Are EA Services Covered Under COBRA/ERISA?
Whether EA services are covered under ERISA and COBRA has been an ongoing question. The answer is complex for several reasons, including the variation in design of EA programs and the range of services offered to both employers and employees under the employee assistance program umbrella. Of the seven EAP Core Technology Functions, four of them (#1,5,6,7) clearly do not fall under the definition of group health plan or medical care. The other three reasonably could be considered, at least in part, to include medical care or not, depending on the particular services/design associated with each function. Some EA programs limit themselves to non-medical categorical assessments; others provide formal diagnoses. Some EA programs offer assessment and referral to assistance only; others provide varying numbers of counseling sessions. In almost every EA program, problems other than diagnosable medical problems (e.g. financial, legal, childcare or eldercare referrals, issues of daily living) ar
