 19-64
All other Medicaid
Iowa
Medicaid
- Website
- dhs.iowa.gov/ime/member
- Phone
- 888.346.9562
Medicaid (Hawki)
- Website
- dhs.iowa.gov/Hawki
- Phone
- 800.257.8563
Medicaid HIPP
- Website
- dhs.iowa.gov/ime/members/medicaid-a-to-z/hipp
- Phone
- 1.888.346.9562
Kansas
Medicaid
- Website
- kancare.ks.gov
- Phone
- 800.792.4884
Kentucky
Medicaid
Kentucky Integrated Health Insurance Premium Payment Program (KI-HIPP)
- Website
- chfs.ky.gov
- Phone
- 855.459.6328
- KIHIPP.PROGRAM@ky.gov
Louisiana
Medicaid
- Website
- ldh.la.gov/lahipp
- Phone
- 888.342.6207 (medical Hotline)
- Phone
- 855.618.5488 (LaHIPP)
Maine
Medicaid
Enrollment
- Website
- maine.gov/dhhs/ofi/applications-forms
- Phone
- 800.442.6003 (TTY: Maine relay 711)
Private Health Insurance Premium
- Website
- www.maine.gov/dhhs/ofi
- Phone
- 800.977.674 (TTY: Maine relay 711)
Massachusetts
Medicaid & CHIP
- Website
- mass.gov/eohhs/gov/departments/masshealth/
- Phone
- 800.862.4840
Minnesota
Medicaid
- Website
- mn.gov/dhs/people-we-serve/children-and-families/health-care/health-care-programs/programs-and-services/other-insurance.jsp
- Phone
- 800.657.3739
Missouri
Medicaid
- Website
- dss.mo.gov/mhd/participants/pages/hipp.htm
- Phone
- 573.751.2005
Montana
Medicaid
- Website
- dphhs.mt.gov/MontanaHealthcarePrograms/HIPP
- Phone
- 800.694.3084
Nebraska
Medicaid
- Website
- ACCESSNebraska.ne.gov
- Phone
- 855.632.7633; Lincoln: 402.473.7000; Omaha: 402.595.1178
Nevada
Medicaid
- Website
- dhcfp.nv.gov
- Phone
- 800.992.0900
New Hampshire
Medicaid
- Website
- dhhs.nh.gov/oii/hipp.htm
- Phone
- 603.271.5218
- Hotline
- HPP program 800.852.3345 (ext 5218)
New Jersey
- Website
- state.nj.us/humanservices/dmahs/clients/medicaid
- Phone
- 609.631.2392
- Website
- njfamilycare.org
- Phone
- 800.701.0710
Medicaid
CHIP
New York
Medicaid
- Website
- health.ny.gov/health_care/medicaid
- Phone
- 800.541.2831
North Carolina
Medicaid
- Website
- medicaid.ncdhhs.gov
- Phone
- 919.855.4100
North Dakota
Medicaid
- Website
- nd.gov/dhs/services/medicalserv/Medicaid
- Phone
- 844.854.4825
Oklahoma
Medicaid
CHIP
- Website
- insureoklahoma.org
- Phone
- 888.365.3742
Oregon
Medicaid
- Website
- healthcare.oregon.gov/Pages/index.aspx
- Phone
- 800.699.9075
Pennsylvania
Medicaid
Rhode Island
Medicaid
- Website
- eohhs.ri.gov
- Phone
- 855.697.4347
South Carolina
Medicaid
- Website
- scdhhs.gov
- Phone
- 888.549.0820
South Dakota
Medicaid
- Website
- dss.sd.gov
- Phone
- 888.828.0059
Texas
Medicaid
- Website
- gethipptexas.com
- Phone
- 800.440.0493
Utah
- Phone
- 877.543.7669
- Website
- medicaid.utah.gov
- Website
- health.utah.gov/chip
- Phone
- 877.543.7669
Medicaid
CHIP
Vermont
Medicaid
- Website
- greenmountaincare.org
- Phone
- 800.250.8427
Virginia
- Website
- coverva.org/en/famis-select or coverva.org/en/hipp
- Phone
- 800.432.5924
- Website
- coverva.org/en/our-programs
- Phone
- 800.432.5924
Medicaid
CHIP
Washington
Medicaid
- Website
- hca.wa.gov
- Phone
- 800.562.3022 ext. 15473
West Virginia
Medicaid
- Website
- mywvhipp.com
- Toll-free phone
- 855.MyWVHIPP 855.699.8447
- Phone
- 304.558.1700
Wisconsin
Medicaid & CHIP
- Website
- dhs.wisconsin.gov/publications/p1/p10095.pdf
- Phone
- 800.362.3002
Wyoming
Medicaid
To see if any other states have added a premium assistance program since January 31, 2022, or for more information on special enrollment rights, contact either:
- U.S. Department of Labor, Employee Benefits Security Administration: dol.gov/ebsa
- U.S. Department of Health and Human Services Centers for Medicare & Medicaid Services: cms.hhs.gov; 1-877-267-2323, Menu Option 4, Ext. 61565 1-866-444-EBSA (3272)
Paperwork Reduction Act
According to the Paperwork Reduction Act of 1995 (Pub. L. 104-13) (PRA), no persons are required to respond to a collection of information unless such collection displays a valid Office of Management and Budget (OMB) control number. The Department notes that a Federal agency cannot conduct or sponsor a collection of information unless it is approved by OMB under the PRA, and displays a currently valid OMB control number, and the public is not required to respond to a collection of information unless it displays a currently valid OMB control number. See 44 U.S.C. 3507. Also, notwithstanding any other provisions of law, no person shall be subject to penalty for failing to comply with a collection of information if the collection of information does not display a currently valid OMB control number. See 44 U.S.C. 3512.
The public reporting burden for this collection of information is estimated to average approximately seven minutes per respondent. Interested parties are encouraged to send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the U.S. Department of Labor, Employee Benefits Security Administration, Office of Policy and Research, Attention: PRA Clearance Officer, 200 Constitution Avenue, N.W., Room N -5718, Washington, DC 20210 or email ebsa.opr@dol.gov and reference the OMB Control Number 1210-0137.
Continuation required by federal law for you and your dependents
Federal law enables you or your dependent to continue health insurance if coverage would cease due to a reduction of your work hours or your termination of employment (other than for gross misconduct). Federal law also enables your dependent(s) to continue health insurance if their coverage ceases due to your death, divorce, legal separation, or with respect to dependent children, failure to continue to qualify as a dependent. Continuation must be elected in accordance with the rules of your employer’s group health plan(s) and is subject to federal law, regulations and interpretations. For additional information, contact Human Resources.