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New York State law requires small employers (less than 20 employees) to provide the equivalent of COBRA benefits. You are entitled to 36 months of continued health coverage at a monthly cost to you of 102% of the actual cost to the employer which may be different from the amount deducted from your paychecks.
Are there penalties for failing to provide a COBRA notice? Yes, and the penalties can be substantial. Under the Employment Retirement Income Security Act of 1974 (ERISA), a penalty of up to $110 per day may be imposed for failing to provide a COBRA notice.
COBRA coverage follows a "qualifying event". An example of a qualifying event would be if your hours were reduced or you lost your job (as long as there was no gross misconduct). Your employer must mail you the COBRA information and forms within 14 days after receiving notification of the qualifying event.
If You Do Not Receive Your COBRA PaperworkReach out to the Human Resources Department and ask for the COBRA Administrator. They may use a third-party administrator to handle your enrollment. If the employer still does not comply you can call the Department of Labor at 1-866-487-2365.
In most cases, COBRA provides for continuation of health plan coverage for up to 18 months following the work separation. COBRA rights accrue once a "qualifying event" occurs - basically, a qualifying event is any change in the employment relationship that results in loss of health plan benefits.
Initial COBRA notices must generally be provided within 14 days of the employer notifying the third-party administrator (TPA) of a qualifying event.
Federal COBRA & New Hampshire Continuation of Coverage Consolidated Omnibus Budget Reconciliation Act Continuation Coverage (COBRA) is a Federal law that gives employees and their covered dependents, who lose health benefits, the right to continue their coverage, in most cases, a maximum of 18 months.
DOL ERISA Penalties An employer is liable up to an additional $110 per day per participant if they fail to provide initial COBRA notices. ERISA can also hold any fiduciary personally liable for non-compliance.
COBRA is automatically available to you if you stop working at a qualified employer that provided group health insurance, but your participation in the program is not automatic. You must complete an enrollment form within the specified period of time and pay your first insurance premium.
With all paperwork properly submitted, your COBRA coverage should begin on the first day of your qualifying event (for example, the first day you are no longer with your employer), ensuring no gaps in your coverage.