COBRA — Consolidated Omnibus Budget Reconciliation Act of 1985 (Portfolio 338)

Description

Bloomberg Tax Portfolio, COBRA — Consolidated Omnibus Budget Reconciliation Act of 1985, No. 338, analyzes the requirements of the health care continuation rules under §4980B (i.e., “COBRA”). It discusses the COBRA rules regarding the plans subject to COBRA, qualifying for COBRA continuation coverage, the notices required under COBRA, and the effect of the failure to comply with COBRA. Additionally, this portfolio addresses the subsidies and extended election periods that applied as a result of the Trade Adjustment Assistance Act of 2002 and the American Recovery and Reinvestment Act of 2009. Although many of these rules no longer apply, they are addressed because the years in which those rules applied continue to be under examination by governmental agencies. Lastly, the portfolio addresses the application of COBRA in the mergers and acquisitions context.

This Portfolio may be cited as Cowart and Oliphant,  338 T.M., COBRA — Consolidated Omnibus Budget Reconciliation Act of 1985.

Table of Contents

I. History of COBRA’s Enactment
II. History of COBRA Regulation and Enforcement
III. Plans Subject to COBRA
IV. Qualifying for COBRA Continuation Coverage
V. Coverage that Constitutes COBRA Continuation Coverage
VI. Notification Requirements
VII. The Qualified Beneficiary’s Election of Coverage and Payment for Coverage
VIII. Length of Coverage
IX. Effect of Failure to Comply with COBRA
X. Coordination with Other Laws Affecting Continuation Coverage and Benefits
XI. COBRA in Mergers and Acquisitions