http://www.elinfonet.com/fedindex/4 Employment Law Articles covering the Consolidated Consolidated Omnibus Reconcillation Act (known as COBRA) Sun, 22 Nov 2009 07:11:31 EST en-us http://www.elinfonet.com/newscount.php?popID=8387 Article: 8387 elin@elinfonet.com (Employment Law Information Network) Fri, 14 Aug 2009 00:00:00 EST It is increasingly common for employers, especially those based in California, to offer health benefits to domestic partners of their employees. In certain instances when access as an active employee to health benefits is lost (e.g., due to termination of employment for a reason other than "gross misconduct"), such former employees have a right under federal or state law to elect to continue health coverage for a period of time. However, whether an employee's domestic partner has a right to elect continued health coverage may depend on whether the employer plan providing the health coverage is subject to federal or state continuation coverage law. Domestic partners are not legally recognized for purposes of federal law due to the federal Defense of Marriage Act ("DOMA"), which provides that "‘marriage' means only a legal union between one man and one woman as husband and wife." However, recent guidance from the San Francisco Regional Office of the U.S. Department of Labor (the "DOL") indicates that an employee's domestic partner may be eligible for continued health coverage under COBRA in certain circumstances and that, as a result, the DOMA would not preclude such coverage. http://www.elinfonet.com/newscount.php?popID=8340 Article: 8340 elin@elinfonet.com (Employment Law Information Network) Thu, 30 Jul 2009 00:00:00 EST For expedited reviews of COBRA premium assistance denials, former federal and state workers can now use a new website and hotline launched by the Centers for Medicare and Medicaid Services ("CMS"). The American Recovery and Reinvestment Act of 2009 ("ARRA") provided for, among other things, an expedited review of the denial of benefits when an individual's former group health plan denies eligibility for COBRA premium assistance. Under the ARRA, the CMS processes all requests for review that are filed by federal government employees, employees of state and local governments, and individuals covered by state continuation coverage laws that apply to employers with fewer than 20 employees (also known as "mini-COBRA" programs). Last week, CMS launched a website, http://www.ContinuationCoverage.net, and a toll free hotline, 1-866-400-6689, that unemployed workers in these categories can use to request an expedited review of their former employer's denial of eligibility for COBRA premium assistance. http://www.elinfonet.com/newscount.php?popID=8231 Article: 8231 elin@elinfonet.com (Employment Law Information Network) Fri, 26 Jun 2009 00:00:00 EST Now that the Department of Labor has issued several pieces of formal guidance aimed at assisting employers and insurance carriers to implement the COBRA subsidy rules introduced by the American Recovery and Reinvestment Act of 2009 ("ARRA"), the IRS has now issued additional guidance aimed at assisting employers in administering the COBRA subsidy. http://www.elinfonet.com/newscount.php?popID=8206 Article: 8206 elin@elinfonet.com (Employment Law Information Network) Thu, 18 Jun 2009 00:00:00 EST Michelle's Law provides that a group health plan that offers dependent coverage and conditions that coverage upon status as a full-time student may not terminate the dependent's coverage when the dependent ceases to meet the "full-time" criteria due to a "medically necessary leave of absence." This law is intended to protect parents of college students who lose "student status" due to illness from the financial burdens of COBRA. http://www.elinfonet.com/newscount.php?popID=8147 Article: 8147 elin@elinfonet.com (Employment Law Information Network) Thu, 28 May 2009 00:00:00 EST On May 21, 2009, the Department of Labor (DOL) issued guidance detailing the procedures applicants for COBRA premium assistance, available under the American Recovery and Reinvestment Act of 2009 (ARRA), may use to appeal a denial of their eligibility for the premium subsidy. http://www.elinfonet.com/newscount.php?popID=8008 Article: 8008 elin@elinfonet.com (Employment Law Information Network) Thu, 16 Apr 2009 00:00:00 EST On April 1, the IRS published Notice 2009-27, completing the primary round of regulatory guidance regarding the COBRA subsidy provisions that were part of the American Recovery and Reinvestment Act of 2009 (“ARRA”). On April 2, the DOL revised its Q&As regarding the model ARRA COBRA notices that were published on March 19. Vedder Price has previously published Employee Benefi ts Briefi ngs regarding the COBRA provisions of ARRA (February 17, 2009) and the DOL model notices (March 25, 2009), both of which are available at www.vedderprice.com. http://www.elinfonet.com/newscount.php?popID=7999 Article: 7999 elin@elinfonet.com (Employment Law Information Network) Tue, 14 Apr 2009 00:00:00 EST The sprawling stimulus legislation that may or may not jumpstart the U.S. economy has certainly jumpstarted employers' interest in coverage under the Consolidated Omnibus Budget Reconciliation Act (COBRA). That's because the temporary federal COBRA subsidy for involuntarily terminated employees that is at the heart of the American Recovery and Reinvestment Act (ARRA) of 2009 represents the highest-profile expansion of the basic COBRA framework in its 23-year history. The subsidy took effect for monthly or other periods of COBRA coverage beginning after February 17, 2009. http://www.elinfonet.com/newscount.php?popID=7996 Article: 7996 elin@elinfonet.com (Employment Law Information Network) Mon, 13 Apr 2009 00:00:00 EST This is a reminder that, in accordance with amendments made to COBRA by the 2009 American Recovery & Reinvestment Act ("ARRA"), COBRA Plan Administrators must provide amended COBRA notices to assistance eligible individuals on or before April 18, 2009. http://www.elinfonet.com/newscount.php?popID=7994 Article: 7994 elin@elinfonet.com (Employment Law Information Network) Mon, 13 Apr 2009 00:00:00 EST The IRS has issued additional guidance concerning the new COBRA subsidy in the form of Notice 2009-27, which can viewed on the IRS website (www.irs.gov). http://www.elinfonet.com/newscount.php?popID=7989 Article: 7989 elin@elinfonet.com (Employment Law Information Network) Thu, 09 Apr 2009 00:00:00 EST The American Recovery and Reinvestment Act of 2009 (ARRA), signed into law by President Obama on February 17, 2009, provides a 65% COBRA subsidy for eligible employees (and their covered dependents) who lose group health plan coverage due to an involuntary termination of employment during the period September 1, 2008, through December 31, 2009.