EBIA Weekly Archives - COBRA

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Results (347 articles found)


  1. Healthcare Provider May Assert State-Law Claims Against Plan for Failure to Disclose Patient's COBRA Coverage Status
    From the August 21, 2008 EBIA Weekly
    When contacted by a healthcare provider to verify coverage of services for a patient, a representative of the ERISA health plan in this case confirmed that “they were covered.” However, the plan allegedly failed to disclose that the ...
    [Franciscan Skemp Healthcare, Inc. v. Cent. States Joint Bd. Health & Welfare Trust Fund, 2008 WL 2927347 (7th Cir. 2008)]
  2. CMS Posts Mandatory Reporting Guidance on Website
    From the August 14, 2008 EBIA Weekly
    At the end of last year, Congress enacted Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (MMSEA), which added new mandatory reporting requirements for group health plans. Effective January 1, 2009, insurers or TPAs of group ...
    [Mandatory Insurer Reporting Overview (Aug. 1, 2008)]
  3. Employer Did Not Violate State Law or Employment Agreement When It Withheld COBRA Premiums From Severance Pay
    From the August 14, 2008 EBIA Weekly
    When the terminated employee in this case sued his employer in state court raising numerous employment claims for wages and benefits, he claimed that the employer violated his employment agreement and state law when it withheld COBRA premiums from his ...
    [Tamborino v. Velocity Express, Inc., 2008 WL 2582529 (Conn. Super. Ct. 2008)]
  4. DOL Staff Members Provide Informal Views on Welfare Plan Topics
    From the July 31, 2008 EBIA Weekly
    The Joint Committee on Employee Benefits (JCEB) of the American Bar Association has posted a report on the May 7, 2008 Q&A session between JCEB representatives and DOL staff members. Highlights include the following unofficial, nonbinding comments about ...
    [ABA Joint Committee on Employee Benefits, Meeting With Department of Labor Staff (May 7, 2008)]
  5. COBRA Election Notice Not Required for Employee Covered Under Exempt Church Plan
    From the July 31, 2008 EBIA Weekly
    The employee in this case filed suit after her employment as a principal at a church-operated elementary school was terminated. She alleged, among other things, that she had not been given a COBRA election notice. The employer responded that ...
    [Coleman-Edwards v. Simpson, 2008 WL 820021 (E.D.N.Y. 2008)]
  6. COBRA Was Required for Former Employee Receiving Social Security Disability Benefits
    From the July 24, 2008 EBIA Weekly
    The employer in this case, a municipal public transit authority, placed a mechanic on short-term disability after he failed to renew a required medical clearance due to his medical condition. When he applied for unemployment compensation, the employer interpreted ...
    [Carstetter v. Adams County Transit Authority, 2008 WL 2704596 (M.D. Pa. 2008)]
  7. IRS Proposes Regulations on HSA Comparability and Excise Tax Reporting
    From the July 24, 2008 EBIA Weekly
    The IRS has issued proposed regulations on the HSA comparability rules, and on reporting and paying excise taxes under the Code’s provisions regarding COBRA, HIPAA portability, mental health parity, minimum hospital stays for newborns and mothers, Archer MSA ...
    [Prop. Treas. Reg. Secs. 54.4980B-2, 54.4980D-1, 54.4980E-1, 54.4980G-1, 54.4980G-3, 54.4980G-4, 54.4980G-6, and 54.4980G-7, 73 Fed. Reg. 40793 (July 16, 2008)]
  8. When Employer Is Also Plan Administrator, COBRA Election Notice Deadline Is 44 Days After Employee's Termination
    From the July 15, 2008 EBIA Weekly
    The employee in this case was placed on leave due to disputes about his work performance. Afterward, his employer refused to communicate with him regarding his employment status and failed to pay him for the period just before the leave ...
    [Dougherty v. Blize, 2008 WL 2543430 (D. Del. 2008)]
  9. IRS Proposes Regulations on HSA Comparability Requirements and HSA and Group Health Plan Excise Tax Reporting
    From the July 15, 2008 EBIA Weekly
    The IRS has issued proposed regulations providing guidance on changes to the HSA comparability rules under the Tax Relief and Health Care Act of 2006 (TRHCA). (The comparability rules only apply to employer HSA contributions made outside of a cafeteria ...
    [Prop. Treas. Reg. Secs. 54.4980B-2, 54.4980D-1, 54.4980E-1, 54.4980G-1, 54.4980G-3, 54.4980G-4, 54.4980G-6, and 54.4980G-7, 72 Fed. Reg. __ (July 16, 2008)]
  10. No COBRA Liability for Insurer That Terminated Coverage for Nonpayment After Employer Stopped Deducting Premiums
    From the July 10, 2008 EBIA Weekly
    About six weeks after the employee in this case enrolled his family in his employer’s health insurance plan, the employer stopped taking deductions from his pay for the coverage. (The employer had received a state child support notice ...
    [Smith v. Apex Systems, Inc., 2008 WL 2568180 (E.D. Mo. 2008)]

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