You don't have to pay the cost of the coverage for terminated employees, but you must keep them on your health plan for a certain period of time at the same rates as other employees. How Can I Get Them To Reinstate It? The IRS allows an employer a 30-day grace period to correct a violation that was due to negligence or was accidental. A. A court can impose on an employer a penalty of up to $110 a day for failure to provide that COBRA notice. The IRS is authorized to assess an excise tax penalty for an employer’s failure to follow COBRA guidelines. ... My Employer Cancelled My Cobra Because I Was Late With My Payment. If the insurance carrier or stop-loss provider refuses to provide COBRA coverage, the employer is still responsible for providing the election notice. What kinds of penalties or liability does an employer face if it fails to provide notice of COBRA coverage upon termination of an employee? Q. COBRA coverage could end if your former employer goes out of business or discontinues business operations. COBRA coverage could end if your former employer goes out of business or discontinues business operations. In a recent decision of the U.S. Court of Appeals for the Second Circuit, the court affirmed the dismissal of a former employee’s claim for penalties against an employer who failed to provide the COBRA notice. However, the employer needs to be aware that if the qualified beneficiary elects COBRA and incurs covered expenses, the employer will be responsible for self-funding those claims. COBRA (Consolidated Omnibus Budget Reconciliation Act of 1985) is a federal law that requires employers of 20 or more employees who offer health care benefits to offer the option of continuing this coverage to individuals who would otherwise lose their benefits due to termination of employment, reduction in hours or certain other events. If you have more than 20 employees and you offer company-paid health plan coverage, you must offer COBRA coverage to employees who are terminated.

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