The Department of Labor has posted on its website comments regarding the proposed COBRA regulations. Some of the major concerns expressed were:
- Lack of time to implement changes.
- That the new notice requirements contained in the regulations are not mandated by statute.
- That the regulations should clarify conflicts between the regulations and Treasury regulations.
Comments of Note: The Employee Benefits Institute of America commented that guidance is needed regarding the relationship between the COBRA regulations and the DOL claims regulations, and that it would also be helpful if the final COBRA regulations were to specify for each approved method of delivery when the COBRA election period begins to run. McDermott Will & Emery suggested that examples should be added throughout various parts of the regulations for clarity and that confirmation is needed that a TPA could be designated as the “plan administrator” for the limited purpose of COBRA notification requirements.
Additional Note: For those who have not noticed, over on the right I have posted links to the new COBRA regulations, as well as links to various articles on the subject as well. I have included a link to these comments posted on the DOL website for future reference since they are so useful in parsing out all of the subtleties and technicalities of these new regulations.