In the ever-evolving landscape of HR management, compliance is not just a check box – it’s a continuous process. When it comes to employee benefits, COBRA compliance is a cornerstone. Understanding the ins and outs of COBRA is essential for businesses that must comply with the law, as non-compliance can result in hefty fines and legal headaches.
What is COBRA?
COBRA, short for the Consolidated Omnibus Budget Reconciliation Act, is a federal law that provides a safety net for employees and their families, allowing them to continue their group health benefits under certain circumstances. The circumstances, known as qualifying events, include:
- Termination of employment (not resulting from gross misconduct)
- Reduction in hours
- Divorce or legal separation
- Death of the covered employee
- Entitlement to Medicare
- Change in dependent status
- Active military duty when health coverage isn’t voluntarily maintained
- Failure to return to work after FMLA if coverage was lost during leave
- Employer bankruptcy
Who Provides, Who’s Eligible, and What Benefits are Covered?
The federal law mandates that employers with 20 or more employees must comply with COBRA regulations. Qualified beneficiaries who can receive benefits can include:
- Employees (full-time or part-time participating in the group health plan)
- Spouses (or former spouses)
- Partners in a partnership
- Dependents
- Retirees (unless they are eligible for Medicare)
COBRA coverage typically extends to various health-related plans, including:
- Health Care Plans
- Medical Spending Accounts
- Dental Plans
- Vision Plans
- Hearing Plans
- Prescription Drug Plans
- Alcohol and Substance Abuse Plans
- Mental Health Plans
However, certain benefits like life insurance, disability insurance, retirement plans, and vacation plans are not covered under COBRA.
Ohio Mini-COBRA
Mini-COBRA applies to employers who are not subject to federal COBRA, such as:
- Group plans with less than 20 employees
- Church employer plans
- Certain governmental plans
Ohio's Mini-COBRA law also permits former employees and their qualified dependents to continue receiving coverage under an employer’s group health plan for up to 12 months. Generally, the state law is similar to the federal law, but there are some differences with respect to timing and eligibility.
How Long Does COBRA Coverage Last?
The duration of COBRA coverage depends on the type of event and who the beneficiary is. Coverage can last for:
- 18 Months: In cases of termination of employment or reduction in hours for the employee and covered dependents
- 36 Months: For other qualifying events like divorce, legal separation, or a dependent's change in status
COBRA Communication Duties
COBRA emphasizes clear communication to employees regarding their right to continue benefits. Employers must provide:
- Initial Notice: Notify covered employees and spouses of their initial COBRA rights
- Election Notice: Inform covered individuals of their right to continue coverage after a qualifying event
- Notification to Plan Administrator: Notify the plan administrator of any qualifying event within specific timeframes
- After receiving a notice, employees have 60 days to elect coverage. The election notice must also include information about health exchange coverage options
Paying for COBRA Coverage
COBRA beneficiaries generally pay the full cost of premiums, plus a 2% administrative fee. Employers can charge 150% of the premium for months 18 through 29 in cases of disability. A 30-day grace period is provided for payments, while timeliness is crucial to avoid termination of coverage.
Complying with State COBRA-like Laws
In addition to federal regulations, individual states may have their own COBRA-like laws. These laws vary in complexity and coverage, and employers must ensure compliance with both federal and state regulations. Important considerations include:
- Covered Benefit Plans
- Applicable Employers and Benefit Providers
- Eligible Employees
- Qualifying Events
- Notification Requirements
- Duration of Coverage
Outsourcing COBRA Management
Given the complexities of COBRA administration, many employers choose to outsource this task to specialized providers like PayBridge. Outsourcing COBRA management offers several benefits:
- Expertise: COBRA regulations are constantly evolving, and outsourcing ensures compliance with the latest changes
- Efficiency: Specialized providers streamline administrative processes, reducing the burden on HR teams
- Accuracy: By entrusting COBRA management to professionals, employers can minimize errors and ensure accurate record-keeping