Issue 6

Consequences of COBRA Non-Compliance

COBRA is enforced by the Internal Revenue Service (IRS), the U.S. Department of Labor (DOL), and the Department of Health and Human Services (HHS). Last month, we reviewed the specific continuation coverage notice procedures and deadlines set forth by COBRA law. Failure to meet COBRA requirements can affect not only the former employees and their family members, but also you, the employer, and can result in fines and penalties.

What are some common COBRA mistakes made by employers?

According to the IRS some of the most common COBRA administration mistakes are failing to:

  • Give a general notice to new employees.
  • Recognize a qualifying event.
  • Give an election notice to qualifying beneficiaries.
  • Word COBRA notices in accordance with DOL regulations.
  • Offer open enrollment.
  • Document when notices were sent.

What are the penalties?

A violation is anything that can cause a company to fall out of compliance with COBRA regulations. According to the government regulations, plans that violate COBRA's provisions may be subject to the following penalties:

  • IRS Penalty: a non-deductible excise tax of $100 per day, per violation ($200 if more than one family member is affected), for each day of non-compliance.
  • ERISA Penalty: a statutory penalty of up to $110 per day, per violation, for each day of non-compliance.
  • Payment of claims incurred during non-compliance period.
  • Word COBRA notices in accordance with DOL regulations.
  • Civil lawsuits.
  • Attorney fees.

COBRA mistakes are costly. Penalties and legal fees can be significant. With proper COBRA administration practices in place, these types of mistakes can be avoided. UPMC Benefit Management Services may help alleviate these issues by providing you with worry-free, cost-effective COBRA administration.

More information regarding COBRA regulations and non-compliance


Multiple Spending Accounts and Debit Cards

One of the benefits of UPMC Consumer Advantage is the ability to have access to multiple accounts on one debit card. When the debit card is used, funds are withdrawn from the appropriate account depending on the type of expense that was incurred.

For example, a member can have both a healthcare flexible spending account and a commuter parking account with UPMC Consumer Advantage. If the member uses the debit card at a doctor’s office, the card will automatically withdraw funds from the member’s healthcare flexible spending account to pay the doctor. If the member used the same card at a parking garage they use for work, the card would withdraw funds from their commuter parking account.

When enrolling with UPMC Consumer Advantage, at the employer’s request, the following accounts can be linked with the UPMC Consumer Advantage debit card: healthcare flexible spending, health savings, health reimbursement, health incentive, dependent care, commuter parking, and transit accounts.

Employers can also decide on the funding order of the accounts when debit card transactions occur. When considering the funding order for healthcare expenses, usually employee funded healthcare flexible spending accounts apply first and employer funded health reimbursement and health incentive accounts follow.