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COBRA and tribal plans

Guest Penelope

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Guest Penelope

A tribe's health plan covers employees of the tribal government and its commercial enterprises. I assume that it is subject to COBRA and that the tribe must comply with ARRA subsidy rules for all its employees. What about a plan that covers only employees who perform gov't. functions? Although the plan would be treated as a state gov't plan for ERISA purposes, I don't believe it would be covered under the Public Health Act, and so it wouldn't be subject to COBRA at all? Any thoughts?

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