Employer Alert! Regulators Make Big Changes to Benefit Plan Notice and Disclosure Deadlines Due to COVID-19 National Emergency

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The DOL and IRS have issued rules that extend several important benefits deadlines due to the COVID-19 national emergency.  The new rules extend the time frames for COBRA elections, COBRA payments, and HIPAA special enrollments. The DOL also issued Disaster Relief Notice 2020-01 which gives employers some flexibility in the timing of ERISA required disclosures. The extension of COBRA election and payment timelines means that eligible participants will be able to wait to elect COBRA for longer than the normal 60 day election period, and employers will not be permitted to terminate COBRA coverage due to nonpayment for an extended period of time. Deadlines for mid-year election change subject to the HIPAA special enrollment rules are also extended. We were planning to cover Medicare and employee benefits issues in this month’s compliance webinar, but due to these developments we will be covering these important rules instead, and will hold our Medicare webinar at a later date.

BOB RADECKI

President, Benefit Comply, LLC

Bob Radecki has more than 30 years’ experience in the HR and employee benefits industry, helping employers deal with difficult benefit and compliance matters. Previously, Bob founded and served as president of A.E. Roberts Company, a nationally-recognized compliance consulting and training firm. He has served as the principal HIPAA consultant to a number of health insurance companies and is recognized as an expert on a variety of benefit compliance issues including COBRA, FMLA, health reform and more.

REGAN DEBBAN, J.D., MBA

Principal, Benefit Comply, LLC

Regan Debban, a principal at Benefit Comply, LLC, has more than 10 years’ experience in employee benefits as both an attorney and advisor. She provides guidance related to regulatory compliance matters to employers and insurance industry professionals. Her work has included helping employers to navigate and find practical solutions to complicated Affordable Care Act requirements, as well as assisting with other employee benefit compliance issues arising under ERISA, COBRA, Section 125 and HIPAA.