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Federal COBRA Information and
Notifications |
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Groups with 20+ employees
during at least half of the previous
calendar year are subject to
federal COBRA law.
The 20-employee count includes
full-time employees plus each
part-time employee counted as a
fraction of hours worked per full-time
workday or pay period. (For example, a
part-time employee working 30 hours a
week where full-time is 40 hours would
count as 0.75 employees.)
Employer Responsibilities
For federal COBRA, the employer is
responsible for notifying the employee
of eligibility for COBRA and
subsequent Cal-COBRA, if applicable,
among other responsibilities.
We recommend using a third party
administrator for COBRA. Most insurers
have a reputable company that they
work with. CobraServ and Ceridian are
examples.
Using a third party adminstrator
ensures that all the necessary
notifications and paperwork are taken
care of.
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HIPAA Coverage |
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When advising an employee or dependent of
his/her rights to continue coverage under
COBRA or Cal-COBRA, employers must ensure
that the employee or dependent understands
that failure to elect COBRA/Cal-COBRA will
result in ineligibility for HIPAA
guaranteed issue coverage in the future.
HIPAA, the Health Insurance Portability
and Accountability Act of 1996, requires
that insurers guarantee issue to
individuals who have had significant (and
continuous) coverage in the small group
market immediately prior to applying for
individual coverage, regardless of health
or other factors.
Unless covered under another group
plan, to remain eligible for HIPAA plans,
the individual must fully exhaust their
COBRA/Cal-COBRA benefits.
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Special Note |
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The information here is presented as a
courtesy reminder for our clients of
employer COBRA and Cal-COBRA
responsibilities. It is not a
comprehensive summary of those
requirements, nor is it intended as legal
advice.
If you have additional questions,
please refer to the appropriate government
site, your legal advisor or human
resources consultant.
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Help us help you! |
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run into a challenging benefits issue, let
us know! We'll work with you to find a
solution-and help others.
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appreciate your business.
We want to make your job easier. Call
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