The latest news and headlines to keep you up to date on the COVID-19 pandemic. In some cases, qualified beneficiaries may have been told that their elections or premium payments were late. You have 60 days after being notified to sign up. Due to COVID-19, many organizations have had to go into crisis mode to react swiftly with the changing atmosphere that took form.As an HR professional, you are sympathetic, enthusiastic, and care deeply about the people at your organization. The defined “outbreak period” runs from March 1, 2020, until 60 days after the COVID-19 national emergency ends (or such other date as the federal agencies announce).If there are different outbreak period end dates for different parts of the country, the agencies will issue additional guidance for relevant areas, which could mean that the outbreak period could be different for different parts of the country (and, theoretically, different parts of certain states).With regard to COBRA compliance, the outbreak period must be disregarded for purposes of:Another way to look at the applicable COBRA time periods is that they are “tolled” (held in abeyance) until the end of the outbreak period. If coverage for a spouse is added after the employee’s, the spouse must be provided a notice at that time.
Employers negotiating new service agreements should also keep a close eye on the indemnification provisions in their agreements to ensure that the have adequate protection in the event the third-party administrator fails to properly issue the notices.Lastly, note the DOL’s model notices are available in both English and Spanish. The COBRA regulations provide detailed content requirements for both the COBRA general notice and the COBRA election notice. Admittedly, there are way more questions than answers for all the benefits issues that could arise.However, plan administrators cannot be frozen in place at this time. Using interviews with members from the HR Daily […]Getting Employees on Board With Off-Site I-9s HR professionals know that Form I-9 must be filled out correctly, but off-site employees struggle to complete it without help.

Sign up for the HR Daily Advisor Newsletter A divisive workforce is bad for culture and getting ahead of the turmoil will help keep your workforce united and engaged. The plaintiffs in those actions often collectively seek hundreds of thousands of dollars in damages.An employer cannot escape liability for issuing an improper COBRA notice, even if it has contracted with a third-party administrator to issue such notices.
Perhaps the notice could be included on a website or distributed by a third-party administrator to each qualified beneficiary’s last known address.The important consideration from a fiduciary perspective is that qualified beneficiaries may not have received accurate information in light of the COVID-19 extension, and it is important to make sure they understand their rights.Even if a plan decides to provide such an interim notice, what exactly is it supposed to say? If the old procedure was to cover claims during a COBRA election period subject to retroactive termination if the COBRA election (and premium payment) is not made, does that procedure make sense once the period is extended for several months during the outbreak period?Plans should also consider how they will respond to coverage inquiries during the outbreak period to make sure they do not mislead medical providers.If a qualified beneficiary obtains that other coverage before making the COBRA election, however, that other coverage does not terminate rights to COBRA coverage. In these situations, what should plan administrators do?One approach could be for plan administrators to create some type of interim notice that explains the COVID-19 extension and advises qualified beneficiaries they have extended time to act. There is no clear defined deadline for making elections and paying COBRA premiums at this time, and the ongoing situation could be fluid.If different outbreak periods apply in different states, this could make communicating deadlines even more complicated for plan administrators. You’re getting this notice because you recently gained coverage under a group health plan (the Plan). In a statement, the company says of the policy change: "To enable a work environment free of [discrimination and harassment], we ask that associates refrain from workplace expressions in support of political campaigning for any candidate or political party, as well as similar forms of advocacy that fall outside the scope of racial justice and equity issues. Hopefully, the disruption will soon end and plan administrators can return to the “normal” level of uncertainty in dealing with COBRA coverage.Due to COVID-19, the need for digitizing hiring to enable remote work is even greater. At the same time, COBRA administration can become quite complicated when time periods are extended indefinitely.Here are some of the key issues to consider as administrators address the COBRA extended periods.Therefore, a risk always exists that a qualified beneficiary could wait to see if the medical claims incurred justify paying the COBRA premium. The new language also highlights that COBRA coverage usually pays secondary to Medicare (or what Medicare would have paid if no Medicare coverage has been elected). Ensuring that new hires are successfully settling in to their new roles is paramount in this unprecedented time. © 2020 BLR®—Business and Legal Resources 100 Winners Circle, Suite 300, Brentwood, TN 37027 800-727-5257 All rights reserved. You should get a notice in the mail about your COBRA and Cal-COBRA rights.


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