EB Flash: EBSA Issues New COBRA Model Notices for Employee Benefit Plans

Employee Benefits Alert
05.04.2020

The Employee Benefits Security Administration (EBSA) has issued new model notices to inform plan participants and beneficiaries of their rights under the Consolidated Omnibus Budget Reconciliation Act (COBRA) and qualified beneficiaries of their rights to elect COBRA. The move was prompted by a bipartisan letter sent earlier this year by the chairs and ranking members of several House Committees with jurisdiction over employer plans.

In general, COBRA permits employees (and family members) who lose their group health coverage due to termination (or reduction in hours, death, divorce/separation, Medicare entitlement and loss of dependent status) to continue group health coverage.

The Department of Labor (DOL) explains that the revised model notices "provide additional information to address COBRA's interaction with Medicare. The model notices explain that there may be advantages to enrolling in Medicare before, or instead of, electing COBRA. It also highlights that if an individual is eligible for both COBRA and Medicare, electing COBRA coverage may impact enrollment into Medicare as well as certain out-of-pocket costs."

The two new model notices are posted and linked below:

In conjunction with these new model notices, EBSA also issued several FAQs on the notices. These FAQs are posted here.

A press release issued by the DOL is posted here.


The information contained in this communication is not intended as legal advice or as an opinion on specific facts. This information is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. For more information, please contact one of the senders or your existing Miller & Chevalier lawyer contact. The invitation to contact the firm and its lawyers is not to be construed as a solicitation for legal work. Any new lawyer-client relationship will be confirmed in writing.

This, and related communications, are protected by copyright laws and treaties. You may make a single copy for personal use. You may make copies for others, but not for commercial purposes. If you give a copy to anyone else, it must be in its original, unmodified form, and must include all attributions of authorship, copyright notices, and republication notices. Except as described above, it is unlawful to copy, republish, redistribute, and/or alter this presentation without prior written consent of the copyright holder.