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Prepared by Mike Ewing, J.D.
Director of Research
United Actuarial Services, Inc.
(317) 580-8659
Fax (317) 580-8651
email: mewing@unitedactuarial.com
© United Actuarial Services, Inc. 2009
2009-35
May 26, 2009
DOL Announces Expedited Review Process for
ARRA COBRA Premium Subsidy Denials
The Department Of Labor (DOL) just announced the procedures to obtain an
expedited appeal for individuals who apply for the American Recovery and
Reinvestment Act of 2009 (ARRA)
COBRA premium subsidy and are denied the
discuss some of the
main aspects of the ARRA
COBRA premium subsidy
applicable to private group
health plans. Individuals with continuation coverage provided through a Federal,
State or local government plan, or pursuant to State insurance law
should direct
their request for review to the Department of Health and Human Services.
Section 3001(a)(5) of ARRA
calls for the Secretary of Labor to make a
determination regarding an individual’s eligibility for COBRA premium assistance
within 15 business days after receiving the individual’s application. The Secretary’s
determination upon review of the denial shall be
de novo (i.e. no deference to
plan’s decision) and shall be the final determination of the Secretary. Under the
statute, a reviewing court is to grant deference to the Secretary’s determination.
The application is titled “Application to the U.S. Department of Labor for Expedited
Review of Denial of COBRA Premium Reduction” (Appeal Form). A copy of the
Appeal Form is available by “clicking here” or at:
plication. An online Appeal Form is available at:
The DOL’s main ARRA COBRA premium subsidy webpage is found at:
http://www.dol.gov/ebsa/COBRA/main.html. The webpage has an “employee” and
an “employer” link for information on the expedited appeal process. The
“employee” page is at:
and the
“employer” page is at:
https://www.askebsa.dol.gov/COBRA/CobraAppUpdate.aspx. The “employer”
webpage appears to be only for attaching and submitting documents.
CLIENT BULLETIN