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A federal district court gave preliminary approval to a $1 million settlement agreement that would resolve a class action lawsuit alleging that an employer/plan administrator, in farming out its employees to clients, violated COBRA’s initial and election notice rules, as well as its premium subsidy rules. The settlement would consist of a $375,000 payout to […]
A federal appeals court not only affirmed a ruling that an employer/plan administrator must pay more than $126,000 in penalties and legal costs for intentionally violating COBRA notice requirements, it also held that about $2,460 in expenses excluded from the legal award should be revisited by the lower court. The case is Evans v. Books-A-Million, […]
Due to an administrative error, an employer clearly did not provide a qualified beneficiary with a COBRA election notice. However, the qualified beneficiary also benefited from that mistake by receiving 11 months of free health coverage. For that reason, a federal district court in Iowa rejected claims that the employer should be subject to COBRA […]
A third-party administrator that poorly communicated a COBRA premium rate increase — which in any case was likely prohibited under COBRA’s rules — is being sued for ERISA benefits denial and state-law promissory estoppel claims. The TPA instituted the premium change but did not provide clear written notice of it as required under plan terms. […]
By Paul Hamburger, Esq. A recent U.S. Supreme Court decision held that a plan’s contractual limitations provision is enforceable. It just has to be of reasonable length and not conflict with a “controlling” statute. The case is Heimeshoff v. Hartford Life & Accident Insurance Co. et al., No. 12-729 (S. Ct. Dec. 16, 2013). A number of […]
The U.S. Supreme Court on Nov. 26 accepted an appeal of health care reform’s contraception coverage mandate. The cases that will be heard are Sebelius v. Hobby Lobby Stores, Inc. and Conestoga Wood Specialties v. Sebelius. (Kathleen Sebelius is named as a litigant in her capacity as U.S. Health and Human Services Secretary.) The cases […]
Earlier this month, health insurance exchanges (also known as marketplaces) under the Affordable Care Act were launched, giving consumers — including COBRA qualified beneficiaries — new coverage options. Because qualified beneficiaries may come to employers with questions about enrolling in COBRA versus exchange coverage, here are some key issues to keep in mind. The key […]
COBRA’s premium payment rules took center stage Aug. 12, when the “Bamboozled” column in the New Jersey Star-Ledger reported that a qualified beneficiary with leukemia had his coverage terminated early because his premium payment was 26 cents short. The story had a happy ending, but employers and their service providers can avoid being the villains […]
A large employer was socked with $1.85 million in COBRA notice penalties, plus still-to-be determined attorney’s fees, for neglecting its duty as plan administrator to ensure that COBRA election notices were sent on a timely basis. The company’s negligence occurred over several years, affecting hundreds of former employees who participated in a class action lawsuit. […]
An employer provided enough evidence raising questions of a former employee’s possible gross misconduct to ward off her summary judgment motion regarding a COBRA notice claim. The employer noted the individual had committed gross misconduct by quitting the job without notice, refusing to follow supervisor instructions and initially lying about why she left work early […]