Live Webinar

65-minute live streaming program
  • May 15
  • 1:00 - 2:05 pm EST

Also available as:

OnDemand Course

COBRA Compliance: Employer Tips From Audit Guidelines and Class Action Litigation

May 15

Understand the risks associated with COBRA compliance and the most common mistakes made.

The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) requires employers’ group health plans to provide certain employees and their family members the right to temporarily continue health coverage under the plan at group rates. This topic will help you comply with COBRA by understanding which of your employees are eligible for COBRA rights when they become eligible for COBRA and what happens if an employee elects COBRA continuation coverage. Further, COBRA has significant penalties associated with non-compliance including the threat of damages from successful litigation. Recent years have seen a barrage of COBRA litigation including class action lawsuits alleging that group health plan continuation coverage election notices (required by COBRA), are deficient in one or more respects. While this litigation may sometimes seem trivial, courts have been reticent to dispose of them in a summary manner, e.g., by failing to certify the class. Once a class is certified, a defendant company faces the prospect of a long and costly defense. In March 2012, the IRS released a publication titled ‘Audit Techniques and Tax Law to Examine COBRA Cases.’ This publication signifies increased audit activity on COBRA compliance and can also be utilized as a tool to ensure COBRA compliance. COBRA compliance is complicated and places much risk on employers who cannot ensure they are compliant. This topic is necessary to help employers understand the risks associated with COBRA compliance, what it means to be compliant with COBRA, the most common mistakes that are made, and how to avoid litigation and IRS audits by ensuring compliance

Learning Objectives

  • You will be able to discuss Employer COBRA requirements including the notice and timing requirements that make COBRA compliance so complicated.
  • You will be able to explain how to use the IRS COBRA Audit Guidelines as a preemptive strike to audit and to self-audit to ensure compliance.
  • You will be able to identify multiple courses of action that can be utilized to ensure COBRA compliance and avoid COBRA litigation.
  • You will be able to review the penalties that can apply for failure to comply with COBRA including all the damages possible following successful litigation.

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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Common COBRA Compliance Issues
  • Notice Requirements
  • Timing Requirements
  • Why Is It so Easy to Make Mistakes?
COBRA Penalties
  • What Are the Penalties?
  • What Is Recoverable?
  • What If a Participant Is Improperly Denied COBRA Coverage?
IRS COBRA Audits and Guidelines
  • IRS 2012 Audit Guidelines
  • Updates to the Audit Guidelines
  • IRS COBRA Audit Initiative
Recent COBRA Litigation
  • Different Types of Cobra-Related Litigation
  • Important Recent Cases
  • Lessons to Learn/How to Avoid Class Action Litigation
Employer Tips to Avoid COBRA Litigation or an IRS Audit
  • Compliance Tips
  • Self-Audit
  • How to Avoid Litigation
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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

Live Webinar Registration

  • ASA 1.0
     
  • This program qualifies for 1.0 continuing education hour(s) towards maintaining your ASA credential. Please contact ASA for more information at [email protected]. Please retain proof of attendance in the event your CE record is audited.
     
  • AK CLE 1.0
     
  • Alaska attorneys may receive 1.0 hours of continuing legal education, including hours of ethics credit for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.1
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.1 hours credit.
     
  • AR CLE 1.0
     
  • This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.0
     
  • The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.0
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
     
  • CT CLE 1.0
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
     
  • HI CLE 1.0
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 VCLE credit hours.
     
  • IL CLE 1.0
     
  • This course was approved for a total of 1.0 hours of MCLE Credit by the Illinois MCLE Board.
     
  • IN CLE 1.1 (Pending)
     
  • This program has been submitted to the Indiana Commission for Continuing Legal Education for Distance Education for participating attorneys. Application Pending.
     
  • MN CLE 1.0 (Pending)
     
  • This program has been submitted to the Minnesota Board of Continuing Legal Education. Approval pending.
     
  • MO CLE 1.3 (Pending)
     
  • ND CLE 1.0 (Pending)
     
  • This program has been submitted to the North Dakota Commission for Continuing Legal Education. Application pending.
     
  • NH MCLE 1.0
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 60 Minutes.
     
  • NJ CLE 1.3
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.3 hours of total CLE credit.
     
  • NM CLE 1.0
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.0 hours of credit, including hours of ethics/professionalism credit.
     
  • NV CLE 1.0
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.0 CLE hours.
     
  • NY CLE 1.0 including Areas of Professional Practice 1
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.0 credit hours in the area(s) of Areas of Professional Practice for 1.00 hour. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • OH CLE 1.25 (Pending)
     
  • This course has been submitted to the Supreme Court of Ohio Commission on Continuing Legal Education for 1.25 CLE hours. Approval pending.
     
  • PA CLE 1.0
     
  • This program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.0
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
     
  • VA CLE 1.0 (Pending)
     
  • This program has been submitted to the Virginia Mandatory Continuing Legal Education Board for 1.0 CLE credit hours.
     
  • VT CLE 1.0
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hours of CLE credit.
     
  • WI CLE 1.0
     
  • This program has been approved by the Board of Bar Examiners for 1.0 hours for use toward the Wisconsin Mandatory CLE requirement.
     
  • WV MCLE 1.3
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.3 MCLE hours.
     
  • HR Certification Institute 1.0
     
  • This program has been approved for 1.0 (General) recertification credit hours toward aPHR(TM), aPHRi(TM), PHR®, PHRca®, SPHR®, GPHR®, PHRi(TM) and SPHRi(TM)recertification through HR Certification Institute® (HRCI®). For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
     
  • SHRM 1.0
     
  • Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.0 PDC(s) for the SHRM-CP or SHRM-SCP.
     
  • CPE 1.2 including Personnel/HR 1.2
     
  • Lorman Education Services is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its web site: www.nasbaregistry.org. For more information regarding administrative policies such as complaint and refund, please contact our offices at 866-352-9539. CPE Credit: Maximum Credit Hours: 1.2 each session (based on a 50 minute credit hour). You must attend at least 50 minutes to obtain credit. Field of Study: Personnel/HR for 1.2 hours. Prerequisite: basic knowledge of employee benefits. Level of Knowledge: Intermediate. Teaching Method: Seminar/Lecture. Advance Preparation: None. Delivery Method: Group Internet Based. Please refer to the information in this brochure for outline, course content and objectives. Upon completion of this course, you will receive a certificate of attendance. Final approval of a course for CPE credit belongs with each state's regulatory board. Please note: In order to receive CPE credit for this course you MUST use the streaming audio option, as well as enable and complete the required progress checks.
     

OnDemand Course

This course was last revised on November 28, 2017.

Call 1-866-352-9540 for further credit information.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Who should attend?

This live webinar is designed for human resource and benefits professionals, payroll managers, business owners and managers, controllers, insurance professionals, and attorneys.

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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Dannae L. Delano

Dannae L. Delano

The Wagner Law Group

  • Partner in the St. Louis office of The Wagner Law Group
  • Practice concentrates on employee benefits law, executive compensation, and taxation
  • Considerable experience in integrating a range of benefits plans in mergers and acquisitions and in correcting plan errors
  • Conducts regular seminars and workshops on all aspects of employee benefit compliance, for retirement plans, health and welfare plans, and executive compensation planning
  • Wrote several publications related to employee benefit compliance issues
  • Can be contacted at 314-236-0065, [email protected], or www.wagnerlawgroup.com
Linda Stuessi

Linda Stuessi

The Wagner Law Group

  • Of Counsel in the San Diego office of The Wagner Law Group
  • Leads the retiree medical trust practice group at Wagner Law Group
  • Practice includes drafting various trust documents, conducting research on legal issues in employee benefits law and tax law, coordinating with trust advisors, reviewing contracts with service providers, and preparing IRS requests for private letter rulings defending Department of Labor investigations
  • Has practiced in ERISA and employee benefits for over 16 years, with prior experience in employment law, First Amendment law, securities class actions, and litigation
  • J.D. degree, cum laude, University of Wisconsin Law School
  • Can be contacted at 619-232-8703 or [email protected]
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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

All of your training, right here at Lorman

All of your training, right here at Lorman.

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Product ID: 410567
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