As these COBRA cases illustrate, COBRA compliance is a sticky issue! Here are three lessons from 2011 to keep you out of trouble in 2012!
COBRA Compliance Case #1: Notice the power of COBRA notifications.
Many COBRA disputes hinge on one critical factor: If and when the COBRA notice was sent, and if it can be proven. In fact, this was the deciding factor in the case of Brooks v. AAA Cooper Transportation*. In this case, the benefits specialist personally placed the employee’s COBRA election notice in the employer’s outgoing mail, and produced a signed and appropriately-dated copy of the COBRA notice. In another case, Hearst v. Progressive Foam Technologies, Inc.*, the post office helped prove that the former employee received timely COBRA election notice. In this instance, the employer’s COBRA TPA presented outgoing COBRA notices to a Post Office clerk, along with a manifest list naming each person receiving the COBRA notice. The clerk then verified and stamped the manifest to provide proof of mailing.