How are individuals who may be eligible for the subsidy going to be notified?
• The notice of COBRA continuation currently required must now contain additional information. Within 30 days of the enactment of the Act, the Department of Labor (DOL) is required to provide a new model COBRA notice that will include the additional information. • In addition, either the above notice or a stand-alone special election COBRA notice must be provided within 60 days of the law’s enactment to all individuals who have become eligible for COBRA since Sept. 1, 2008. • Violations of the new notice requirements will be considered a violation of the existing COBRA notice requirements (and subject to the same penalties). • The notice must be provided by employers (for insured and self insured group plans that are subject to federal COBRA laws) and multiemployer plans (for multi-employer plans). It is not yet clear who has responsibility to provide the notice to employees eligible for state continuation coverage that is comparable to federal COBRA. The DOL, Treasury, and Health and
