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COBRA Employer Responsibilities
COBRA (the Consolidation Omnibus Budget Reconciliation Act) is an initiative that allows employees to maintain their health insurance coverage despite being terminated from their position – as long as the termination was not precipitated by gross misconduct.
For the COBRA employer, there are certain responsibilities that must be met:
- Employees and spouses that are covered through the COBRA program must be notified of their rights upon the beginning of the coverage of the employer health plan.
- Employees and other covered applicants must be notified within 14 days of the date when the individual qualifies for COBRA coverage. All forms must be provided to the individual by the company.
- The Employer must maintain proper records to demonstrate that employees have been notified of changes within the policy through the specific windows.
- Employer must track COBRA election periods and the length of time that an employee has been enrolled in coverage.
- Employer must provide invoices to COBRA regarding premium payments and short-bill payments must be balanced and recorded.
- The Employer must maintain the records and correspondences between the employer and employee.
- The employer must notify COBRA in the case that there are any changes in benefits through the entire time the employee is enrolled in the program.
- COBRA continuant must be notified when coverage for the employee has been terminated.
- The continuant has the right to add dependents or change the plan in the way of increasing coverage, so long as the employee maintains an active status.
- Procedures must be maintained in written form in the office of the employer.
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