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What Are the Notice Requirements Under COBRA?

What Are the Notice Requirements Under COBRA?

Navigating the legal requirements of COBRA can be overwhelming for employers, and employees and their families. There are several notice requirements and procedures under COBRA.

According to the U.S. Department of Labor, the notice requirements under COBRA include ―

  • COBRA General Notice: Group health plans must give each employee and each spouse of an employee who becomes covered under the plan a general notice describing COBRA rights. The general notice must include information such as:
    • A description of the continuation coverage provided by the plan
    • An explanation of what qualified beneficiaries must do to notify the plan of qualifying events or disabilities
  • Qualifying Event Notice by Employer: The employer is required to notify the plan within 30 days after the qualifying event occurs, if the event is:
    • Termination or reduction in hours of employment
    • Death of the covered employee
    • Covered employee's becoming entitled to Medicare
  • Qualifying Event Notice by Employee: The employee or one of the qualified beneficiaries is responsible for notifying the plan if the qualifying event is:
    • Divorce
    • Legal separation
    • A child's loss of dependent status
  • Election Notice: Within 14 days of receiving a notice of a qualifying event, the plan must provide the qualified beneficiaries with an election notice which includes:
    • Identification of the qualifying event and qualified beneficiaries
    • The date coverage will terminate (or has terminated) if no election is made
    • How to elect continuation coverage
    • Information on payment requirements
  • Notice of Unavailability of Continuation Coverage: If a plan denies a request for continuation coverage, the plan must send a notice with an explanation of denial within 14 days.
  • Notice of Early Termination: The plan must give the qualified beneficiary a notice of early termination as soon as practicable after the decision is made.

If you have any questions regarding your rights or obligations under COBRA, consult an experienced Georgia employment and labor law attorney who can provide you with the guidance you need.

 

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