Role of the Federal
Government/More Information
COBRA continuation of
coverage laws are administered by several agencies. The
Departments of Labor and Treasury have jurisdiction with
respect to private-sector group health plans. The
Department of Health and Human Services administers the
continuation of coverage law as it pertains to public
sector (state and local governmental) group health
plans. The Labor Department's interpretive and
regulatory responsibility is limited to the disclosure
and notification requirements of COBRA. If you need
further information on your disclosure or notification
rights under a private sector plan, or about ERISA
generally, write to the nearest office of the Employee
Benefits Security Administration (EBSA). Consult the
"U.S. Government, U.S. Department of Labor" listing in
your telephone directory for the office nearest you or
call toll free 1-866-275-7922 which allows you to
automatically be connected to the nearest EBSA regional
office. Or write to:
U.S. Department of
Labor
Employee Benefits Security Administration
Division of Technical Assistance and Inquiries
Room N-5619
200 Constitution Ave., N.W.
Washington, D.C. 20210
You may also consult the
agency's website at
www.dol.gov/ebsa.
The Internal Revenue
Service (IRS), Department of the Treasury, has issued
regulations on COBRA provisions relating to eligibility,
coverage and premiums in 26 CFR Part 54, "Continuation
Coverage Requirements Applicable to Group Health Plans."
Both the Departments of Labor and Treasury share
jurisdiction for enforcement of these provisions.
The Centers for Medicare
& Medicaid Services (CMS), Department of Health and
Human Services, has advisory jurisdiction with respect
to COBRA as it applies to state and local governmental
employers, their group health plans and employees (42
U.S.C. 300bb-1 through 300bb-8 (title XXII of the Public
Health Service Act), entitled "Requirements for Certain
Group Health Plans for Certain State and Local
Employees"). It is the intent of Congress that any
regulations issued by the Department of Health and Human
Services will conform (in terms of actual requirements)
with regulations issued by the Department of the
Treasury and the Department of Labor. (Conference Report
99-453, page 563, December 19, 1985.) Accordingly, CMS
relies on IRS regulations* and EBSA guidance* to the
extent that the COBRA law with respect to private sector
and public sector COBRA is the same. Information about
COBRA provisions for state and local governmental
employees is available from the:
Centers for Medicare &
Medicaid Services
Private Health Insurance Group
7500 Security Boulevard
Mail Stop S3-16-16
Baltimore, MD 21244-1850
Or you may call
410-786-1565 for assistance. This is not a toll-free
number.
Unlike private sector
COBRA, there is no Federal enforcement authority with
respect to COBRA continuation coverage as it applies to
state and local governmental employers and their group
health plans. Rather, the law provides for a private
cause of action if an individual is denied a COBRA right
under such a group health plan. See
Enforcement.
Federal employees are
covered by a law similar to COBRA. Those employees
should contact the personnel office serving their agency
for more information on temporary extensions of health
benefits. |
