COBRA Compliance Checklist
Are you compliant?
COBRA Compliance Requirements under TAMRA (Technical and Miscellaneous Revenue Act)
□ Proof of COBRA training
□ Written COBRA procedures (manual with instructions)
□ Documentation of program design (when first subject to COBRA) and program updates (through present)
□ Documentation of program monitoring.
Monitoring needs to be done by a qualified, independent third party to pass the TAMRA portion of an IRS audit, all four check marks are necessary COBRA Notifications
□ General Notice (overall mailing required when first subject to COBRA, and a continuous mailing to all new insurance enrollees)
□ Notice from Qualified Beneficiary of events reported to employer (divorce/legal separation or dependent child ceasing to be a dependent
□ Qualifying Event Election Notice
□ Notice of Unavailability
□ Notice from Qualified Beneficiary of extensions reported to the employer (secondary events and disability)
□ Extension Notification (secondary events and disability)
□ Conversion Notification (required if your group health plan has a conversion option)
□ Premium Billing Notice
□ Open Enrollment Notice
□ Notice of Early Termination
□ Notice of Insignificant Premium Underpayment
□ Notice of Plan Changes (open enrollment)
□ Expiration Notice (recommended-not a specific requirement)
□ Disclosure to health care provider
Fourteen check marks indicate a complete COBRA program (New DOL Final Regulations issued May 26, 2004, require updating of all notification language)
Accepting Elections and Premiums
□ Premium billing procedures (optional-not a requirement)
□ Insignificant premium underpayment procedure
□ Complete & accurate disclosure to health care providers
□ Cancellation procedures (voluntary and involuntary)
□ Verification of correct election
Five check marks indicate proper compliance Documentation Systems
□ Documentation of each notice sent
□ Documentation of COBRA dates (29 dates possible per beneficiary)
□ Documentation of notification language updates (1986 to present)
□ Documentation of procedural updates (1986 to present)
□ Documentation of events reported to employer/plan administrator for divorce/dependent events and disabilities
□ Documentation of all oral and written communications with Qualified Beneficiaries