The Department of Labor (DOL), the DOL Employee Benefits Security Administration, and the Department of the Treasury (the “Agencies”) recently released guidance to provide relief for certain COBRA deadlines during the COVID-19 Outbreak Period. These deadlines are disregarded from March 1, 2020 until 60 days after the national emergency ends (official date yet to be determined).

Yes, as of March 1, 2020 and throughout the “Outbreak Period”, deadlines are disregarded. As a reminder, these extensions do not apply to deadlines ending prior to March 1, 2020. For example, the following deadline expirations would still apply:

• Cancellations for non-payment of the January 2020 premium (deadline date: January 31, 2020);

• COBRA elections that must be made on or before February 29, 2020 (deadline date: 60 days from the date the notice was first mailed or loss of coverage date, whichever is later)

We will not know the exact date until the federal government declares the COVID-19 national emergency has ended. Any days during the “Outbreak Period” are disregarded.

While you cannot be denied from receiving treatment, you may be expected to pay out-of-pocket and then file for reimbursement once your premium payment is made. It is not clear whether an insurer may decide to suspend coverage until you pay the COBRA premium and then reinstate your coverage once your back-premium(s) for those periods are made.

The current guidance does not specify eligibility requirements for qualified beneficiaries to receive this relief.

Yes, you can use HSA funds to pay COBRA premiums. Transaction fees may apply.

Employers are required by law to provide the COBRA General Rights Notice to you and all individuals enrolled in the company’s health plan. This requirement informs you of your rights under COBRA law and explains how you can enroll in COBRA if needed. The notice does not require any action from you.

You have 60 days to elect COBRA coverage, from the date the notice was first mailed or loss of coverage date, whichever is later. You also have 45 days from the date you enrolled in COBRA to pay the first premium. These deadlines are disregarded from March 1, 2020 until the end of the Outbreak Period.

Dependents added to your COBRA coverage during OE will receive the same payment deadline extensions as you, the qualified beneficiary. However, such dependents would not be qualified beneficiaries for purposes of eligibility for Social Security disability or multiple qualifying event extension deadlines irrespective of the DOL relief.

The guidelines don’t exclude plans added during OE so they should be eligible.

No, we will send written notification that there is no COBRA election on file. You will be required to make a COBRA election before any OE for subsequent plan years can be processed. Also, be advised that both an election of COBRA coverage for the current plan year and payment of all prior coverage periods must be made before coverage will be effective with the insurer(s) for the subsequent plan year. In other words, you, the qualified beneficiary, still in the original COBRA election period, cannot effectively have continuation coverage applied prospectively.