COBRA DEADLINE EXTENSIONS DUE TO COVID-19 UPDATE

We previously provided you with information about the COVID-19 extended deadlines for electing COBRA, making COBRA payments, notifying of certain events, submitting certain claims, and appealing benefit determinations. It has been determined that you are still within the COVID-19 extended deadline period and should be aware that the extended deadlines will end soon. Please review this information carefully.

Deadline Extension

Because of the COVID-19 pandemic, you have additional time to elect COBRA, make payments, notify for certain events, submit certain claims, and appeal benefit determinations. For purposes of determining certain benefit deadlines, periods disregarded (the Outbreak Period) are from March 1, 2020, until the earlier of (1) one year from the date the individual was first eligible for relief, or (2) 60 days after the announced end of the COVID-19 National Emergency, or such other date announced by government agencies.

Congress and the President have ended the COVID-19 National Emergency on April 10, 2023. Barring additional guidance, the government agencies have indicated that for purposes of ending the extended deadlines, the date is May 11, 2023, ending the Outbreak Period on July 10, 2023 (60 days after May 11, 2023). In the future, the period of time that is disregarded for determining your deadlines is the earlier of (a) one year from the date you were first eligible for relief, or (b) July 10, 2023. Below is information to help you determine your deadlines affected by COVID-19.

Temporary Extended COBRA Timeframes

The following COBRA timeframes have been temporarily delayed due to the COVID-19 pandemic.

  • The deadline for electing COBRA – the normal deadline to elect COBRA is 60 days after the COBRA enrollment package is mailed to you. The COVID-19 deadline is extended to 60 days after the earlier of 1) September 8, 2023 (60 days after July 10, 2023), or 2) one year from the date the COBRA qualifying event election form was previously mailed to you.  However, your deadline will not be earlier than the normal deadline indicated in the COBRA Continuation Coverage and other Health Coverage Alternatives notice previously mailed to you.
  • The deadline for making the initial COBRA premium payments to maintain coverage – the normal deadline to make the initial COBRA payment is 45 days after you elect COBRA. The COVID-19 deadline is extended as follows:
    • If COBRA is elected within the initial 60-day COBRA election timeframe – the deadline is extended to the earlier of 1) August 24, 2023 (45 days after July 10, 2023), or 2) one year from the normal COBRA premium payment due date. However, your deadline will not be earlier than the normal deadline indicated in the COBRA Continuation Coverage and other Health Coverage Alternatives notice previously mailed to you.
    • If COBRA is elected after the initial 60-day COBRA election timeframe – the deadline is extended to the earlier of 1) August 24, 2023 (45 days after July 10, 2023), or 2) 105 days plus one year from the date the COBRA enrollment packet was mailed to you. However, your deadline will not be earlier than the normal deadline indicated in the COBRA Continuation Coverage and other Health Coverage Alternatives notice previously mailed to you.
  • The deadline for making subsequent COBRA premium payments to maintain coverage is the earlier of 1) August 9, 2023 (30 days after July 10, 2023), or 2) one year from the original COBRA premium payment due date. However, your deadline will not be earlier than the normal deadline indicated in the COBRA Continuation Coverage and other Health Coverage Alternatives notice previously mailed to you.

PLEASE NOTE: While this relief grants extended timeframes to elect and pay for coverage, your insurance will not be reinstated until monthly premiums have been paid on time, as described in your COBRA notice previously mailed to you. Once you make your payments, the coverage will be retroactively reinstated, and retroactive payments for benefits and services you incurred during this time will be paid. If you have an immediate need for coverage, you should consider enrolling and paying your premiums before these extended timeframes expire. 

Other Deadlines

In addition to the COBRA deadlines mentioned above, there are other COVID-19 deadlines impacted by the new guidance.

  • HIPAA Special Enrollment Events Notification Requirements:
  1. Addition of dependent through birth/adoption/marriage or loss of health coverage of employee/dependent (30-day notification requirement) – you must notify us of this event no later than the earlier of 1) August 9, 2023 (30 days after July 10, 2023), or 2) one year after the original 30-day deadline.
  2. Termination of Medicaid/CHIP or eligibility for premium assistance (60-day notification requirement) – you must notify us of this event no later than the earlier of 1) September 8, 2023 (60 days after July 10, 2023), or 2) one year after the original 60-day deadline.
  • COBRA Qualifying Events:
  1. Divorce or legal separation (60-day notification requirement) – you must notify us of this event no later than the earlier of 1) September 8, 2023 (60 days after July 10, 2023), or 2) one year after the original 60-day deadline.
  2. Child reaching maximum age of coverage (60-day notification requirement) – you must notify us of this event no later than the earlier of 1) September 8, 2023 (60 days after July 10, 2023), or 2) one year after the original 60-day deadline.   
  • Disability Notifications (60-day notification requirement) – you must notify us of this event no later than the earlier of 1) September 8, 2023 (60 days after July 10, 2023), or 2) one year after the original 60-day deadline. The disability rules are complicated, so contact Mercer Marketplace/TRI-AD if this applies to you. 
  • Claims and Appeals – you also have a longer period to submit certain claims and appeal benefit determinations. The period that is disregarded for purposes of determining your deadlines is the earlier of 1) July 10, 2023, plus the claims and appeals deadlines, or 2) one year from the date of the original deadline. For example, if the appeal deadline is 180 after the denial, the extended deadline is the earlier of 1) January 6, 2024 (180 days after July 10, 2023), or 2) one year from the date of the original deadline. The deadlines vary, so refer to your Summary Plan Descriptions or other plan documents and contact the appropriate parties that administer these benefits for additional information.  

Please note that in no event will the deadlines above be earlier than the normal deadlines indicated in the COBRA Continuation Coverage and other Health Coverage Alternatives notice that was previously sent to you.

Examples

  • COBRA election – if you terminated employment and a COBRA qualifying event enrollment package was mailed to you on July 1, 2022, the original election deadline was 60 days after this date, August 30, 2022. However, this deadline has been extended due to COVID-19. Your deadline to elect COBRA is August 30, 2023, which is the earlier of:
    1. August 30, 2023 (one year from the original deadline); or
    2. September 8, 2023 (60 days after July 10, 2023).
  • COBRA election in 2023 – if you terminate employment and a COBRA qualifying event enrollment package was mailed to you on June 15, 2023, the normal election deadline is 60 days after this date, or August 14, 2023. However, this deadline has been extended due to COVID-19. Your deadline to elect COBRA is September 8, 2023, which is the earlier of:
    1. August 14, 2024 (one year after the normal deadline), or
    2. September 8, 2023 (60 days after July 10, 2023).
  • Marriage notification – if you were married on November 15, 2022, the original deadline to notify the plan administrator was January 14, 2023 (60 days after marriage). However, this deadline has been extended due to COVID-19.  Your deadline is September 8, 2023, which is the earlier of:
    1. January 14, 2024 (one year from the original deadline); or
    2. September 8, 2023 (60 days after July 10, 2023).

Please contact us by email at mycobrabenefits@tri-ad.mercermarketplace365.com or by phone at 866-268-0142 for information regarding your individual deadline date(s).

For all events listed above occurring after July 10, 2023, the deadlines will be based on the deadlines discussed in the COBRA Continuation Coverage and other Health Coverage Alternatives notice we previously sent you.

You may have the opportunity to obtain coverage through the Health Insurance Marketplace in your state. For more information, please visit Healthcare.gov, and for state marketplace information, visit https://www.healthcare.gov/marketplace-in-your-state/.

Additional Information 

DEPARTMENT OF LABOR’S COVID-19 FAQs: 

https://www.dol.gov/agencies/ebsa/about-ebsa/our-activities/resource-center/faqs/aca-part-58

https://www.dol.gov/sites/dolgov/files/EBSA/about-ebsa/our-activities/resource-center/faqs/covid-19.pdf

 

CONTACT INFORMATION:

Mercer Marketplace Participant Services representatives are available Monday through Friday 8 am to 9 pm ET.
Phone:  (866) 268-0142
Fax:        (844) 791-8319
Web:      www.yourflexbenefits.mercermarketplace365.com
Email:    mycobrabenefits@tri-ad.mercermarketplace365.com