Employee Benefits Security Administration (EBSA)

The American Recovery and Reinvestment Act of 2009 contains COBRA premium assistance provisions that expand COBRA eligibility and provide eligible individuals with a 65% reduction of their COBRA premiums for up to 9 months.

If eligible, these individuals pay only 35 percent of their COBRA premiums
to the plan and the remaining 65 percent is paid by the employer through a payroll tax credit.

Section 3001(a)(5) of the American Recovery and Reinvestment Act of 2009, Public Law 111-5 Stat.

123 allows individuals who have been denied COBRA premium assistance by their ERISA-covered group health plans to seek expedited review of the denials from the Secretary of Labor.

The Act further directs the Secretary to (1) develop and issues models notices to be used by group health plans to notify terminating employees of their rights under COBRA and potential right to the premium assistance; (2) Conduct an aggressive outreach and education effort to educate plan participants and plan administrators about these new provisions and (3) to establish a process for the individuals who have been denied the COBRA Premium Assistance to seek the Secretary s expedited review.

The Secretary is required to make a determination of an individual s eligibility within 15 business days after receiving an application for review.

The Employee Benefits Security Administration has been delegated the responsibility and authority for making these determinations and has established an adjudication process to review these applications.

Agency - Department of Labor

The Department of Labor fosters and promotes the welfare of job seekers, wage earners and retirees by improving their working conditions, advancing their opportunities, protecting their retirement and health benefits and generally protecting worker rights and monitoring national economic measures.



Program Accomplishments

Not Applicable.

Uses and Use Restrictions

Individuals denied the COBRA Premium Assistance made available under the American Recovery and Reinvestment Act may seek an expedited review of that denial by the Secretary of Labor.

Individuals denied COBRA Premium Assistance Assistance made available under the American Recovery and Reinvestment Act may seek an expedited review of that denial by the Secretary of Labor.

Eligibility Requirements

Applicant Eligibility

Individual/Family: Health/Medical

Beneficiary Eligibility

Individual/Family

Credentials/Documentation

Applicants must complete the Application to the Department of Labor for Expedited Review of Denial of COBRA Premium Reduction and submit relevant documentation. This program is excluded from coverage under OMB Circular No. A-87.

Aplication and Award Process

Preapplication Coordination

Preapplication coordination is not applicable.

Environmental impact information is not required for this program.

This program is excluded from coverage under E.O.

12372.

Application Procedures

This program is excluded from coverage under OMB Circular No. A-102. This program is excluded from coverage under OMB Circular No. A-110. Applications may be mailed to Department of Labor, EBSA, Attn: COBRA Appeals, PO Box 78038, Washington, DC. 20013-8038 or filed electronically at http://www.dol.gov/ebsa/COBRA.

Award Procedures

Not applicable.

Deadlines

Not Applicable.

Authorization

American Recovery and Reinvestment Act of 2009, Public Law 111-5 Stat. 123, Section 3001(5). Section 3001(a)(5) of the American Recovery and Reinvestment Act of 2009, Public Law 111-5 Stat. 123 , Section 3001, Public Law 111-5.

Range of Approval/Disapproval Time

From 1 to 15 days.

Appeals

Not Applicable.

Renewals

Not Applicable.

Assistance Considerations

Formula and Matching Requirements

This program has no statutory formula.This program has no matching requirements. This program does not have MOE requirements.

Length and Time Phasing of Assistance

Not applicable. See the following for information on how assistance is awarded/released: No information provided.

Post Assistance Requirements

Reports

Audits

No audits are required for this program.

Records

Not applicable.

Financial Information

Account Identification

16-1700-0-1-601 - TAFS: 169/0/1700.

Obigations

(Insurance) FY 08 $0; FY 09 est $5,925,000; FY 10 est $3,780,000

Range and Average of Financial Assistance

Not applicable.

Regulations, Guidelines, and Literature

Copies of the final regulations, proposed regulations, and other directives are available from the national office or on EBSA"s website at www.dol.gov/ebsa.COBRA. Certain audio-visual materials also are available for hearing-impaired audiences. EBSA publishes a variety of free publications directed to employers and participants which can be obtained from its website and its publication hotline at 1-866 444-EBSA (3272)

Information Contacts

Regional or Local Office

None.

Headquarters Office

Gloria Della/DOL/EBSA 200 Constitution Ave., NW
Room N5623, Washington 20210 Phone: 1-866-444-3272

Criteria for Selecting Proposals

Not Applicable.



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