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2009 Recovery Act - DOL Issues Guidance to Appeal COBRA Subsidy Denials

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May 27, 2009

The American Recovery and Reinvestment Act of 2009 (ARRA) required the Department of Labor (DOL) and the Internal Revenue Service (IRS) to issue regulations and further guidance related to eligibility for and application of COBRA Subsidy. On May 21, 2009, the DOL posted on its website guidance with respect to the review of denials of COBRA Subsidy.

Private Sector Employees - Individuals who are entitled to COBRA continuation coverage in connection with a health plan sponsored by a private sector employer, and believe they are eligible for the COBRA Subsidy but were denied the subsidy, may request a review of the denial to the DOL by following the instructions provided in its website. The application for review may be faxed, mailed or completed and submitted online, by following the instructions provided by the DOL.

Public Sector Employees - Individuals whose continuation coverage is provided through a Federal, State or local government plan, or via State insurance law, must request the review of the denial of the subsidy to the Department of Health and Human Services. However, the Department of Health and Human Services has yet to issue guidance regarding the process for review of denials.

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