Form Instructions

Notice of Unavailability (Sample 6)

The Consolidated Omnibus Budget Reconciliation Act of 1985 is a federal law. COBRA allows employees losing employer health plan coverage to continue receiving it through the employer, but at their own expense, generally for up to 18 months.

As a reminder, HMSA is not the employer/plan administrator (plan administrators are typically the employer) and therefore does not distribute COBRA notices required to be furnished by employers/plan administrators. Upon request, however, we can assist with monthly billings, dues collection, and tracking COBRA coverage periods. In addition, please note that the form is for use by single-employer group health plans.

Before using this sample form, you should review and revise it to ensure consistency with your plan’s procedures.

The Department of Labor mandate:
If the employer/plan administrator determines that an individual is not eligible for COBRA continuation coverage, or extended COBRA continuation coverage after the occurrence of a second qualifying event, the employer/plan administrator must notify the affected individual of this within 14 days after receiving the election notice.

Instructions for Notice of Unavailability of COBRA Continuation Coverage

  1. Enter the name and address of the employee, spouse or dependent.
  2. Enter the date notice was received from the employee, spouse or dependent.
  3. Enter the name of the group health plan.
  4. Enter the qualifying event or second qualifying event (e.g., divorce, legal separation, cessation of dependent status, disability determination).
  5. Insert either "extended continuation coverage" (if request is for coverage pursuant to a second qualifying event or disability determination) or "continuation coverage" (if request is for an initial qualifying event).
  6. Enter the name of the individual and/or dependent(s).
  7. Enter the reason coverage is not available, including any plan provisions, facts and/or COBRA provisions that form the basis of the decision.
  8. Enter either “extended continuation coverage” or "continuation coverage", consistent with item 5 above.
  9. Enter the date COBRA coverage terminated or will terminate.
  10. Enter plan contact information as indicated.
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