Legislation (HR 3326) extending and expanding the COBRA premium subsidy has been signed into law meaning, assistance-eligible individuals (AEIs) involuntarily terminated from employment on or before Feb. 28, 2010, can receive the subsidy. The subsidy cap will remain at 65 percent, but the maximum subsidy period will expand to 15 months. Eligibility still will be limited to people losing health coverage due to involuntary employment termination.
Extended eligibility period - the subsidy program now will cover people eligible for COBRA due to involuntary employment termination on or before Feb. 28, 2010, instead of Dec. 31, 2009. The extension includes COBRA-eligible individuals involuntarily terminated on Feb. 28, 2010, even if their COBRA begins on March 1, 2010. The law clarifies that people involuntarily terminated on or before Dec. 31, 2009, who become eligible for COBRA on Jan. 1, 2010, will be subsidy-eligible, reversing earlier guidance.
Longer subsidy period - the maximum subsidy period for AEIs - including anyone now receiving the subsidy - will be 15 months instead of just nine months. But the law doesn't change the maximum COBRA eligibility period, so people who exhaust their COBRA coverage may not be eligible for the full 15 months of subsidy.
Notices, options for AEIs who exhausted subsidy - individuals who exhausted the original nine-month subsidy period before the new law takes effect can get the subsidy for another six months (if they remain AEIs and their COBRA period hasn't ended). Employers must quickly notify AEIs who exhausted the subsidy and then dropped COBRA (or kept COBRA but paid unsubsidized premiums) that they now may pay reduced premiums for retroactive coverage (or receive credit for or reimbursement of overpayments). Notice must be given within 60 days of the AEI dropping or first overpaying for COBRA.
Other notices - employers must send notices describing the revised program to anyone eligible for the subsidy or terminated from employment (voluntarily or not) on or after Oct. 31, 2009. This notice must be given within 60 days of the law's enactment or, if later, the usual deadline for furnishing COBRA materials to individuals experiencing a COBRA qualifying event. Department of Labor sample notices and information on deadlines can be found by clicking
here.