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Employers wanting to get an early start on providing a required notice to employees of coverage options under health insurance exchanges just got some help from the federal government. On May 8, the U.S. Department of Labor issued a model notice for employers may use now — but must use beginning Oct. 1, 2013. The […]
On April 23, a federal district court in Alabama gave final approval to a settlement agreement under which an employer and plan administrator will pay $1.3 million to a group of former employees who alleged they never received COBRA election or premium subsidy information after their involuntary termination of employment. The case is Hornsby v. […]
Group health plan terms clearly explained that the plan administrator had to be notified of a disability determination within 60 days in order to trigger an 11-month COBRA extension; therefore, the plan administrator was justified in denying the extension when notice was received five months after the determination was issued, a federal district court in […]
In rejecting a qualified beneficiary’s attempt to increase a nearly $3,000 COBRA notice penalty, the 3rd U.S. Circuit Court of Appeals noted that the employer/plan administrator’s efforts to remedy the violation did not warrant any higher award. The court also rejected the individual’s request for the reimbursement of medical expenses and attorney’s fees. But in […]
An employer/plan administrator that tried to make good on a COBRA administrative error got more reinforcement that its efforts greatly minimized its legal liability. The 8th U.S. Circuit Court of Appeals affirmed the fact that the aggrieved qualified beneficiary received two years of free health coverage effectively cancelled out any need to impose penalties for […]
A former employee argued that her former employer, which employed fewer than 20 employees (and thus was exempt from COBRA) for eight months of the year, formed an affiliated service group with another employer and thus employed more than 20 employees for four months of that year. Thus, she contended the employer became subject to […]
Here’s a reminder that for COBRA compliance purposes, small employers must count their employee population differently if they are under common control. Recently, an employer was sued for providing just three, rather than 18, months of COBRA coverage. Because it had a workforce of fewer than 20 employees, the employer tried to fend off those […]
An employer/plan administrator continues to get an expensive lesson on the risks of having both inadequate COBRA notice procedures and poor explanations of how those procedures work. An “inefficient, unwieldy” notice process — coupled with evasive and contradictory answers from employees on why a qualified beneficiary did not receive a COBRA election notice — led […]
Under COBRA’s small-employer exception, employers with fewer than 20 employees do not have to offer COBRA coverage upon what would otherwise be “qualifying events.” This determination is made based on how many employees were employed, on average, during the prior calendar year. When purchasing group coverage, it is important for employers to be mindful of […]
Sending a COBRA election notice shortly after an employee began military duty was not evidence that an employer fired the employee due to his military status in violation of the Uniformed Services Employment and Reemployment Rights Act, a federal district court in Arkansas held. In generally rejecting the USERRA claims, the court indicated, among other […]