elaws - Health Benefits Advisor for Employers

Health Benefits Advisor for Employers

Plan Compliance Results

COBRA requires group health plans to offer continuation coverage to covered employees, former employees, spouses, former spouses, and dependent children when group health coverage would otherwise be lost due to certain specific events. Those events include the death of a covered employee, termination or reduction in the hours of a covered employee's employment for reasons other than gross misconduct, a covered employee's becoming entitled to Medicare, divorce or legal separation of a covered employee and spouse, and a child's loss of dependent status (and therefore eligibility for coverage) under the plan.

COBRA sets rules for how and when continuation coverage must be offered and provided, how employees and their families may elect continuation coverage, and what circumstances justify terminating continuation coverage.

Summary Plan Description

General Notice

Qualifying Events - Plan Procedures for Employees and Qualified Beneficiaries To Provide Notice

Election Notice

Rights of Qualified Beneficiaries in Electing COBRA Coverage

Maximum Duration of COBRA Coverage

Extension of COBRA Coverage

Who Pays for COBRA Coverage

Notice of Early Termination of Continuation Coverage

Qualifying Events - When an Employer Must Provide Notice
Because you indicated that you, the employer, do not notify your plan administrator about certain qualifying events within the required time limit, does not appear to comply with this provision of COBRA.

Notice of Unavailability of Continuation Coverage
Because you indicated that when your plan administrator denies a request from an individual for COBRA coverage relating to a qualifying event, second qualifying event, or determination of disability by the Social Security Administration, the plan does not provide that individual with an explanatory notice of unavailability of COBRA coverage within 14 days after the request is received, does not appear to comply with this COBRA notice requirement.

Types of Benefits Offered Under COBRA
Because you indicated that your group health plan does not provide COBRA coverage that is the same coverage currently available to similarly situated individuals under the plan who are not receiving COBRA coverage, does not appear to comply with this provision of COBRA.

Conversion Option
Because you indicated that your group health plan contains a conversion option, and that option is not offered to each qualified beneficiary during the 180 days before COBRA coverage ends, does not appear to comply with this provision of COBRA.

Note: If you would like to review the information provided within this Advisor, you may select that issue above and it will take you back to that section in the Health Benefits Advisor where you can reread the description and answer the question again. This Advisor provides general guidance and users are encouraged to review their specific health plan or health plan options in conjunction with the general information provided. In addition, the Advisor does not address health benefits offered through Federal, state, or local government plans or church plans.

Coordination With Other Federal Benefit Laws
You may need to consider other Federal benefit laws when applying COBRA rights and responsibilities. For more information on the coordination of these other laws, please see:

The following health laws under Title I of ERISA may apply to your employer sponsored group health plan. You may select the following laws to determine compliance.

For more information on COBRA visit:

For more information on Compliance Assistance visit:

The Affordable Care Act (ACA) provides additional health protections. This website does not reflect the passage of the ACA. For an overview of the Affordable Care Act, please visit the ACA Summary. For regulations, guidance and additional information, please visit the Department of Labor's ACA webpage.

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