Skip to main content
  • Personal
  • Business
    Close
  • Select Region

      Select your region below to see curated info.

    • Global
    • India
    • MENA
  • Welcome, {{name}}
    Non-Member
    {{membership}} Membership Ends {{expiration_date}}
    MySHRM Dashboard
    • Sign In
    • accountSettings Account Settings
    • customerSupport Customer Support
    • Sign Out Sign Out
    HR is Evolving Fast!

    That’s why 340,000 HR pros and 95% of the Fortune 500 turn to SHRM for expert-backed guidance, tools, and trusted answers.

    Become a Member
    • accountSettings Account Settings
    • memberSupport Member Support
    • Sign Out Sign Out
    SHRM26 Annual Conference

    At SHRM26 join the global HR community that comes together not just to keep up — but to grow, connect, and move forward together. Register Today

SHRM
  • Membership
    • Membership

      As a SHRM Member®, you’ll pave the path of your success with invaluable resources, world-class educational opportunities and premier events.

      Membership Benefits
      Secure your membership
  • Learning
    • SHRM Certification

      Demonstrate your ability to apply HR principles to real-life situations.

      • Register for the SHRM US Batch
      • Self-Study for your SHRM CP/SCP Certification
      • Book your SHRM CP/SCP Exam
      Prepare for the Exam
      • Exam Preparation
      • SHRM BASK
      • SHRM Learning System
      • Instructor-Led Learning
      • Self-Study
      Specialty Credentials

      Demonstrate targeted competence and enhance your HR credibility.

      Certificate Programs
      • ACHRM
      • CEHRM
      • AI in HR
      • ACE.W
      • PMQ
      • Seminars
      eLearning
  • Events
    • MENA Events

      Demonstrate your ability to apply HR principles to real-life situations.

      • MENA Annual Conference
      • CEO Academy
      • SHRM Leadership Circle
      Global Events
      • US Annual Conference
  • Resources
    • Resources

      Stay up to date with news and leverage our vast library of resources.

      • HR-X Framework
      • Flagships
      • HR Research
      • Tools & Guides
      • Webinars
      • SHRM MENA Newsletters
      HR Topics
      • AI in the Workplace
      • Civility at Work
      • Inclusion & Diversity
      • Talent Acquisition
      • HR Technology
      • Workplace Violence Prevention
  • Partners
Become a Member
Renew
Rejoin Now
Renew
Close
  • Personal
  • Business
  • Membership
    back
    Membership
    • Membership

      As a SHRM Member®, you’ll pave the path of your success with invaluable resources, world-class educational opportunities and premier events.

      Membership Benefits
      Secure your membership
  • Learning
    back
    Learning
    • SHRM Certification

      Demonstrate your ability to apply HR principles to real-life situations.

      • Register for the SHRM US Batch
      • Self-Study for your SHRM CP/SCP Certification
      • Book your SHRM CP/SCP Exam
      Prepare for the Exam
      • Exam Preparation
      • SHRM BASK
      • SHRM Learning System
      • Instructor-Led Learning
      • Self-Study
      Specialty Credentials

      Demonstrate targeted competence and enhance your HR credibility.

      Certificate Programs
      • ACHRM
      • CEHRM
      • AI in HR
      • ACE.W
      • PMQ
      • Seminars
      eLearning
  • Events
    back
    Events
    • MENA Events

      Demonstrate your ability to apply HR principles to real-life situations.

      • MENA Annual Conference
      • CEO Academy
      • SHRM Leadership Circle
      Global Events
      • US Annual Conference
  • Resources
    back
    Resources
    • Resources

      Stay up to date with news and leverage our vast library of resources.

      • HR-X Framework
      • Flagships
      • HR Research
      • Tools & Guides
      • Webinars
      • SHRM MENA Newsletters
      HR Topics
      • AI in the Workplace
      • Civility at Work
      • Inclusion & Diversity
      • Talent Acquisition
      • HR Technology
      • Workplace Violence Prevention
  • Partners
Become a Member
Renew
Rejoin Now
Renew
  • Select Region

      Select your region below to see curated info.

    • Global
    • India
    • MENA
SHRM
mySHRM Login
  • MySHRM
    • Dashboard
    • Account
    • Logout
Close

  1. Employment Law & Compliance
  2. Steps to Avoid — or Survive — a DOL Health Plan Audit
Share
  • Linked In
  • Facebook
  • Twitter
  • Email

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Vivamus convallis sem tellus, vitae egestas felis vestibule ut.


Error message details.

Copy button
Reuse Permissions

Request permission to republish or redistribute SHRM content and materials.


Learn More
Feature

Steps to Avoid — or Survive — a DOL Health Plan Audit

July 2, 2026 | Lacy Lusk

Shot of a businesswoman working behind her computer in the office.

U.S. Department of Labor audits of employer health and welfare plans are increasing. Applicable large employers can protect themselves by maintaining current plan documents, distributing required notices, tracking full-time equivalents accurately, filing Form 5500, paying PCORI fees, and filing Affordable Care Act (ACA) information returns on time.

A DOL audit can arrive without warning. For applicable large employers (ALEs) — those with 50 or more full-time equivalents — the stakes are especially high. Between Employee Retirement Income Security Act (ERISA) requirements, ACA mandates, and IRS filing obligations, the compliance landscape is layered and unforgiving.

Gary Kushner, president of Kushner & Company, a benefits consultancy based in Portage, Mich., spoke at SHRM26 in Orlando about the items HR professionals should review to avoid or respond to a DOL audit. He emphasized the importance of keeping a contemporaneous record of every time HR sends out notices to employees.

“When the Department of Labor comes in, this is one of their gotchas,” Kushner said. “They’re going to ask for proof. You whip out the document and say, ‘See, I sent it to all my employees on this date.’ They’ll go, ‘OK, check.’ It’ll come in very handy.”

The good news: Most audit vulnerabilities are preventable. Here is what auditors look for and where employers most often fall short:

The DOL focuses heavily on ERISA-covered plans, which include most employer-sponsored health and welfare plans. Governmental entities and church plans are excluded, but the vast majority of private-sector employers fall within ERISA's reach.

For ALEs specifically, auditors will scrutinize three ACA pillars:

  • Minimum essential coverage: Was coverage offered to at least 95% of full-time employees?
  • Minimum value: Does the plan cover at least 60% of the actuarial value of benefits?
  • Affordability: Is employee cost within acceptable limits under one of the three safe harbors?

“First off, you never want to not offer 95% of your employees coverage that clears all three bars,” Kushner said. “That’s the starting point. The IRS is the enforcement arm of this. They like to open up additional looks every year at your employer. Your CFO will not be happy when they open up looks at you every year. And your CEO is not going to be happy with HR when they open up investigations each year.”

Auditors also review plan documents, summary plan descriptions (SPDs), summaries of benefits and coverage (SBCs), required health and welfare plan notices, and ACA information returns. Documentation gaps draw immediate scrutiny.

Q&A: What to Expect from a DOL Audit

What Are the Most Common Employer Compliance Pitfalls?

Employer compliance with group health plan and benefits regulations spans a dense web of overlapping obligations — and the margin for error is narrow. Here are areas where errors happen most frequently:

  • Outdated plan documents and SPDs: Plan documents and SPDs must be updated every five or 10 years depending on the type of amendment. Many employers let these lapse. Auditors will request them immediately. Having outdated or missing documents signals broader compliance weakness.
  • Incomplete SBC distribution: SBCs must be distributed to all eligible employees and COBRA beneficiaries. The distribution itself must be documented contemporaneously. Verbal assurances are not sufficient. If you cannot prove distribution occurred, auditors will treat it as if it never did. “Please don’t forget COBRA,” Kushner said. “I have horror stories about COBRA.”
  • Inaccurate full-time equivalent tracking: Determining ALE status requires a structured methodology: a six- to 12-month measurement period, followed by an administrative period, followed by a stability period. Employers that skip this framework risk misclassifying employees and triggering ACA Employer Shared Responsibility penalties under Code Section 4980H. Both the Section 4980H(a) and 4980H(b) penalties are nondeductible excise taxes — they cannot be written off.
  • Missed form 5500 filing: Employers with health and welfare plans covering 100 or more participants must file Form 5500 annually. Using a wrap document to consolidate multiple benefits into a single filing is a widely accepted and efficient approach, but only if it is properly executed.
  • Unpaid or late PCORI fees: Self-funded health plans and health reimbursement arrangements (HRAs) owe Patient-Centered Outcomes Research Institute (PCORI) fees. The updated June 2026 rate is $3.84 per covered individual (per IRS Form 720). Payment is due by July 31 each year via IRS Form 720. Missing this deadline draws IRS attention.
  • Nondiscrimination testing gaps: Self-funded medical plans and cafeteria plans must undergo annual nondiscrimination testing. Group life insurance designs must also be nondiscriminatory, relying on flat amounts or multiples of compensation rather than structures that disproportionately benefit highly compensated employees.
  • Late or missing ACA information returns: The 1094 and 1095 series must be filed electronically. Errors or late filings can generate IRS Letter 226-J, which proposes Employer Shared Responsibility Payment assessments. Responding to a 226-J requires documented evidence of coverage. Without records, the burden of proof is nearly impossible to meet.

Toolkit: Complying with the Affordable Care Act

Build Your Compliance Foundation Now

A DOL audit is not necessarily a sign that something went wrong — it may simply be a random selection or a regulatory sweep. What it will reveal, however, is whether your documentation is in order.

Start by auditing your own plan documents, notice distribution records, full-time-employee tracking methodology, and ACA filing history. Identify gaps before an auditor does. HR professionals who get ahead of these requirements are far better positioned to respond calmly and confidently when the DOL comes knocking.

Toolkit: Essential Health Care Cost Management Strategies

Audits can be triggered by employee complaints, targeted enforcement initiatives, or random selection. The DOL has increased audit activity across health and welfare plans in recent years, particularly around ACA and mental health parity compliance.

Benefits Solutions
Compliance

Was this resource helpful?

Leave Feedback

SHRM-CP Promo Image
Validate your HR expertise

Earning your SHRM-CP credential makes you a recognized expert and leader in the HR field.

Get Certified


Related Content

(opens in a new tab)
News
Leveraging Mobile Technologies to Engage a Distributed Workforce

Transform HR with mobile technology to streamline workflows, enhance communication, and boost employee engagement across distributed teams.

Two young colleagues working together at modern office
(opens in a new tab)
News
Performance-Based Assessments Beat Knowledge Tests in Evaluating Employee Learning

A new study found that talent development practitioners believe performance-based assessments are more effective at measuring employee learning outcomes than knowledge tests.

(opens in a new tab)
News
How AI Is Redesigning, Not Replacing, HR and Other Jobs

As AI makes deeper inroads into organizations, employee concerns about the technology continue to grow. Here's how HR leaders can address the fear of AI among their own staff, as well as in the wider organization.

HR Daily Newsletter

Stay up to date with the latest HR news, trends, and expert advice each business day.

Success title

Success caption

Manage Subscriptions
Our Brands

SHRM Foundation Logo
SHRM Executive Network Logo
CEO Academy Logo
SHRM Business Logo
SHRM Linkage Logo
SHRM Labs
Overview


  • About SHRM
  • Careers at SHRM
  • Press Room
  • Contact SHRM MENA
  • Ask an Advisor
  • SHRM Newsletter
  • Copyright & Permission
Contact Us


Email: SHRM.MEA@shrm.org
Landline: +971 43649464

SHRM KSA Office (Riyadh)
+966507266968

SHRM UAE Office (Dubai)
+971581101786


© 2026 SHRM. All Rights Reserved
SHRM provides content as a service to its readers and members. It does not offer legal advice, and cannot guarantee the accuracy or suitability of its content for a particular purpose. Disclaimer

Follow Us

  • LinkedIn
  • Facebook
  • Twitter
  • Instagram
  • YouTube

  1. Your Privacy Choices

  2. Terms of Use

  3. Accessibility

Join SHRM for Exclusive Access to Professional Content

SHRM Members enjoy unlimited access to articles and exclusive member resources.

Already a member? Login
Free Article

Login to unlock unlimited access or join SHRM today to get unlimited access to articles and member-exclusive resources.

Already a member? Login
Limit Reached

You've reached the limit of 1 free article this month. Join to access unlimited articles and member-only resources.

Already a member? Login
Free Article

Login to unlock unlimited access or join SHRM today to get unlimited access to articles and member-exclusive resources.

Already a member? Login
Exclusive Executive-Level Content

You've reached the limit of 1 free article this month. Join the Executive Network and enjoy unlimited content.

Already a member? Login
Unlock Your Career with SHRM Membership

Please enjoy this free resource! Join SHRM for unlimited access to exclusive articles and tools.

Already a member? Login
Join SHRM for Exclusive Access to Professional Premium Content

SHRM Members enjoy unlimited access to articles and exclusive professional content resources.

membership icon image

Unlimited Resources:
Grow your knowledge across core and emerging topics

membership icon image

Access to Advisors:
Make informed decisions quickly with expert-backed direction

membership icon image

Industry-Trusted Research:
Use data and insights leaders actually care about

 

View Member Benefits Guide

Already a member? Login
Join SHRM for Exclusive Access to Student Content

SHRM Members enjoy unlimited access to articles and exclusive member resources.

Already a member? Login
Join SHRM for Exclusive Access to Executive Network Content

SHRM member enjoys unlimited access to articles and exclusive member resources.

Already a member? Login

Your membership is almost expired! Renew today for unlimited access to member content.

Renew now

Your membership has expired. Renew today for unlimited access to member content.

Renew Now

Your Executive Network membership is nearing its expiration. Renew now to maintain access.

Renew Now

Your membership has expired. Renew your Executive Network benefits today.

Renew Now