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

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

Product Code: YEWA062320A

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COBRA Notice Pitfalls: 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: Attendees will come away with clear and practical guidance on what they should and shouldn’t do to provide sufficient COBRA notices, and how to avoid possible legal issues related to deficient notices.


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 reportedly 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 important webinar designed to teach you the ins and outs of COBRA notice requirements so you can minimize your organization’s legal risks.

At the conclusion of this program, participants will be able to:

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

About Your Presenters

Steven Mindy

Steven Mindy, Esq.

 Steven Mindy, Partner at Katten in the Washington, D.C. office, not only understands the ins and outs of employee benefit plans, but he knows the delicate balance they strike in the overall health of an organization. Clients turn to him for help navigating issues from group health plans, health savings accounts (HSAs), flexible spending accounts (FSAs), to fringe benefits and legal matters from new technology like mobile devices, apps, and wearables.

With his extensive knowledge of the privacy and security laws that impact benefit plans, including HIPAA's privacy and security requirements, Mindy frequently helps covered entities and business associates comply with breach and security incident notification requirements under HIPAA and other privacy laws.