by Jackson Lewis
The United States Department of Labor ("DOL") posted on its website
model notices and application forms to be used by employer-sponsored
health plans and individuals electing COBRA in connection with the
American Recovery and Reinvestment Act of 2009 ("ARRA") COBRA premium
subsidy. The ARRA requires that group health plans notify certain
current and former plan participants about the COBRA premium subsidy.
(For more information about the ARRA subsidy and group health plan
compliance requirements, see our article, COBRA Premiums Subsidized
Under The American Recovery and Reinvestment Act of 2009).
The DOL's model notices and forms are available in a file format
that enables easy customization for your group health plan's purposes
at
http://www.dol.gov/ebsa/COBRAmodelnotice.html.
The DOL included three model notices for use by employers (along with
application forms for COBRA qualified beneficiaries to complete and
return to get the subsidized COBRA premium):
- a revised model General Notice to be sent to all COBRA qualified
beneficiaries who had or have any COBRA qualifying event after August
31, 2008 and before January 1, 2010;
- an abbreviated version of the General Notice which may be sent " in
lieu of the full version in #1 above " to COBRA qualified beneficiaries
who already elected and are currently covered under your plan's COBRA
coverage; and
- an Extended Election Period Notice for individuals who had a
qualifying event after August 31, 2008 and before February 17, 2009 and
who are not covered under your plan's COBRA coverage (either because
they did not elect COBRA or because they let their COBRA coverage
lapse). This notice must be provided to such individuals by April 18,
2009.
The model notices and forms must be modified for use with your
group health plan by inserting specific information and deleting
inapplicable provisions.
If you have any questions regarding the ARRA subsidy or would like
assistance in customizing the applicable notices and forms, contact the
attorneys in Jackson Lewis LLP's Employee Benefits, including Complex
ERISA Litigation and Workplace Privacy, Practice Group.