Public Sector COBRA: The Centers for Medicare & Medicaid Services (CMS), U.S. Department of Health and Human Services, has advisory jurisdiction with respect to the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) as it applies to state and local government employers and their group health plans.

The public sector COBRA law is set forth at 42 USC 300bb-1 through 300bb-8 (Title XXII of the Public Health Service Act), and is entitled "Requirements for Certain Group Health Plans for Certain State and Local Employees." (See Related Links Outside CMS at the bottom of the Overview page.) The public sector COBRA law (42 USC 300bb-7) provides for a private cause of action if an individual is denied a COBRA right under such a group health plan.

Private Sector COBRA: If your group health plan is sponsored by a private sector employer, you should contact the Employee Benefits Security Administration (EBSA), Department of Labor, or the Internal Revenue Service (IRS), Department of the Treasury. EBSA and IRS share jurisdiction with respect to COBRA as it applies to private sector employers and their group health plans. EBSA (telephone number 1-866-444-3272 (toll-free) or 202-219-8776) has lead authority with respect to reporting and disclosure provisions, which includes requirements that plans notify individuals of their right to elect COBRA continuation coverage; IRS (telephone number 202-622-6080) has lead authority with respect to coverage and tax sanction provisions. However, EBSA also can answer private sector COBRA coverage questions.

Continuation Coverage for Federal Employees: If your group health plan is a Federal Employees Health Benefit Plan (FEHBP), you should contact your agency's Human Resources Department for more information on temporary extensions of FEHBP benefits. The Office of Personnel Management, Office of Insurance Programs (telephone number 202-606-0745), has ultimate jurisdiction with respect to FEHBP coverage.

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Page Last Modified: 05/14/2008 9:27:59 AM
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