Labor & Employment Law

Department of Labor Issues Model COBRA Notices for Compliance Under ARRA

Today the US Department of Labor issued revised COBRA notices which are intended to help organizations comply with the new COBRA provisions of the American Recovery and Reinvestment Act.

There are four new notices available:

1.     General Notice (Full version) – Send this notice to ALL qualified beneficiaries going forward. This combines a general COBRA notice with the premium reduction provisions of ARRA

2.     Abbreviated Version of the General Notice – This notice covers just the premium reduction information under ARRA – Send this notice to individuals who experienced a qualifying event during on or after September 1, 2008, have already elected COBRA coverage, and still have it.

3.     Alternative Notice – This notice is sent to persons who became eligible for continuation coverage under a State law. Plans will need to modify notice to bring it into compliance with state law.

4.     Notice in Connection with Extended Election Periods – This is the notice that everyone has been waiting for. It includes information on ARRA's special election opportunity along with the premium reduction information. This notice MUST be provided to these individuals by April 18, 2009. Plans subject to the Federal COBRA provisions MUST send this notice any 'assistance eligible individual' who:

a.     Had a qualifying event at any time from September 1, 2008 through February 16, 2009; and,

b.     Either did not elect COBRA continuation coverage, or who elected it but subsequently discontinued COBRA.

REMEMBER:  You will still have to edit these forms for your own use.  Follow the instructions or seek professional help!  

Follow this link to the Department of Labor's Page containing the new notices.

US Department of Labor Model COBRA Notices Under ARRA

Full post as published by Strategic HR Lawyer on March 19, 2009 (boomark / email).