HELP! Client insists on COBRA enrollments at exit interview...

[Guest BeneGal]

We have a client who does COBRA administration for themselves. They are about 130 employees and this is how she is doing it:

Employee terminates, HR Mgr. has the employee complete a COBRA election form at the exit interview, if there's a spouse or dependents she DOES NOT send a seperate one, then only gives the QB 30 days to pay the first premium and if she doesn't receive it in 30 days she terminates the employee for non-payment of premium and sends a letter to him stating so.

There are so many COBRA rules broken here but I cannot convince her of that. I have given her written information on several occasions, time-frame charts, notice listings, etc. My hope is that someone will reply for me and I can print this out and send it to her!

Please help!

[oriecat]

If she won't believe you, then its just a disaster waiting for a lawsuit and she'll find out soon enough I guess! What reason does she give for not believing the written information you give her? Have you tried printing out just a basic FAQ from the DOL that covers those main questions?

http://www.dol.gov/ebsa/faqs/faq_consumer_cobra.html

[oriecat]

Do you get the EBIA weekly? Maybe you could print out some of the court cases where the employer was severely fined for their notice violations? Maybe seeing money attached would help her realize whats at stake...

[Sandra Pearce]

Maybe you could print the new notice regulations and highlight the applicable timing violations.

[Guest b2kates]

It is a clients right to be stupid. No notice to QBs, then the client may be self insuring the risk of medical care to the non- worker spouse and children.

[mbozek]

Its the clients risk if the employer does not comply with the law.

[Guest BeneGal]

Thank you to all! I am printing out the responses and faxing them to her this afternoon! I want very much to help her, but she has been resistant. My greatest concern is for the company and their huge potential liability! I've read the cases and have seen just how bad it could get... don't want to see that happen to them.

Thanks again to all!