No compliance strategy is complete without a solid understanding of every law that affects current and former employees.
The Consolidated Omnibus Budget Reconciliation Act (COBRA) is a prime example. This federal law requires certain businesses to give employees and their families the chance to extend health benefits under specific conditions, such as:
- voluntary and involuntary termination
- reduced hours of employment
- Medicare eligibility
- death of the primary beneficiary
- divorce or legal separation from a covered employee
- loss of dependent-child status
- retirement
COBRA applies to any company with 20 or more workers and group health coverage. The law also covers organizations that have at least 20 people working during more than half of its typical business days in the previous calendar year.
Employers failing to comply with COBRA’s requirements could feel its bite in the form of fines, extra taxes and other penalties. Plus, states with their own rules around COBRA (aka “mini-COBRA” laws) add an extra layer of complexity.
What are the most common COBRA mistakes?
Similar to other regulations, the most frequent COBRA blunders relate to missed deadlines and forgotten notices. According to the Society for Human Resource Management, common mistakes include:
- failing to consider part-time employees for coverage
- forgetting about state mini-COBRA laws
- overlooking how other federal rules affect COBRA compliance
Any one of these issues can subject a business to daily taxes and civil penalties from the IRS and the Employee Retirement Income Security Act of 1974 (ERISA).
What are the penalties companies can receive under COBRA?
Employers that don’t comply with COBRA could pay for damages from two sources. First, the IRS applies and excise tax of $100 per day of noncompliance for each qualified beneficiary, with a $200 daily cap. The ERISA, similarly, can spur civil penalties of $110 per day for each qualified beneficiary with no max limit.
Remember, your organization assumes liability for COBRA noncompliance — not an insurance provider. To help avoid these and other regulatory mishaps, organizations should invest in easy-to-use COBRA administration software. It helps companies avoid exposure to COBRA violations by automating the tedious aspects of compliance, like:
- checking for legal changes
- sending required notifications
- tracking key deadlines
- collecting and remitting premiums
- and more
COBRA compliance may seem challenging, but it’s possible to help shield your company from its bite with the right tech and strategy.