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Here’s one positive pattern in COBRA coverage lawsuits: Even if a plan administrator violated the COBRA law, if it acts reasonably under the circumstances, courts are inclined to mitigate the amount of any penalties. But even though the law is more than 25 years old, case law shows there’s still a learning curve about its […]
Postcards are designed to provide a brief message, but it will be interesting to learn if such brevity is sufficient to adequately notify an individual of COBRA continuation coverage rights — particularly when the law identifies at least 14 content requirements for COBRA election notices. In a recent court case, an employer/plan administrator faced with […]
A recent court case highlights two crucial issues in administering COBRA continuation coverage: (1) a plan administrator has the sole legal obligation to prove compliance with COBRA’s notice rules — it cannot pass the buck to third-party administrators; and (2) lack of sufficient evidence on COBRA notice procedures can be a costly mistake. Recently, an […]
One simple line requiring that group health plans and insurers describe “continuation of coverage provisions” in summaries of benefits and coverage (SBCs) actually raises several complex issues for COBRA administrators. The health care reform law requires that group health plans and insurers accurately describe in SBCs the benefits and coverage under the applicable plan or […]
To fill in the knowledge gaps on how many individuals enrolled in the COBRA premium subsidy program — data that will be helpful in determining the program’s cost-effectiveness, who best benefited from the subsidy and how to target similar programs — the U.S. Department of Labor (DOL) plans to sponsor a study sometime in 2012. […]
It’s no surprise to most health plan administrators that the federal law on COBRA continuation coverage was used in a recent newspaper article as an example of “bureaucratic legalese.” In recounting efforts to push the “government to speak plainly,” the Dec. 2 Washington Post article said: If you want to understand Americans’ frustration with Washington, […]
Employers have different ways of administering COBRA continuation coverage, as evident in a recent news article about a local candidate’s problem when he was found to owe a city government money after it paid some of his COBRA premiums. The Post-Standard reported Oct. 27 how Timothy Lattimore (R), former mayor of Auburn, N.Y. , elected […]
Trade legislation that also extends premium subsidies for health coverage under the Health Care Tax Credit (HCTC) program was signed into law by President Obama Oct. 21. The HCTC was enacted as part of the Trade Act of 2002. As originally enacted, it provided a 65-percent tax credit for qualifying health coverage (including COBRA continuation […]
A bill that would extend premium subsidies for health coverage under the Health Care Tax Credit (HCTC) program has been passed by both the U.S. House of Representatives and Senate, meaning it’s on the way to President Obama’s desk. The HCTC was enacted as part of the Trade Act of 2002. As originally enacted, it […]
Health reform’s uniform summary of benefits and coverage (SBC) will cost insurers and third party administrators (TPAs) about $160 million over the next three years to develop, update, and provide the SBC and glossary to applicants and enrollees, its agency drafters estimate. That includes $25 million in 2011 , $73 million in 2012 and $58 million in […]