COBRA requirement for newborn

[Guest tonjer]

If a single former employee elects COBRA coverage and while on COBRA coverage gives birth, what are the time frames with respect to the following:

1) when the former employee must notify the employer of the birth

2) when the former employee must pay the premium for the newborn

I have been unable to find anything in the regs regarding the above. Does the 45-time to pay rule also apply for purposes of paying for the newborn child? Is it only with respect to the premium for the newborn, or does the former employee have 45 days to pay for both his or her coverage and the newborns? Any guidance/direction would be appreciated.

[Mary C]

HIPAA regulations give a plan participant a special enrollment period of 30 days after a birth in which to add the child. We use this as a guideline for our actives AND cobra participants. Premiums for the newborn must be paid from the date of the child's birth and we give the participant 30 days from the date the enrollment form is received in which to pay all back premium for the child. Thereafter the child's premiums are due the same time as the parents.

You're right COBRA doesn't have guidelines to handle this sort of thing so we have tried to give the COBRA participant the same rules as we use for our active employees since COBRA does say the participant needs to be treated as similarly situated active employee.