Department of Labor Issues New Model COBRA Notices
May 12, 2020
The U.S. Department of Labor’s Employee Benefits Security Administration recently issued revised COBRA model notices and answers to Frequently Asked Questions focused on the interplay between Medicare and COBRA. The model notices now include additional information regarding the potential advantages to enrolling in Medicare before continuing to receive coverage through COBRA or in lieu of COBRA completely. The revised notices also warn eligible individuals of the potential effect on their enrollment in Medicare should they elect COBRA coverage first. While use of the model notices is not mandatory, DOL has reiterated that employers using the model notices will be considered in compliance with COBRA’s notice requirements. The FAQs also provide guidance regarding enrollment in Medicare after group health plan coverage ends, as well as which health coverage pays first for individuals enrolled in both Medicare and COBRA.
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