Back in 2004, the Department of Labor (DOL) issued new regulations requiring a COBRA Notice of Unavailability requirement. The new notice must be sent in the participant does not qualify for COBRA. If a plan administrator receives a notice of a:
Qualifying event;
Second qualifying event; or
Disability determination.
Then determines that the individual is not entitled to COBRA or the disability extension, the plan administrator must send the CORA notice of unavailability to the individual explaining why the individual cannot have COBRA or a disability extension of COBRA.
There is no unavailability notice requirement where the employer (vs. the individual), is required to notify the plan administrator. For example, you will not get a COBRA notice of unavailability if you lose your health insurance from a:
Termination of employment;
Reduction of hours;
Employee death; or
Enrollment in Medicare.
A notice of unavailability might be issued in the cases where participants:
Get divorced without a court order
Become legally separated without documentation
Is a spouse or dependent not in the plan at time of divorce or legal separation
A spouse or dependent not in the plan at the employee's termination of employment
Did not send SSA's disability letter within 60 days of the date of determination
Lost coverage for another reason which was not a qualifying event
Check out and use our COBRA Unavailability Notice below:
SAMPLE NOTICE OF UNAVAILABILITY OF COBRA COVERAGE
[Mr.Former Plan Participant 123 No Healthcare lane City, STATE 92213]
[Enter date]
Dear Participant:
This notice contains important information about COBRA continuation health coverage under the __________ health plan (the "Plan"). Other dependents covered under the Plan should also re
SAMPLE NOTICE OF UNAVAILABILITY OF COBRA COVERAGE
[Mr.Former Plan Participant 123 No Healthcare lane City, STATE 92213]
[Enter date]
Dear [enter name of covered former employee, spouse and/or children]:
This notice contains important information about COBRA continuation health coverage under the [name of Plan Sponsor]'s health plan (the "Plan"). Please read this notice carefully. Other family members covered by Plan (listed above, if any) should also review this letter..
Under COBRA, a temporary continuation of group health coverage is available to employees and their spouses and dependents enrolled in the Plan on the day before certain "qualifying events" (such as termination of a covered employee's employment).
The Plan Administrator recently received your request of continued health insurance. The Plan Administrator has reviewed your request and determined your request for enrollment in COBRA health coverage cannot be granted because:
Accordingly, all group health coverage provided by the Plan will end __ / __ / ____. The Plan will not pay any claims for benefits incurred after that date.
You may request a review of this decision by the Plan Administrator. If you appeal, submit any new information you have to support your position. Your request must be submitted in writing no later than __ days of the date of this notice to the address above.
More info about your rights under COBRA are available from the U.S. Department of Labor's Employee Benefits Security Administration (EBSA) office in your area or by visiting the EBSA Web site,www.dol.gov/ebsa.
If you have any questions regarding this notice, please contact [enter name and telephone number].
Sincerely,
[Name] [Title]
this notice.
Under COBRA, a temporary continuation of group health coverage is available to employees and their spouses and dependents enrolled in the Plan on the day before certain "qualifying events" (such as termination of a covered employee's employment).
The Plan Administrator recently received your notice requesting___________________________________________________________________
The Plan Administrator has carefully reviewed your request and determined that your request for enrollment in COBRA health coverage or your request for an extension of the maximum coverage period available under COBRAcannot be granted because __________________________________________________________
All group health coverage provided by the Plan will end __ / __ / ____. The Plan will not pay any claims for benefits incurred after that date.
You may request an appeal of this decision by the Plan Administrator. When you do, submit new information to support your position that you qualify for COBRA. Your appeal must be submitted in writing within ____ days of the date of this notice to the address above.
More info about your rights under COBRA and other laws affecting group health plans is available from the U.S. Department of Labor's Employee Benefits Security Administration (EBSA) office in your area or by visiting the EBSA Web site, www.dol.gov/ebsa.
If you have any questions regarding this notice, please contact us at ___- ___- ____
Craig Casey is an Writer, Coach, Blogger, Husband, and Former Health Insurance Agent helping people on the web since 1999 with their health insurance problems.
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