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Health Insurance Continuation (COBRA)
National Summary
Both the Consolidated Omnibus Budget Reconciliation Act (COBRA) and many state laws give employees the right to continue coverage and/or convert to individual policies after leaving the group. What is COBRA? COBRA is intended to ensure that employees and their dependents can maintain their group healthcare coverage following certain events that otherwise would result in a termination of coverage. COBRA's protections are temporary and are intended as a stopgap until insurance is obtained from another source, such as a new employer. Employers do not have to pay for any portion of the premiums for COBRA coverage, but the beneficiaries get to maintain their insurance at less expensive group rates. A temporary 65 percent premium subsidy for up to 9 months went into effect on February 17, 2009, for workers who were involuntarily terminated on or after September 1, 2008, through December 31, 2009, and for their families. The subsidy program was first extended to apply to workers involuntarily terminated through February 28, 2010, and to provide assistance for up to 15 months. An extension through March 31, 2010, was enacted. An additional extension through May 31, 2010, was enacted on April 15, 2010. Additional extensions were not enacted, so individuals terminated on or after June 1, 2010, were not entitled to the premium subsidy.
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85360faqs.aspxQuestions & AnswersA former employee who was on COBRA passed away. Her husband was enrolled as her dependent Can he remain on COBRA? Are there special forms I will need?02/09/2011National
1727timesavers.aspxFormsAffidavit of No Coverage By Another Group Health Plan National
81124faqs.aspxQuestions & AnswersAn employee has employee + spouse medical coverage at the time the employee is involuntary terminated. The employee is not eligible for COBRA subsidy because he is covered by Medicare. Is the spouse eligible for the COBRA subsidy?11/02/2009National
82178faqs.aspxQuestions & AnswersAn employee is eligible for Cobra because she lost insurance coverage due to a voluntary personal leave of absence. Does she qualify for the subsidy?04/28/2010National
80701faqs.aspxQuestions & AnswersAn employee is eligible for the COBRA premium subsidy under ARRA. Can she elect COBRA with the subsidy for only her dependent daughter, and not herself?09/10/2009National
81629faqs.aspxQuestions & AnswersAn employee is eligible for the employer's medical coverage, but he is covered by COBRA and wants to keep the less costly COBRA. Does COBRA terminate now?01/26/2010National
90157faqs.aspxQuestions & AnswersAn employee is on workers' comp. and he has exhausted FMLA leave. He has not paid his medical premiums in several weeks. Do we have to offer him COBRA?10/05/2011National
81527faqs.aspxQuestions & AnswersAn employee's self-employed spouse has had a decrease in business revenue. The employee wants to terminate their health insurance coverage. Is the loss of compensation from the spouse's self employment a qualifying event?01/12/2010National
82565faqs.aspxQuestions & AnswersAn employee's spouse lost coverage when her employer laid her off. She will enroll in employee's plan. Can their daughter (not previously covered on spouse's insurance) enroll too?06/22/2010National
80667faqs.aspxQuestions & AnswersAn employee's spouse lost their job in 5/09 with their medical coverage getting cancelled 6/1/09. This individual made a last minute decision to not elect COBRA and now wants to enroll onto the employee's medical plan. Does the employee have 31 da09/03/2009National
83268faqs.aspxQuestions & AnswersAre we obligated to send out Cobra letter to an active employee who terminates medical and/or dental coverage and transfers to other coverage.09/03/2010National
80853faqs.aspxQuestions & AnswersAs an employer who has ex-employees on the COBRA subsidy program, how do you know if another company offers them other coverage which would make them ineligible for the subsidy? If a former employee who is on the subsidy gets another job and is offer09/24/2009National
80739faqs.aspxQuestions & AnswersCan an employee on COBRA elect to change from a POS to an HDHP?09/14/2009National
80998faqs.aspxQuestions & AnswersCan insurance carrier limit credit back 30 days when COBRA allows for more than that for notice?10/19/2009National
80241faqs.aspxQuestions & AnswersCan we cancel insurance for laid off employees during the COBRA 60-day grace period?07/21/2009National
82336faqs.aspxQuestions & AnswersCan you please tell me how a small employer applies for the Tax Credit?05/20/2010National
80811faqs.aspxQuestions & AnswersCan you provide any written clarification regarding COBRA ending when a member relocates to an area outside of the insurance company's service area?09/18/2009National
79714timesavers.aspxFormsCOBRA Alternative Notice (Includes COBRA Subsidy Information) National
90714news.aspxNewsCOBRA Complications Confuse HR01/11/2012National
18323timesavers.aspxChecklistsCOBRA Continuation Coverage Checklist National
79712timesavers.aspxFormsCOBRA General Notice (Includes COBRA Subsidy Information) National
84802timesavers.aspxChecklistsCOBRA Gross Misconduct Policy Checklist National
79628state_comparison_charts.aspxGuidance DocumentsCOBRA Premium Reduction Fact Sheet National
1524timesavers.aspxChecklistsCOBRA Recordkeeping Compliance Checklist National
79676state_comparison_charts.aspxGuidance DocumentsCOBRA Subsidy Program: 8 Steps for Staying in Compliance National
1728timesavers.aspxChecklistsContents of Notice to Qualified Beneficiaries National
81849faqs.aspxQuestions & AnswersDid not inform COBRA participant of increase in plan premiums, can i collect difference between paid and increase?03/04/2010National
81650faqs.aspxQuestions & AnswersDo have to offer Cobra to a person who has been fired for misconduct. Specifically, creating a hostile work environment and threatening others?02/01/2010National
82044faqs.aspxQuestions & AnswersDo you have a copy of the most recent model notice being used at point of hire for COBRA notification rights?04/12/2010National
82824faqs.aspxQuestions & AnswersDoes a Canadian company have to comply with COBRA if it has only 7 employees working in the U.S.?07/12/2010National
82165faqs.aspxQuestions & AnswersDoes ARRA Premium Reduction consider the death of an employee as voluntary termination? If so, would we have to send the spouse and dependent the ARRA Premium Reduction Election Form or could we just send the COBRA information?04/26/2010National
88988faqs.aspxQuestions & AnswersEmployees must work 32+ hours per week to be eligible for health benefits. They do not work set hours. If they lose eligibility, we offer COBRA. Do they qualify for 18 months of COBRA everytime they regain and then lose eligibility?07/27/2011National
82026faqs.aspxQuestions & AnswersEven though groups under 20 employees for a majority of the previous 12 months do not fall under COBRA law, can they still offer COBRA to their terminated employees?04/07/2010National
81604state_comparison_charts.aspxGuidance DocumentsFact Sheet: COBRA Premium Reduction National
8576timesavers.aspxLettersFailure to Pay COBRA Premiums National
82588faqs.aspxQuestions & AnswersFor purposes of NOT offering a former employee COBRA or State Continuation, what is the definition of "gross negligence"06/23/2010National
1679timesavers.aspxChecklistsGross Misconduct Checklist National
79240state_comparison_charts.aspxGuidance DocumentsHealth Insurance: Continuation and Conversion, by State National
80685faqs.aspxQuestions & AnswersHow do I get the ARRA subsidy for a stand-alone carrier?09/09/2009National
82351faqs.aspxQuestions & AnswersHow do we claim the credit for the 65% subsidized COBRA amount that we paid as an employer?05/21/2010National
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