How to Comply with COBRA Without Getting Bit

Julie Athey, Attorney

Complying with the Consolidated Omnibus Budget Reconciliation Act (COBRA) is an issue far too complex to cover fully in a monthly newsletter. That's why we created HR Executive Special Reports.

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About the Report
How to Comply with COBRA Without Getting Bit provides a plain-English overview of one of the most complicated and confusing federal laws governing the workplace. The report explains how to determine if you're a covered employer, what is considered a group health plan, and the intricacies of notice requirements and continuation coverage, as well as COBRA's interaction with HIPAA and other laws.

COBRA's intent was certainly noble enough. It’s basically a safety net for workers and their families to keep them from having lapses in their health insurance when they’re in between jobs or other major events happen in their lives — like getting separated or divorced. But what began as a seemingly simple premise has evolved into a monolithic jumble of statutes, regulations, and regulatory documents.

Here's what we'll cover in the report:

• How to determine if your organization is required to comply with COBRA
• The elements of a group health plan, including dental and vision benefits, flexible spending and health savings accounts, health reimbursement arrangements, employee assistance programs, and more
• How to determine when an employee qualifies for continuation coverage
• A clear roadmap to election rights: coverage during election period, effect of early waiver, type of coverage elected, and payment of premiums
• How COBRA interacts with HIPAA, USERRA, and the Family and Medical Leave Act (FMLA)

Table of Contents:

1. BACKGROUND AND BASICS
COBRA Requirements in General
Terminology

2. ARE YOU REQUIRED TO COMPLY WITH COBRA?
Are You a Small Employer?
Churches and Government Employers
Business Reorganizations

3. WHAT IS A GROUP HEALTH PLAN?
Dental and Vision Benefits
Flexible Spending Accounts
Health Savings Accounts
Health Reimbursement Arrangements
Employee Assistance Programs
Medical Savings Accounts

4. UNDERSTANDING CONTINUATION COVERAGE
Qualified Beneficiaries
Qualifying Events

5. UNDERSTANDING THE NOTICE REQUIREMENTS
Methods of Providing Notice to Employees
General Notice to New Employees
Notices Required After a Qualifying Event

6. UNDERSTANDING ELECTION RIGHTS
Coverage During Election Period
Effect of Early Waiver
Type of Coverage Elected
Payment of Premiums

7. CUTTING OFF CONTINUATION COVERAGE
Obtaining Other Group Health Insurance
Nonpayment of Premiums
Termination for Cause

8. UNDERSTANDING COBRA’S INTERACTION WITH HIPAA
Preexisting Condition Exclusions
When an Employee Is Fired

9. UNDERSTANDING COBRA’S INTERACTION WITH OTHER LAWS
FMLA
USERRA
State “COBRA” Laws
Medicare

APPENDIX A
Model General Notice

APPENDIX B
Model Election Notice

And there's so much more. Order this in-depth report today and use it as a as a guide through the wilderness of COBRA's complexities