EBIA Weekly Archives - COBRA - Questions

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  1. When COBRA coverage ends early, can the HIPAA certificate be sent with the COBRA termination notice?
    From the November 19, 2009 EBIA Weekly
    QUESTION: We would like to provide the notice of termination of COBRA coverage together with the HIPAA certificate of creditable coverage. Is this permissible and, if so, are there any differences between the delivery requirements for COBRA notices of termination ...
  2. When is a qualified beneficiary's COBRA election late?
    From the October 08, 2009 EBIA Weekly
    QUESTION: We received a former employee’s mailed COBRA election a few days after the 60-day election period permitted by our group health pan. Is it safe to treat it as late and refuse to provide COBRA coverage? ...
  3. Can we withdraw an offer of COBRA?
    From the September 10, 2009 EBIA Weekly
    QUESTION: We incorrectly offered a former employee COBRA coverage. Can we withdraw the offer now that he has elected and is receiving COBRA? ANSWER: It depends. Before attempting to withdraw COBRA coverage that should not have been offered, you should ...
  4. Is a health plan that covers only independent contractors subject to COBRA?
    From the May 21, 2009 EBIA Weekly
    QUESTION: Our company sponsors two separate health plans, one for our common-law employees and one for certain independent contractors that provide services to us. Is the health plan that covers only independent contractors subject to COBRA? ANSWER: Yes. Under ...
  5. Which of our terminated employees are entitled to the COBRA premium subsidy?
    From the April 30, 2009 EBIA Weekly
    QUESTION: I understand that in order to be eligible for the new COBRA premium subsidy, the employee must be involuntarily terminated. What is considered an involuntary termination of employment? ANSWER: The 65% COBRA premium subsidy created by the American Recovery ...
  6. Do we have to allow mid-year enrollment of an employee's spouse in our plan even though her COBRA coverage has not been exhausted?
    From the April 02, 2009 EBIA Weekly
    QUESTION: The spouse of one of our employees received a generous severance package under which her former employer has been paying her COBRA premiums for the past nine months. Her former employer’s contributions are now ending (even though ...
  7. Do we have to offer COBRA to a domestic partner?
    From the March 12, 2009 EBIA Weekly
    QUESTION: A covered employee with a domestic partner covered under our health plan recently resigned. Are we required to offer continuation coverage to his domestic partner? ANSWER: If the employee elects COBRA, he may continue coverage for his domestic partner ...
  8. Do we have to provide an initial COBRA notice to an employee's spouse and if so, how should it be delivered?
    From the February 12, 2009 EBIA Weekly
    QUESTION: We usually include the initial COBRA notice for our company’s major medical plan in an employee’s orientation materials, which are hand-delivered on the employee’s first day of work. If the employee is ...
  9. Can our former employee who is on COBRA enroll her spouse, child, and newborn in our health plan in the middle of the plan year?
    From the December 11, 2008 EBIA Weekly
    QUESTION: We have a former employee who is currently on COBRA. She is married, has a child, and is pregnant. Her spouse and child were not covered under our plan while she was employed with our company. (They declined coverage ...
  10. Do we have to offer COBRA to an employee who was terminated for excessive personal use of the Internet?
    From the November 26, 2008 EBIA Weekly
    QUESTION: We just terminated an employee for excessive personal use of the Internet. Do we have to offer COBRA to this individual? ANSWER: Probably. Although the COBRA triggering event of termination of employment provides an exception for termination because of &#...

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