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COBRA FAQ's
- What does COBRA stand
for?
- Why should I be concerned
if my company is COBRA compliant?
- What is an Initial
Notification Letter?
- What benefits need
to be offered under COBRA?
- Who is entitled to
benefits under COBRA?
- How does a person
become eligible for COBRA continuation coverage?
- What group health plans are subject
to COBRA?
- What process must individuals follow
to elect COBRA continuation coverage?
1. What does COBRA stand for?
COBRA was put into place in 1986 by the Consolidated
Omnibus Budget Reconciliation Act . The COBRA regulations are enforced
by the Department of Labor and have been updated/expanded upon approximately
17 times since their inception.
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2. Why should I be concerned if
my company is COBRA compliant?
The Department of Labor enforces COBRA regulations.
If an employer is found to be out of compliance, penalties can be imposed.
These penalties can be as much as $110 per day that the employer is found
to be in violation.
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3. What is an Initial Notification
Letter?
Each employer who is required to follow COBRA regulations
is required to provide each employee with this notice upon enrollment
into the employer sponsored health plan. The primary purpose of this required
notice is to communicate to the employee their COBRA rights, should they
experience a COBRA qualifying event.
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4. What benefits need to be offered
under COBRA?
Any qualified group sponsored benefit plan must be
offered under COBRA. This includes, Medical, Dental, Health Reimbursement
accounts (HRA), Vision, and Flexible Spending Accounts (FSA).
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5 . Who is entitled to benefits
under COBRA?
There are three elements to qualifying for COBRA benefits. COBRA establishes
specific criteria for plans, qualified beneficiaries, and qualifying events:
Plan Coverage - Group health plans for employers with
20 or more employees on more than 50 percent of its typical business days
in the previous calendar year are subject to COBRA. Both full and part-time
employees are counted to determine whether a plan is subject to COBRA.
Each part-time employee counts as a fraction of an employee, with the
fraction equal to the number of hours that the part-time employee worked
divided by the hours an employee must work to be considered full time.
Qualified Beneficiaries - A qualified beneficiary generally
is an individual covered by a group health plan on the day before a qualifying
event who is either an employee, the employee's spouse, or an employee's
dependent child. In certain cases, a retired employee, the retired employee's
spouse, and the retired employee's dependent children may be qualified
beneficiaries. In addition, any child born to or placed for adoption with
a covered employee during the period of COBRA coverage is considered a
qualified beneficiary. Agents, independent contractors, and directors
who participate in the group health plan may also be qualified beneficiaries.
Qualifying Events - Qualifying events are certain events
that would cause an individual to lose health coverage. The type of qualifying
event will determine who the qualified beneficiaries are and the amount
of time that a plan must offer the health coverage to them under COBRA.
A plan, at its discretion, may provide longer periods of
continuation coverage.
Qualifying Events for Employees:
- Voluntary or involuntary
termination of employment for reasons other than
gross misconduct
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- Reduction in the number
of hours of employment
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- Qualifying Events
for Spouses:
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- Voluntary or involuntary
termination of the covered employee's employment for any reason
other than gross misconduct
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- Reduction in the hours
worked by the covered employee
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- Covered employee's
becoming entitled to Medicare
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- Divorce or legal separation
of the covered employee
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- Death of the covered
employee
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- Qualifying Events for
Dependent Children:
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- Loss of dependent child
status under the plan rules
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- Voluntary or involuntary
termination of the covered employee's employment for any reason
other than gross misconduct
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- Reduction in the hours
worked by the covered employee
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- Covered employee's
becoming entitled to Medicare
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- Divorce or legal separation
of the covered employee
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- Death of the covered
employee
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list
6. How does a person become
eligible for COBRA
continuation coverage?
To be eligible for COBRA coverage, you must have been enrolled in your
employer's health plan when you worked and the health plan must continue
to be in effect for active employees. COBRA continuation coverage is available
upon the occurrence of a qualifying event that would, except for the COBRA
continuation coverage, cause an individual to lose his or her health care
coverage.
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7. What group health plans are subject to COBRA?
The law generally covers health plans maintained by private-sector employers
with 20 or more employees, employee organizations, or state or local governments.
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8. What process must
individuals follow to elect COBRA continuation coverage?
Employers must notify plan administrators of a qualifying event within
30 days after an employee's death, termination, reduced hours of employment
or entitlement to Medicare.
A qualified beneficiary must notify the plan administrator of a qualifying
event within 60 days after divorce or legal separation or a child's ceasing
to be covered as a dependent under plan rules.
Plan participants and beneficiaries generally must be sent an election
notice not later than 14 days after the plan administrator receives notice
that a qualifying event has occurred. The individual then has 60 days
to decide whether to elect COBRA continuation coverage. The person has
45 days after electing coverage to pay the initial premium.
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