Responsiblity for Self Funded Healthcare Claims

[Guest Ira Hayes]

An employer sponsoring as self funded health plan subject to HIPAA and COBRA is sold to an unrelated employer. Coincident with the sale, it terminates its afore-mentioned plan so that it is liable only for claims incurred through date of sale. A standard plan provision states that claims must be submitted within one year of incurral.

How long must the employer give claimants to submit claims incurred pre date of sale after date of sale for them to be honored (not to exceed one year)?

It would be most appreciated if citations would accompany any valid responses.

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