Obama Signs COBRA Subsidy Extension

Con­gress sent a $636 bil­lion defense mea­sure to the pres­i­dent last Sat­ur­day, Decem­ber 20, 2009; Obama signed it into law.  With the stroke of a pen, the pop­u­lar COBRA sub­sidy was enhanced and extended.  Don’t you just love how lit­tle one has to do with the other?

Laid-off work­ers wor­ried about mak­ing their COBRA pay­ments are breath­ing a lit­tle easier.

The COBRA sub­si­dies, which helped make con­tin­u­a­tion health care cov­er­age more afford­able for invol­un­tar­ily ter­mi­nated work­ers, were set to expire on Dec.  31.  Under the exten­sion most eli­gi­ble work­ers will be able to ben­e­fit from the sub­si­dies through Feb.  28, 2010.

The Con­sol­i­dated Omnibus Bud­get Rec­on­cil­i­a­tion Act (COBRA) allows work­ers to stay on their employ­ers’ health insur­ance plans after they’ve been ter­mi­nated if they keep up the pre­mium pay­ments.  The 65% sub­si­dies were orig­i­nally enacted in Feb­ru­ary 2009 as part of the eco­nomic stim­u­lus law known as the Amer­i­can Recov­ery and Rein­vest­ment Act (ARRA).  That meant if a laid off worker had fam­ily cov­er­age with a COBRA pre­mium of $800, their for­mer employer would pick up 65% the tab ($520), and the fam­ily would pay the other 35% ($280). For many laid off work­ers this sub­sidy meant the dif­fer­ence between hav­ing health cov­er­age and not hav­ing health coverage.

The new legislation:

  • Expands the max­i­mum sub­sidy period from 9 months to 15 months and includes peo­ple cur­rently receiv­ing the subsidy.
  • Extends the qual­i­fy­ing time dur­ing which work­ers must have been laid off; now it’s extended through Feb.  28, 2010.
  • Pre­vi­ously, if work­ers had been laid off in Decem­ber 2009 but weren’t eli­gi­ble for COBRA cov­er­age until Jan­u­ary 2010, they wouldn’t have been eli­gi­ble for the sub­si­dies at all.  This law closes that cov­er­age hole, now these laid off work­ers are eligible.
  • Extends cov­er­age for peo­ple who had already used up 9 months of sub­sidy eli­gi­bil­ity under the orig­i­nal leg­is­la­tion.  If a laid off worker retroac­tively pay back for COBRA cov­er­age dur­ing the lapsed months they can qual­ify for the extended coverage.
  • Requires plan admin­is­tra­tors to notify eli­gi­ble for­mer employ­ees of the sub­si­dies’ availability.

The law does not change other rules regard­ing COBRA or the sub­sidy, which means HR depart­ments may also breathe a sigh of relief as they do not have to untan­gle the logis­ti­cal night­mare that would have resulted from the expi­ra­tion of the orig­i­nal subsidy.

As always, small busi­ness ser­vices and tax­a­tion are our busi­ness.  If you need help Please give Art & Busi­ness Con­sult­ing a call.  We would love to engage you as a client.

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