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The Top 10 Mistakes to Avoid to Ensure Compliance and Reduce the Risk of Costly Legal Liability - On-Demand

COBRA Notice Pitfalls: The Top 10 Mistakes to Avoid to Ensure Compliance and Reduce the Risk of Costly Legal Liability - On-Demand

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COBRA Notice Pitfalls: The Top 10 Mistakes to Avoid to Ensure Compliance and Reduce the Risk of Costly Legal Liability - On-Demand

Webinar now available On-Demand.

WEBINAR SNAPSHOT: Learn how to comply with COBRA notice requirements and the most common ways your organization could land in legal hot water if you aren’t careful.

What’s the most litigated issue with respect to COBRA? COBRA notices! And, recently there’s been a significant increase in the number of class action lawsuits alleging that employers haven’t adhered to the federal law’s notice requirements. One such case was just settled for nearly $1 million.

In other words, not complying with COBRA’s notice requirements can have substantial financial consequences. If the plan administrator doesn’t provide the required notice to a qualified beneficiary, that plan administrator could be liable for penalties of up to $110 per day per affected beneficiary. In addition, there is a COBRA excise tax that could apply and amounts to $100 per day for each affected qualified beneficiary. So, if there are systemic deficiencies in how the plan administrator manages COBRA notices, the exposure to costly liability could easily reach hundreds of thousands of dollars—or even into the millions, depending on the number of qualified beneficiaries impacted.

Use this on-demand webinar for an all-new webinar—which will reveal the results of BLR’s new COBRA Notice Survey—designed to teach you the ins and outs of COBRA notice requirements so you can minimize your organization’s legal risks.

You’ll learn:

  • The key points the COBRA notice should cover 
  • The key timing rules that must be adhered to
  • An example of a clear, accurate, and complete COBRA notice 
  • Why explaining a departing employee’s COBRA rights during an exit interview can actually be a bad idea 
  • How to establish ways to prove that a good-faith effort to send a COBRA notice has been made 
  • Why factoring in your rate of turnover and company size is important for ensuring that COBRA notices are sent in a timely manner 
  • COBRA recordkeeping best practices, including how to make the “Mailbox Rule” work for you to reduce potential legal liability 
  • The facts of recently filed lawsuits alleging deficient COBRA notice was provided—and what you can learn from them!

And, as a bonus for registering for this event, you’ll get a complimentary copy of a recent quarterly newsletter from Mandated Health Benefits—The COBRA Guide, which is chock full of tips on how to ensure ongoing COBRA compliance and minimize legal risks.

Plus, you’ll get Model COBRA Continuation Coverage Election and Model COBRA Continuation Coverage General Notices.

About Your Presenter

Paul M. Hamburger, Esq.
Partner & Co-Chair of the Employee Benefits & Executive Compensation Group
Proskauer Rose LLP

Paul M. Hamburger is co-chair of the Employee Benefits & Executive Compensation Group and head of the Washington, DC office at Proskauer Rose LLP. He is also a leader of the Practice Center’s health and welfare subgroup and a member of Proskauer’s Health Care Reform Task Force.

Mr. Hamburger provides technical knowledge and advice to employers on all aspects of their employee benefit programs and advises employee benefit plan trustees and service providers on ERISA and employee benefit plan-related matters. He has extensive experience in negotiating service provider and outsourcing agreements. He frequently represents clients before government regulatory agencies, including the Internal Revenue Service, Department of Labor and Pension Benefit Guaranty Corporation.

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