MODEL
GENERAL NOTICE OF COBRA CONTINUATION COVERAGE RIGHTS
(For use by single-employer group health plans) ** CONTINUATION COVERAGE RIGHTS UNDER COBRA** Introduction
You are receiving this notice because you have recently become
covered under a group health plan (the Plan). This notice contains
important information about your right to COBRA continuation coverage,
which is a temporary extension of coverage under the Plan. This
notice generally explains COBRA continuation coverage, when it
may become available to you and your family, and what you need
to do to protect the right to receive it.
The right to COBRA continuation coverage was created by a federal
law, the Consolidated Omnibus Budget Reconciliation Act of 1985
(COBRA). COBRA continuation coverage can become available to you
when you would otherwise lose your group health coverage. It can
also become available to other members of your family who are covered
under the Plan when they would otherwise lose their group health
coverage. For additional information about your rights and obligations
under the Plan and under federal law, you should review the Plan’s
Summary Plan Description or contact the Plan Administrator.
What is COBRA Continuation Coverage?
COBRA continuation coverage is a continuation of Plan coverage
when coverage would otherwise end because of a life event known
as a “qualifying event.” Specific qualifying events
are listed later in this notice. After a qualifying event, COBRA
continuation coverage must be offered to each person who is a “qualified
beneficiary.” You, your spouse, and your dependent children
could become qualified beneficiaries if coverage under the Plan
is lost because of the qualifying event. Under the Plan, qualified
beneficiaries who elect COBRA continuation coverage [choose
and enter appropriate information: must pay or are not required
to
pay] for COBRA continuation coverage.
If you are an employee, you will become a qualified beneficiary
if you lose your coverage under the Plan because either one of
the following qualifying events happens:
- Your hours of employment
are reduced, or
- Your employment ends for any reason other than your
gross misconduct.
If you are the spouse of an employee, you will
become a qualified beneficiary if you lose your coverage under
the Plan because any
of the following qualifying events happens:
- Your spouse dies;
- Your spouse’s hours of employment are
reduced;
- Your spouse’s employment ends for any reason other
than his or her gross misconduct;
- Your spouse becomes entitled
to Medicare benefits (under Part A, Part B, or both); or
- You become
divorced or legally separated from your spouse.
Your dependent
children will become qualified beneficiaries if they lose coverage
under the Plan because any of the following
qualifying events happens:
- The parent-employee dies;
- The parent-employee’s hours of
employment are reduced;
- The parent-employee’s employment
ends for any reason other than his or her gross misconduct;
- The
parent-employee becomes entitled to Medicare benefits (Part
A, Part B, or both);
- The parents become divorced or legally separated;
or
The child stops being eligible for coverage under the plan
as a “dependent
child.”
When is COBRA Coverage Available?
The Plan will offer COBRA continuation coverage to qualified
beneficiaries only after the Plan Administrator has been notified
that a qualifying
event has occurred. When the qualifying event is the end of
employment or reduction of hours of employment, death of the
employee, [add
if Plan provides retiree health coverage: commencement of a
proceeding in bankruptcy with respect to the employer,] or
the employee's
becoming entitled to Medicare benefits (under Part A, Part
B, or both), the employer must notify the Plan Administrator
of
the qualifying
event.
You Must Give Notice of Some Qualifying Events
For the other qualifying events (divorce or legal
separation of the employee and spouse
or a dependent child’s losing
eligibility for coverage as a dependent child), you must notify
the Plan Administrator
within 60 days [or enter longer period permitted under
the terms of the Plan] after the qualifying
event occurs. You must provide
this notice to: [Enter name of appropriate party]. [Add
description of any additional Plan procedures for this notice,
including
a description of any required information or documentation.]
How is COBRA Coverage Provided?
Once the Plan Administrator receives notice that a qualifying
event has occurred, COBRA continuation coverage will be offered
to each
of the qualified beneficiaries. Each qualified beneficiary
will have an independent right to elect COBRA continuation
coverage.
Covered employees may elect COBRA continuation coverage on
behalf of their spouses, and parents may elect COBRA continuation
coverage
on behalf of their children.
COBRA continuation coverage is a temporary continuation of
coverage. When the qualifying event is the death of the employee,
the employee's
becoming entitled to Medicare benefits (under Part A, Part
B, or both), your divorce or legal separation, or a dependent
child's
losing eligibility as a dependent child, COBRA continuation
coverage lasts for up to a total of 36 months. When the qualifying
event
is the end of employment or reduction of the employee's hours
of
employment, and the employee became entitled to Medicare benefits
less than 18 months before the qualifying event, COBRA continuation
coverage for qualified beneficiaries other than the employee
lasts until 36 months after the date of Medicare entitlement.
For example,
if a covered employee becomes entitled to Medicare 8 months
before the date on which his employment terminates, COBRA continuation
coverage for his spouse and children can last up to 36 months
after the date of Medicare entitlement, which is equal to 28
months after
the date of the qualifying event (36 months minus 8 months).
Otherwise, when the qualifying event is the end of employment
or reduction
of the employee’s hours of employment, COBRA continuation
coverage generally lasts for only up to a total of 18 months. There
are two ways in which this 18-month period of COBRA continuation
coverage can be extended.
Disability extension of 18-month period of continuation coverage
If you or anyone in your family covered under the Plan is determined
by the Social Security Administration to be disabled and you
notify the Plan Administrator in a timely fashion, you and
your entire
family may be entitled to receive up to an additional 11 months
of COBRA continuation coverage, for a total maximum of 29 months.
The disability would have to have started at some time before
the 60th day of COBRA continuation coverage and must last at
least
until the end of the 18-month period of continuation coverage. [Add description of any additional Plan procedures for this
notice, including a description of any required information
or documentation,
the name of the appropriate party to whom notice must be sent,
and the time period for giving notice.]
Second qualifying event extension of 18-month period of continuation
coverage
If your family experiences another qualifying event while receiving
18 months of COBRA continuation coverage, the spouse and dependent
children in your family can get up to 18 additional months
of COBRA continuation coverage, for a maximum of 36 months,
if notice
of
the second qualifying event is properly given to the Plan.
This extension may be available to the spouse and any dependent
children
receiving continuation coverage if the employee or former employee
dies, becomes entitled to Medicare benefits (under Part A,
Part B, or both), or gets divorced or legally separated, or
if the
dependent child stops being eligible under the Plan as a dependent
child,
but only if the event would have caused the spouse or dependent
child to lose coverage under the Plan had the first qualifying
event not occurred.
If You Have Questions
Questions concerning your Plan or your COBRA continuation coverage
rights should be addressed to the contact or contacts identified
below. For more information
about your rights under ERISA, including COBRA, the Health Insurance Portability
and Accountability Act (HIPAA), and other laws affecting group health plans,
contact the nearest Regional or District Office of the U.S. Department of
Labor’s
Employee Benefits Security Administration (EBSA) in your area or visit the EBSA
website at www.dol.gov/ebsa. (Addresses and phone numbers of Regional and District
EBSA Offices are available through EBSA’s website.)
Keep Your Plan Informed of Address Changes
In order to protect your family’s rights, you should keep the Plan Administrator
informed of any changes in the addresses of family members. You should also keep
a copy, for your records, of any notices you send to the Plan Administrator.
Plan Contact Information
[Enter name of group health plan and name (or position), address and phone number
of party or parties from whom information about the plan and COBRA continuation
coverage can be obtained on request.]
For any questions about this or other benefits issues, contact Andrea L.
Bailey at abailey@constangy.com.
|