Ask the Expert: Insurance Plans and COBRA
Thank you for your inquiry regarding a former employee’s change of plan prior to COBRA election.
Thank you for your inquiry regarding a former employee’s change of plan prior to COBRA election.
By Jennifer Carsen, JD Maybe you, like me, are old enough to remember David Letterman’s unfortunate opening bit at the 1995 Academy Awards—when he inexplicably went back and forth between Oprah Winfrey and Uma Thurman in the audience, saying “Uma…Oprah…Uma…Oprah…”
An employee over the age of 65 who already enrolled in Medicare Part A is now being separated due to disability. Does the company (self-insured) have to offer him 18 months of COBRA? If yes, which plan becomes primary and which plan is secondary?
Presumably put to final rest due to the Affordable Care Act, a program has been revived that establishes a health coverage tax credit for certain individuals — including COBRA qualified beneficiaries — who lose their jobs because of trade-related reasons. The new HCTC program, which will be effective through Dec. 31, 2019, includes provisions on […]
The U.S. Supreme Court’s June 26 ruling in favor of same-sex marriage means employers across the country need to take a look at their policies as well as the effect the ruling has on various laws dealing with employment. The Court’s 5-4 ruling in Obergefell v. Hodges struck down prohibitions on gay marriage in states […]
Large employers learned more details in new IRS guidance about how to both report about their coverage and fill out and file IRS forms designed to determine whether they are meeting the Affordable Care Act’s coverage requirements for employers. Under the new guidance, if a large employer’s workforce is comprised entirely of part-time employees who were […]
What is COBRA? COBRA stands for the Consolidated Omnibus Budget Reconciliation Act, which was implemented as an amendment to ERISA (the Employee Retirement Income Security Act of 1974). In most circumstances, COBRA entitles workers and other covered individuals to the option of continuing to receive their employer-sponsored group health insurance coverage for a limited time […]
ERISA stands for the Employee Retirement Income Security Act of 1974. In short, this is the federal law that creates standards for retirement, health, and pension plans. Even though such plans are typically set up privately, employers that opt to offer them have an obligation to meet the requirements under ERISA when implementing their plans. […]
A federal district court has approved a $1 million settlement agreement that, in the court’s words, “appears to be among the largest, if not the largest, average per person recovery in a certified class action asserting COBRA claims.” The settlement resolves a class action lawsuit alleging that an employer/plan administrator violated COBRA’s notice and premium […]
An employer/plan administrator erred by thinking that because it automatically kept employees covered under its health plan when their hours were reduced, there was no need to provide a COBRA election notice, a federal district court in Maryland ruled. The fact that the reduction in hours resulted in an increase in their premiums constituted a […]