COBRA Election Notice Failure Underscores Need for Mailing Address Procedures | Practical Law
In a dispute involving alleged violations of notice requirements under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), a district court addressed the respective liabilities of a self-funded health plan's third-party administrator (TPA) and its employer/plan sponsor for providing a COBRA election notice. The court concluded that the employer could not disclaim liability for providing the election notice to a plan participant at the correct address merely because it had contracted with the TPA to provide COBRA notices.