Most notably, the FAQs provided or confirmed the following:
The guidance is clear that administrators must send COBRA subsidy notices for individuals with qualifying events that occurred before April 1, 2021, giving them a second chance to elect COBRA, by May 31, 2021. The guidance does not specifically address the deadline to send updated COBRA election notices describing the subsidies for individuals with qualifying events on or after April 1, 2021 except to state that the existing requirements for the timing of COBRA notices continue to apply. Thus, it appears that regular 44-day (when the employer is the administrator) COBRA election notice deadline applies and that COBRA notices will need to be updated by this date. It would be helpful, however, if DOL would also provide that an administrator is not required to send any COBRA election notice describing the subsidies until at least May 31, 2021 because, as a practical matter, administrators may need until May 31, 2021 to get the new notices out. Also, the likelihood of adverse consequences for taking a maximum of two additional weeks to send notices seems quite low, particularly because the qualified beneficiary would still have 60 days after the date of the notice to make his/her election.