EBIA Weekly Archives - COBRA - Court Cases
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Results (257 articles found)
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- DOL's Expedited Review of Health Plan's Denial of ARRA COBRA Premium Subsidy Upheld by Court
- From the November 05, 2009 EBIA Weekly
- The union-sponsored health plan in this case denied an individual’s request to receive the 65% COBRA premium subsidy available for “assistance eligible individuals” under the American Recovery and Reinvestment Act of 2009 (ARRA). The plan ...
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- Court Refuses to Impose Separate Penalties for Multiple Beneficiaries Affected by a Single COBRA Notice Violation
- From the November 05, 2009 EBIA Weekly
- After the employee in this case was terminated, his employer sent him a timely COBRA election notice. Believing that it was legally inadequate because it was missing certain information, the employee wrote “void” on it and sent it ...
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- Employer That Did Not Comply With Health Plan's COBRA Notice Requirements Is Not Entitled to Stop-Loss Reimbursement
- From the October 22, 2009 EBIA Weekly
- This case involved employees who incurred large health care expenses while on approved 90-day leaves of absence. The employer sought reimbursement for the excess expenses under the stop-loss policy issued in connection with its self-funded health plan. ...
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- No COBRA for Former Spouse Who Did Not Provide Timely Notice of Divorce
- From the October 01, 2009 EBIA Weekly
- The health plan in this case became aware of a participant’s divorce several months after it became final. The plan then notified the participant’s former spouse that she was not entitled to COBRA because the plan ...
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- Former Employees Have No Claim Against Bankrupt Employer for Unpaid Medical Bills, But Can Seek Unpaid Employee Health Premiums
- From the October 01, 2009 EBIA Weekly
- Just weeks before filing for bankruptcy, the employer in this case failed to pay the employer and employee portions of insurance premiums to the insurer of its health plan, and the insurer terminated coverage. Former employees who had regular or ...
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- No Small-Employer Exception Where Lack of Time Records Prevents Counting Commission-Only Employees as Part-Time
- From the September 10, 2009 EBIA Weekly
- Under COBRA’s small employer exception, a plan is not subject to COBRA for a calendar year if all employers maintaining the plan normally employed fewer than 20 employees on a typical business day during the preceding calendar year. ...
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- COBRA Premium Payment Postmarked One Day After the End of the Grace Period Was Late
- From the September 03, 2009 EBIA Weekly
- The COBRA claims administrator for the self-insured health plan in this case terminated a former employee’s COBRA coverage because his COBRA premium payment was postmarked one day after the end of the 30-day grace period for ...
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- MSP Rules Prohibit Terminating Group Health Plan Coverage Based Solely on ESRD Eligibility, Except as Permitted by COBRA
- From the August 20, 2009 EBIA Weekly
- This case addresses the application of the Medicare Secondary Payer (MSP) rules to Medicare entitlement based on end-stage renal disease (ESRD). A kidney dialysis center (Center), as assignee of a deceased participant’s retiree health care benefits, sued ...
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- Court Fixes Employment Termination Date Based on Timing of Election Notice, Requiring Longer Active Coverage for Employee
- From the July 02, 2009 EBIA Weekly
- The employee in this case was away from work for a month and a half, due to medical complications following elective surgery. While he was away, the employee remained in regular contact with his manager. He also incurred significant medical ...
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- Court Reduces Award of Unreimbursed Medical Expenses and Sustains Attorneys' Fee Award Following Second Appeal
- From the June 25, 2009 EBIA Weekly
- This is a case with a lengthy history involving a disabled employee who continued to receive employer-sponsored health coverage for himself and his wife for more than two years after he stopped working. When a professional employer organization (PEO) ...
