Tag: COBRA

Health Benefits: Good-Faith Effort Satisfies Employer’s Obligation To Notify Terminated Employee About COBRA Rights

Not giving workers proper notice of their COBRA rights can have potentially expensive consequences for employers—including having to pay an employee’s uncovered medical bills, attorneys’ fees and penalties. But what happens if you do everything right—and yet the employee never receives the COBRA notice you sent out? A federal appeals court decision looks at this […]

Terminating Employees: You Can Refuse To Provide COBRA Benefits To An Employee Fired For Gross Misconduct

Under federal law, employers with 20 or more employees must offer continued health plan benefits, at the workers’ expense, for a period of time after employment ends. And in California, employers with fewer than 20 employees must also do so. However, under both federal and state regulations, you don’t have to offer this COBRA coverage […]

News Notes: Government Clarifies COBRA Notice Delivery

Meeting COBRA election notice requirements can be tricky – and even a minor oversight can potentially be expensive. A recent opinion letter from the Department of Labor clarifies the process for providing COBRA election notices to households with more than one qualified beneficiary. If several beneficiaries live at the same address, you can send their […]

Health Benefits: New COBRA Rules Announced

After a 13-year wait, the Internal Revenue Service has just released its comprehensive regulations covering COBRA health benefits continuation coverage. The new regulations-which are a complex mix of final and so-called proposed rules-clarify several gray areas of the law but don’t change the basic COBRA mandates, including the detailed notice requirements. Even though the rules […]

News Notes: COBRA Can’t Be Denied Because Employee Has Other Coverage

The U.S. Supreme Court has ruled that you can’t deny COBRA continuation coverage to an eligible employee or dependent simply because the person-at the time COBRA coverage is elected-is also covered under another group health plan, such as one provided by a spouse’s employer.3 Note that despite this new ruling you can terminate COBRA benefits […]

News Notes: COBRA Notice To Employee Must Also Go To Spouse

Employers with 20 or more employees who provide health benefits must notify terminated workers of their continuation rights under COBRA. But a new federal appeals court ruling has confirmed you’re required to separately notify the employee and the worker’s spouse of their COBRA rights.7 To protect yourself, Ina Potter, a partner with the San Francisco […]