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ARTICLE · 15 MAY 2014

New COBRA Notices May Require Document Updates

Earlier this month, the United States Department of Labor issued two updated COBRA notices.

United StatesEmployment and HR

Earlier this month, the United States Department of Labor (DOL) issued two updated COBRA notices—a revised model general COBRA notice and a new model COBRA election notice—and proposed regulations that would allow the DOL to publish updated model notices on its website. Thus, employers should consider using these revised notices and monitor further notice updates. In addition, the issuance of these new notices may serve as an impetus for employers to review and update other documents that contain COBRA notices or a discussion of COBRA rights.

Notices Reflect ACA Health Insurance Marketplace

These notices were revised to inform recipients that they may choose to purchase medical coverage through the newly created Health Insurance Marketplace, put in place through the Patient Protection and Affordable Care Act (ACA), instead of electing to continue medical coverage through COBRA. Employers are not required to use the model COBRA notices and may craft their own

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