Subject: Newsletter: Sample Notice to COBRA Continuees; Due by 11/1/96 ................. BenefitsLink Newsletter ............. { { Free, useful information about U.S. tax and labor laws { and new Internet resources, for employee benefit plan { sponsors, service-providers and participants. ......................................................... Issue #3. In the news: ........ SAMPLE COBRA NOTICE - MUST BE PROVIDED BY NOV. 1 ... Recent federal legislation requires group health plans regulated by COBRA to provide a special notice to any persons actually on COBRA continuation coverage. The deadline is November 1. This requirement generally falls on employers, not on the insurance companies providing the health insurance. BenefitsLink is pleased to publish the following sample notice, drafted by Schiff Hardin & Waite of Chicago. *Thanks* to Mike Melbinger, an attorney with that law firm ------------------- Notice to Qualified Beneficiaries of Changes to COBRA Requirements Made by the Health Insurance Portability and Accountability Act of 1996 October __, 1996 On August 21, 1996, the President signed into law the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). HIPAA revised the health coverage continuation requirements under the Consolidated Omnibus Budget Reconciliation Act of 1985 ("COBRA"). HIPAA also requires that the Plan notify each qualified beneficiary who has elected continuation coverage under COBRA of the changes to COBRA by HIPAA. The Company's records indicate that you have elected to continue coverage under the Company's Group Health Plan. These changes are summarized below. 1. COBRA generally provides that qualified beneficiaries are entitled to continue coverage for up to 18 months after a termination or reduction in hours of employment, subject to timely premium payments. This 18-month period could be extended for an additional 11 months (for a total coverage continuation period of up to 29 months from the initial qualifying event) if an individual was determined under the Social Security Act to have been disabled at the time of the qualifying event, and if he or she notified the plan administrator of such disability determination within 60 days of the determination and before the end of the original 18-month period. Beginning in 1997, the extended maximum COBRA period of 29 months will apply if a qualified beneficiary is determined to be disabled under the Social Security Act "at any time during the first 60 days of continuation coverage." The disabled individual can be the former employee or any other qualified beneficiary. If the disabled individual is the former employee, the 29 month period would apply to all qualified beneficiaries. Affected individuals still must comply with the notice requirement, and COBRA entitlement would end when the qualified beneficiary is no longer disabled. 2. A child that is born to or placed for adoption with a former employee during a period of COBRA coverage may be added to coverage as a qualified beneficiary, by giving proper notice to the plan administrator, in accordance with the terms of the plan. The foregoing changes are effective January 1, 1997, regardless of whether the qualifying event occurred before, on, or after that date. Under COBRA, your right to continue coverage terminates if you become covered by another employer's group health plan that does not limit or exclude coverage for your preexisting conditions. If you become covered by another group health plan and that plan contains a preexisting condition limitation that affects you, your COBRA continuation coverage cannot be terminated. HIPAA limits the extent to which employers' group health plans can impose preexisting condition exclusions effective for plan years beginning after June 30, 1997. Thus, if another plan's preexisting exclusion cannot apply to you because of HIPAA, your entitlement to COBRA continuation coverage under the Company's Group Health Plan may terminate. If you have any questions about these changes, please contact the Plan Administrator. ................. BenefitsLink Newsletter ............... { { To unsubscribe: send email to majordomo@benefitslink.com { with "UNSUBSCRIBE newsletter" in the text of the email { without the quotation marks. { { To subscribe: send email to majordomo@benefitslink.com { with "SUBSCRIBE newsletter johndoe@wherever.com" in the { text of the email without the quotation marks, using { your email address rather than johndoe's. { { Your email address is not sold or leased to junk mailers { or any other organization ... no spam, just BenefitsLink! { { To contribute information for publication or to learn { more about sponsoring an issue of the newsletter, please { reply to newsletter@benefitslink.com. { { BenefitsLink is the national employee benefits Web site { at http://www.benefitslink.com -- Dave Baker, Editor.