Unless you know how to deal with COBRA, you may be in ssstriking range!
Specific COBRA requirements are too complex to discuss here. Essentially, however, affected employers MUST:
- Provide writtne notices of continuation coverage rights and obligations to covered employees.
- Send eligibility notification letters to ex-employees and their eligible dependents whenever a "qualifying event" provides the option of extending coverage from 18 to 36 months.
- Collect all premiums from covered participants and maintain current addresses. Send late notices, if necessary, to assure premium collection.
- Remit collections to the insurer and maintain records as to who is no longer covered and why.
- Provide Notification of Termination letter to "principal qualified beneficiaries" when necessary.
- Notify "principal qualified beneficiaries" of premium and plan coverage changes in writing.
- Maintain complete "documentation" regarding all notices and procedures in case there is ever an inquiry or lawsuit brought against you.
"Technical and Miscellaneous Revenue Act of 1988" (TAMRA) - provides criteria used by the IRS to evaluate an employer's effort to COMPLY with COBRA. They are as follows:
- Training of individual(s) responsible for compliance
- Preparation of written instructions of your COBRA compliance administration
- Extent compliance program is designed and updated
- Compliance program monitored by outside auditors
- Employer has entered into an independent legal agreement with the notice providor