Dumb Cobra Question

mrsbowden · August 2003

I am really confusing myself here. I am reading a COBRA book and I am trying to figure out the time limitations on notifications. Our organization (ER), is responsible for sending all COBRA notices, ...we dont use cobraserv or anything like that in the book for instance it says.....

In general the employer has 30 days to notify the plan administrator of the qualifying events.

If I send the notices myself does that make me the plan administrator also...

Because futher on the book states...If the employer is also the administrator of the group health plan, it has 44 days to notify the qualified benenficiary...I really think I have confused my self here...Are they referring to the plan administrator as the person at (Blue Cross)? Not the person who administers COBRA as the administrator?

I hope this isn't too confusing x:-/

NaeNae55 · August 2003

In the past, employer has had 14 days to notify the plan administrator and the plan administrator had 30 days to send out the notice. That is where the 44 days comes from.

Some courts have ruled that when the employer is the administrator that they just have 30 days, and some have ruled that they have 44. I think, however, that I read recently that the DOL was going to go with 44 to stop all the confusion. My mind is really rusty on this though, so I could be wrong.

Good luck!

WT · August 2003

Many employers are self insured. Thus, they are the plan administrator because it is their plan. A plan administrator would have to have authority to make coverage decisions, interprete the plan, and have some sort of appeals process if the client did not agree. If you buy a fully paid plan, you would not be the plan administrator.

System · August 2003

Whether you are self insured or are the plan administrator or you count on the TPA to send COBRA notices or are self insured but contract with someone like CobraServe to send notices after you notify them.....30 or 44 days is plenty of time to take care of business. If you have an obligation to send out the paperwork, I don't understand the problem with responding timely and sending out the notification within 30 days. Why push the envelope? We are talking about the reality of real people having adequate health coverage and the peace of mind that goes along with that for real humans. Why let legislation and formulas and timelines get in the way of that? Just wondering. x:-)

mrsbowden · August 2003

oh sorry I think I came across wrong..I wasn't pushing the envelope by any means I agree....."We are talking about the reality of real people having adequate health coverage and the peace of mind that goes along with that for real humans."

I was just trying to confirm actual time lines. Eventhough, we try and push things out ASAP, just for documentation purposes I would like to tell my supervisors the regulation timelines

System · August 2003

MrsBowden,

I don't think you came across wrong. I, too, like to know the actual, true, real, legal requirements even though I process the paperwork more timely than is required. Also, I like to have the "right answer" when asked. I'm one of those people with an intense fear of failure or messing up.

"Sam"

Dumb Cobra Question

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