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Guidance Issued on Implementation of ARPA COBRA Premium Subsidy | Saul Ewing Arnstein & Lehr LLP

To embed, copy and paste the code into your website or blog: Group health continuation coverage under the Consolidated Omnibus Reconciliation Act of 1985 (“COBRA”) permits certain group health coverage to be continued by participants and beneficiaries (“qualified beneficiaries”) when coverage is lost due to certain “qualified events,” such as termination of employment or a reduction of hours.  Under Section 9501 of the American Rescue Plan Act of 2021 (“ARPA”), an “assistance eligible individual” (“AEI”) is not required to pay the cost of COBRA coverage (“COBRA Subsidy”) for the period beginning April 1, 2021 through September 30, 2021 (“Subsidy Period”). The Employee Benefits Security Administration has issued guidance, including Frequently Asked Questions (“FAQs”) and Model Notices related to the COBRA Subsidy. Employers offering COBRA are required to provide the COBRA Subsidy to any AEI, which they then can recoup through a payroll tax credit

COBRA subsidy could impact many employers

COBRA subsidy could impact many employers The latest COVID relief package (the American Rescue Plan Act of 2021, “ARPA”) includes a COBRA subsidy that could affect many employers. The ARPA subsidy generally requires employers to cover 100% of the cost of COBRA continuation coverage for up to six months between April 1, 2021, and September 30, 2021 (the “Subsidy Period”). These premium amounts are then reimbursable via refundable payroll tax credit. This subsidy is not universally available, but generally applies under rules similar to the standard COBRA rules. It applies for individuals who lose coverage under a covered employer’s health care plan due to involuntary termination or reduction of hours. Similar to the standard COBRA rules, it does not apply when an employee voluntarily quits, or if an employee is fired for gross misconduct. In addition, it is purely a monetary subsidy and does not otherwise extend the length of the applicable COBRA period.

Tax-Free COBRA Subsidy in ARPA

Tax-Free COBRA Subsidy in ARPA
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