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COBRA
Administration
The Consolidated
Omnibus Budget Reconciliation Act of 1985 (COBRA) requires most employers
with group health plans to offer employees the opportunity to continue,
temporarily, their group health care coverage under their employer's plan
if their coverage otherwise would cease due to termination, layoff, or
other change in employment status (referred to as "qualifying events").
COBRA Administration
is a complex and often litigious process that demands complete understanding
and procedural accuracy. Employers trying to manage COBRA Administration
spend thousands of dollars and most are not compliant in the latest regulations.
Surveys indicate that COBRA claims average 52% higher than active employee
claims! According to the IRS, almost 90% of employers are out of compliance
with COBRA regulations. By outsourcing COBRA Administration to Igoe
& Company Incorporated, our clients are confident that all necessary
COBRA requirements are being met in a timely manner, with appropriate
documentation and data archival.
The COBRA
law, though it affects insurance, is AN EMPLOYER LAW. The employer
has certain responsibilities under COBRA and the EMPLOYER is liable
for COBRA failures. There are financial penalties for not complying
with COBRA law and there are several different entities that levy penalties
for failure to comply with COBRA law.
» IRS:
The Internal Revenue Service penalty is a non-deductible excise tax
of $110 per day violation. If there is
more than one Qualified Beneficiary in the family, the Internal Revenue
Service excise tax is $200 per day.
» ERISA:
Since COBRA requirements are part of ERISA, failing to comply with
COBRA may subject an employer to an ERISA penalty of up to $100
per day, per violation. This penalty may be levied per Qualified
Beneficiary with no family maximum.
» CLAIM PAYMENT:
The employer may be required to pay the Qualified Beneficiaries' claims.
The employer must MAKE THE PERSON WHOLE by placing the Qualified Beneficiary
in the "exact financial condition" they would have been
in had they elected the most favorable coverage in light of the expenses
incurred.
» COURT LEVIED
DAMAGES: The employer may have ADDITIONAL MONETARY penalties levied
against him for failure to comply with COBRA law.
» ATTORNEY
FEES: The employer may be responsible for any attorney fees incurred
by a Qualified Beneficiary for failure to comply with COBRA law.
Outsource
to Igoe & Company Incorporated and ensure:
» Absolute
compliance with IRS and Department of Labor regulatory updates and
changes
» Reduction
of Employer's administrative burden and stress when dealing with ex-employees
» Appropriate
notification, premium reconciliation and archiving/storage of all
COBRA documentation
» Professional,
trained COBRA representatives decrease Employer's liability when managing
critical confidential issues and transactions with ex-employees.
Igoe & Company
Incorporated alleviates the financial risk; liability and administrative
involvement for our clients by ensuring that all Federal mandated
timelines are current, updated and the employer's responsibilities
are met
guaranteed compliance at a fraction of the cost!
Igoe
& Company Incorporated
Committed to excellence and integrity
in Benefit Plan Consulting and Administration
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