Can a plan sponsor combine COBRA notices for multiple plans (e.g., health, dental, FSA, EAP, vision, etc.)?

[Guest cstrong]

A plan sponsor offers its employees the option to participate in multiple group health plans. Can its COBRA notices apply to all the group health plans? Of course we will specifically identify the plans. For example, can one general COBRA notice be used for the health and dental plans, the vision plan, the FSA, and the EAP? We simply want to minimize the number of forms that employees receive. Thanks in advance for any suggestions.

[Christine Roberts]

The answer to your question depends upon whether the various group health plans are self-standing plans with separate Summary Plan Descriptions (SPD), or are combined under a "wrap document" that serves as an umbrella SPD for all the arrangements.

If you use a wrap document then your initial COBRA notice could be inserted in the wrap document/SPD, for all plans. But make sure that if some of your group benefits are not subject to COBRA (e.g., disability coverage) that the COBRA section specifically excludes these benefits.

Also, you should be very careful in drafting your COBRA election form & notice for qualified beneficiaries - those who have either terminated employment or experienced another qualifying event such as divorce. Make sure each type of coverage that is subject to COBRA rules is set forth clearly so the qualified beneficiaries can choose what coverages they want to continue.