What You Ought to Know About Notices and Deadlines — California Insurance coverage Lawyer Weblog — July 6, 2020

The coronavirus pandemic has altered each day life for everybody throughout the globe, and induced tens of hundreds of thousands of job losses in america. As a result of dropping your job usually means dropping your medical health insurance, this generally is a double whammy for affected people.

Congress acknowledged this downside in 1985 by passing the Consolidated Omnibus Price range Reconciliation Act (COBRA), a regulation that protects workers by letting them proceed the group medical health insurance protection they loved whereas employed for as much as 18 months (and typically longer) after their termination. (As with all regulation, there are exceptions. Not each employer is ruled by COBRA’s guidelines – for instance, COBRA solely applies to employers who’ve 20 or extra workers.)

Nevertheless, many individuals don’t know that they will proceed their medical health insurance protection, and sometimes employers inadequately inform their workers of their rights below COBRA, or just don’t inform them in any respect. That is unlawful. COBRA requires employers to offer written discover to terminated workers of their protection choices.

Employers Are Nonetheless Getting it Fallacious

Despite the fact that this has been the regulation for a few years, employers sadly are nonetheless getting it mistaken. Citigroup and Lowe’s have each been accused of failing to adjust to COBRA notification guidelines, and the newest high-profile lawsuit is towards Starbucks. The plaintiff in that case has accused Starbucks of sending out complicated COBRA notices. The discover he acquired didn’t inform him enroll in his COBRA plan, and as an alternative requested him to name a basic human sources quantity and go to a web page. The discover additionally didn’t inform him different essential data, corresponding to how he may lose protection, who the administrator of the plan was, or the place he was purported to ship premiums for protection.

This sort of data is essential for workers who’ve misplaced their jobs in the very best of occasions, however it’s much more essential now throughout a pandemic. The Division of Labor has issued new pointers due to the coronavirus, as we now have already mentioned. These guidelines prolong many of the deadlines concerned within the administration of worker profit plans, together with well being care plans. Whereas welcome, these new guidelines received’t essentially assist if workers don’t even find out about their choices for continued protection within the first place. Employers and different profit plan directors nonetheless have an obligation to provide workers a transparent and simply understood clarification of their rights.

In occasions like this, it’s extra essential than ever for employers to make sure that they’re defending their workers. If they’re unwilling to take action, then workers have the suitable to file a lawsuit towards them below a federal regulation known as ERISA. Our agency focuses on ERISA instances, so when you or somebody has been misled by a COBRA discover – or when you by no means acquired one in any respect – contemplate reaching out to Kantor & Kantor for a free session at 800-446-7529 or use our on-line contact type.


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