On April 7, 2021, the U.S. Department of Labor (DOL) issued FAQs and model notices for the COBRA premium assistance provisions of the American Rescue Plan Act (ARPA). The ARPA provides a 100% subsidy for employer-sponsored group health insurance continued under COBRA and similar state continuation of coverage programs for eligible individuals. The subsidy applies from April 1 through Sept. 30, 2021. The notices and the FAQs appear on a new DOL webpage dedicated to the ARPA COBRA subsidy.

Model Notices

• The new model notices released by the DOL are the following:
• Model General Notice and COBRA Continuation Coverage Election Notice: MS Word | PDF
• Model Notice in Connection with Extended Election Period: MS Word | PDF
• Model Alternative Notice: MS Word | PDF
• Model Notice of Expiration of Premium Assistance: MS Word | PDF
• Summary of COBRA Premium Assistance Provisions under the American Rescue Plan Act of 2021: MS Word | PDF

FAQs

The DOL guidance contains 21 FAQs on topics such as eligibility, elections, notice requirements and duration of the subsidy. Notably, the FAQs state that prior federal COVID-19-related relief for plan deadlines does not apply to notice or election periods set forth in the ARPA provisions about the COBRA subsidy. However, an individual may elect COBRA from an earlier qualifying event if the individual is eligible to make that election, including under the extended time frames provided under that relief.

Employer Action

Plans may use the DOL model notices to meet their notice obligations under the COBRA subsidy provisions of the ARPA. Contact a Bolton Consultant today with any questions about COBRA model notices.

Please Note: The information contained in this post is not legal advice and should not be relied upon or construed as legal advice. This letter is for general informational purposes only and does not purport to be complete or cover every situation. Please consult your own legal advisors to determine how these laws affect you.