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Report Link Domestic Partner's Right to Continued Health Coverage Under COBRA, Cal-COBRA and Analogous State Laws.Cooley Godward Kronish LLP. - August 14, 2009 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. Report Link Appeals of COBRA Premium Assistance Denials to be Handled by New Services Provided by the Centers for Medicare and Medicaid Services.Ford & Harrison LLP - July 30, 2009 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. Report Link IRS Issues Guidance Regarding Administration of the COBRA Subsidy.Ford & Harrison LLP - June 26, 2009 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. Report Link Michelle's Law Provides Extended Medical Coverage For Students.Ogletree Deakins - June 18, 2009 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. Report Link DOL Issues Guidance Regarding Procedure for Appealing Denial of COBRA Subsidy.Ford & Harrison LLP - May 28, 2009 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. Report Link IRS COBRA Subsidy Guidance Published.Vedder Price - April 16, 2009 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. Report Link Stimulus Bill Includes Significant COBRA Changes For Employers.Ogletree Deakins - April 14, 2009 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. Report Link IRS Clarifies Key Provisions of the New COBRA Subsidy.Littler Mendelson, P.C. - April 09, 2009 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. Report Link More Guidance Concerning the COBRA Subsidy.Fredrikson & Byron, P.A. - April 09, 2009 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). Report Link Amended COBRA Notices Must be Provided by April 18, 2009.Ford & Harrison LLP - April 09, 2009 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. Report Link IRS Answers Important Questions Regarding New Cobra Rules.Buchanan Ingersoll & Rooney PC - April 08, 2009 In Notice 2009-27, the Internal Revenue Service (IRS) answered many questions regarding the new COBRA rules under the American Recovery and Reinvestment Act of 2009. This advisory supplements our February 19, 2009, and March 19, 2009, advisories and highlights the IRS' new guidance regarding involuntary terminations, how to calculate the 65 percent COBRA premium reduction (and corresponding payroll tax credit or refund), changes to the COBRA premium and retiree, dental and vision coverages under the new rules. Report Link LOOMING COBRA DEADLINE - DOL ISSUES MODEL NOTICES.Ballard Rosenberg Golper & Savitt - April 06, 2009 The U.S. Department of Labor ("DOL") has issued four Model Notices to help employers implement the new mandatory COBRA subsidy provisions of the "The American Recovery and Reinvestment Act of 2009," also known as the Stimulus Bill. Report Link IRS COBRA Subsidy Guidance Published.Vedder Price - April 06, 2009 IRS COBRA Subsidy Guidance Published - DOL Model COBRA Notice Guidance Revised. Report Link COBRA Subsidy Update: IRS Clarifies Law; Also: Model Notice Forms Available; Cal-COBRA Employers Get a Break.Barker Olmsted & Barnier - April 06, 2009 Last month we reported on the new COBRA obligations, and this month there is updated information to disseminate. Report Link Be Careful What You Wish For - Latest IRS COBRA Guidance Has Some Surprises for Employers (pdf).Ogletree Deakins - April 02, 2009 Employers now have an answer to their single biggest and most vexing question about the elaborate new federal subsidy arrangement under the Consolidated Omnibus Budget Reconciliation Act (COBRA), but it may not be the answer they were hoping for or expecting. Under new IRS Notice 2009-27, an “involuntary termination” would include certain employee-initiated “good reason” terminations, layoffs with recall rights, and even certain cases where employees took severance buy-outs. Report Link IRS Issues Guidance Addressing Questions Regarding the Application of the COBRA Subsidy.Ford & Harrison LLP - April 01, 2009 On March 31, 2009, the Internal Revenue Service ("IRS") issued long-awaited guidance, Notice 2009-27, relating to the premium assistance for COBRA continuation coverage available under the American Recovery and Reinvestment Act of 2009 ("ARRA"). This guidance provides the background for the premium assistance and the extended election period for COBRA continuation coverage. Report Link IRS ISSUES GUIDANCE TO EMPLOYERS ABOUT NEW COBRA SUBSIDY.Ballard Rosenberg Golper & Savitt - March 10, 2009 The Internal Revenue Service has published further guidance for employers explaining how to obtain reimbursement for the new employer-paid COBRA subsidy mandated by the American Recovery and Reinvestment Act of 2009. As we previously reported to you (CM - 2/24/09), the new law requires employers to fund 65% of eligible employees' COBRA continuation premiums for up to 9 months. The guidance explains that employers can claim the COBRA subsidy as a credit on their quarterly employment tax return, IRS Form 941, which has been updated to allow for this credit. Report Link COBRA Obligations Expanded; Economic Stimulus Bill Adds Premium Subsidy.Barker Olmsted & Barnier - March 05, 2009 Employers’ obligations under COBRA have been significantly increased by the American Recovery and Reinvestment Act of 2009 (ARRA). ARRA is commonly known as the economic stimulus legislation recently passed by Congress and signed by President Obama. Report Link COBRA Premiums Subsidized Under The American Recovery and Reinvestment Act of 2009.Jackson Lewis LLP - February 27, 2009 Congress approved the American Recovery and Reinvestment Act of 2009 (“Act”), which President Barack Obama is expected to sign on February 17. Among the Act’s provisions intended to address the nation’s economic turmoil are amendments to the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”) that will affect every employer that sponsors a group health plan for employees and has terminated or laid off an employee on or after September 1, 2008. These amendments create additional COBRA notice requirements and affect payroll tax administration in order to administer a temporary federal subsidy of COBRA premiums. Employers will have to act quickly to implement the new requirements, which will include locating certain former employees and coordinating payroll and COBRA administration. Report Link How Employers May Claim the Tax Credit for COBRA Subsidies Paid under the American Recovery and Reinvestment Act.Ford & Harrison LLP - February 27, 2009 The Internal Revenue Service has released new guidance that will help employers claim credit for the COBRA subsidy that they pay for their former employees under the American Recovery and Reinvestment Act ("the Act"), passed February 17, 2009. The guidance, in question and answer form, and IRS Form 941 that employers must use to claim the new tax credit, may be found on the IRS web site, at http://www.irs.gov/newsroom/article/0,,id=204708,00.html. The IRS will continue to provide updated information through this web site as it becomes available. Report Link COBRA Change Under the American Recovery and Reinvestment Act of 2009.Baker Hostetler LLP - February 27, 2009 The American Recovery and Reinvestment Act of 2009 (the “Act”), signed into law by President Obama on February 17, 2009, includes a provision that helps millions of recently-unemployed workers continue their health insurance coverage under the COBRA continuation coverage rules. The Act does this by expanding election and enrollment rights and heavily subsidizing the amount an “assistance eligible individual” pays for up to nine months of COBRA continuation coverage for the individual and his or her eligible plan-covered dependents. Report Link COBRA’S NEW BITE: STIMULUS PACKAGE ADDS EMPLOYER PAID COBRA PREMIUM SUBSIDY.Ballard Rosenberg Golper & Savitt - February 26, 2009 The economic stimulus package signed by President Obama on February 17, 2009 (its official title is "The American Recovery and Reinvestment Act of 2009") creates a new temporary employer paid COBRA subsidy. Under the new law, which is effective immediately, employers are required to fund 65% of an employee's COBRA premiums for up to 9 months. This FAQ provides an overview of the key changes. Report Link Stimulus Law Makes Major Changes to COBRA.Jones Walker - February 26, 2009 On February 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act (H.R. 1). The Act contains significant changes to the Consolidated Omnibus Budget Reconciliation Act (“COBRA”) continuation coverage rules. The key changes are (1) the government will subsidize 65% of the cost of COBRA premiums for eligible individuals, and (2) eligible individuals who were involuntarily terminated since September 2008 will have a second
chance to elect COBRA. The changes are generally effective March 1, 2009. Report Link Stimulus Law Makes Major Changes to COBRA.Jones Walker - February 23, 2009 On February 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act (H.R. 1). The Act
contains significant changes to the Consolidated Omnibus Budget Reconciliation Act (“COBRA”) continuation coverage
rules. The key changes are (1) the government will subsidize 65% of the cost of COBRA premiums for eligible
individuals, and (2) eligible individuals who were involuntarily terminated since September 2008 will have a second
chance to elect COBRA. The changes are generally effective March 1, 2009. Report Link The Effect of the Stimulus Package on COBRA.Elarbee, Thompson, Sapp & Wilson, LLP. - February 23, 2009 The $787 billion American Recovery and Reinvestment Act of 2009 (generally known as the economic stimulus package) signed into law by President Barack Obama on February 17, 2009 significantly impacts employer obligations under the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”) and similar state laws. Report Link COBRA Rules Materially Modified by the American Recovery and Reinvestment Act of 2009.Buchanan Ingersoll & Rooney PC - February 20, 2009 On February 17, 2009, President Obama signed the American Recovery and Reinvestment Act of 2009, a $787 billion measure designed to create and save 3.6 million jobs and stimulate the economy. Among other things, this massive legislation materially changes one aspect of the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) by creating a means to fund 65 percent of the cost of COBRA coverage for up to nine months for employees involuntarily terminated between September 1, 2008, and December 31, 2009. This new law also allows such employees to opt for a different level of coverage in some cases and requires certain new notices to be issued soon. Otherwise, COBRA rules remain largely intact. This advisory briefly summarizes key parts of these changes. Report Link Employers: Start Making Your Lists New Law Creates COBRA Subsidies and Requires Employer Notices.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - February 20, 2009 Employers must act soon to comply with changes to COBRA continuation coverage requirements. The American Recovery and Reinvestment Act of 2009 (the Act), signed by President Obama on February 17, provides COBRA subsidies and special election rights to individuals who lose group health plan coverage due to an involuntary termination of employment between September 1, 2008 and December 31, 2009. Report Link Stimulus Package: An In-Depth Look at the New COBRA Subsidy in the ARRA.Littler Mendelson, P.C. - February 20, 2009 The American Recovery and Reinvestment Act of 2009 (ARRA or "the Act"), the stimulus legislation signed on February 17, 2009, by President Obama, contains sweeping revisions to the group health plan continuation coverage provisions contained in the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). The new provisions impose additional burdens and hidden costs on the vast majority of employer-sponsors of group health plans. For information regarding the other employment-related provisions of the stimulus bill see Littler's ASAP, Besides COBRA: What Does the Stimulus Package Have for Employers. Report Link Economic Stimulus Act Impacts COBRA Coverage.Ford & Harrison LLP - February 19, 2009 Signed by President Obama on February 17, 2009, the American Recovery and Reinvestment Act of 2009 ("ARRA"or the "Act") expands COBRA in ways that, although temporary, will certainly impact employers. Most significantly, the ARRA offers "assistance eligible individuals" a 65% subsidy of their required COBRA premiums and an additional enrollment period within which to elect COBRA coverage. Report Link Economic Stimulus Bill Expands Cobra Requirements.Fisher & Phillips, LLP - February 19, 2009 On February 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act of 2009 (ARRA), which, among other things, provides for a nine-month subsidy of COBRA premiums for employees who are involuntarily terminated. The law also subjects employers to additional administrative and notice requirements. Report Link American Recovery and Reinvestment Act of 2009 Creates New Cobra Rules for Employers.Fredrikson & Byron, P.A. - February 19, 2009 Under federal law, employers with 20 or more employees must offer continuation coverage (COBRA continuation coverage) to former employees, their spouses and dependents (i.e., qualified beneficiaries) if they lose coverage due to certain qualifying events, such as a termination of employment. On February 17, 2009, the American Recovery and Reinvestment Act of 2009 (the 2009 Recovery Act) was enacted, which, in part, provides assistance to unemployed workers and their families for obtaining COBRA continuation coverage. Additional guidance is expected in the coming weeks. A brief summary of the new COBRA rules follows. Report Link COBRA Premiums Subsidized Under The American Recovery and Reinvestment Act of 2009.Jackson Lewis LLP - February 19, 2009 Congress approved the American Recovery and Reinvestment Act of 2009 (“Act”), which President Barack Obama is expected to sign on February 17. Among the Act’s provisions intended to address the nation’s economic turmoil are amendments to the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”) that will affect every employer that sponsors a group health plan for employees and has terminated or laid off an employee on or after September 1, 2008. Report Link Important Expansion of COBRA Law In American Recovery and Reinvestment Act of 2009.Constangy, Brooks & Smith, LLP - February 19, 2009 Responding to increasing unemployment from the dramatic downturn affecting all sectors of the economy, the United States Congress has expanded the premium and notice obligations of employers under the Consolidated Omnibus Budget Reconciliation Act of 1985, commonly known as COBRA. Provisions in the American Recovery and Reinvestment Act of 2009 (“the Act”) reduce how much certain employees must contribute to obtain COBRA continuation health coverage, provide a subsidy to employers for their portion of the cost of coverage, and add new requirements for notices which must be provided to COBRA qualified beneficiaries. Report Link COBRA Subsidy Requires Immediate Attention (pdf).Vedder Price - February 18, 2009 The economic stimulus legislation signed into law
by President Obama on February 17th (The
American Recovery and Reinvestment Act of 2009)
contains COBRA subsidies for employees who are
involuntarily terminated between September 1, 2008
and December 31, 2009. This COBRA subsidy
applies to all employers that maintain a group health
plan regardless of whether they are currently
subject to the general healthcare continuation rules
under COBRA. Report Link COBRA Premiums Subsidized Under The American Recovery and Reinvestment Act of 2009.Jackson Lewis LLP - February 18, 2009 Congress approved the American Recovery and Reinvestment Act of 2009 (“Act”), which President Barack Obama is expected to sign on February 17. Among the Act’s provisions intended to address the nation’s economic turmoil are amendments to the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”) that will affect every employer that sponsors a group health plan for employees and has terminated or laid off an employee on or after September 1, 2008. Report Link President Signs Stimulus Bill With Significant COBRA Changes for Employers.Ogletree Deakins - February 18, 2009 The sprawling stimulus legislation that may or may not jumpstart the U.S. economy will almost certainly jumpstart employers’ interest in COBRA coverage. Report Link Economic Stimulus Bill Adds COBRA Obligations for Employers.Jackson Lewis LLP - February 16, 2009 The United States Senate and House have come to an agreement on the terms of the economic stimulus package, known as the American Recovery and Reinvestment Act of 2009 (the “Act”). One important provision relates to continuation of group health coverage under COBRA. While various versions of the Act’s COBRA provisions have been discussed and the final version of the Act has not been disclosed, there are two important issues that employers must be aware of. Report Link 10 Common COBRA Screw-Ups – And How You Can Avoid Them.Ogletree Deakins - October 08, 2008 It seemed like such a simple idea – let people continue their employer-provided health insurance when they lose a job or get divorced. And, 22 years after Congress fell for the idea, you would think the benefits administration world would have COBRA down cold. You would be wrong. When it comes to COBRA administration, practice has definitely not made perfect. Report Link Failure to Define End of COBRA Election Period Proves Costly (pdf).Ogletree Deakins - August 01, 2005 A recent decision of the United States Court of Appeals for the Fifth Circuit stands as a harsh reminder that careful drafting of employee benefit plan documents can be essential to avoiding unanticipated liability. In LifeCare Hospitals v. Health Plus of Louisiana, No. 04-30422, 2005 U.S. App. LEXIS 14640 (5th Cir. July 20, 2005), the insurer of an employer-sponsored health care plan was required to pay more than $250,000 in medical claims on behalf of a former employee of the plan sponsor, even though the former employee arguably had failed to elect COBRA continuation coverage within sixty days of his termination of employment and receipt of COBRA election forms, because the plan document did not specify when the COBRA election period for the plan would end. The Fifth Circuit rejected the carrier's argument that when the plan document fails to define the end of the election period, the election period is limited to the 60 day minimum period required under the statute.
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