Liability for Uncovered Medical Claims When COBRA Is Not Properly Offered
Definition
When a qualified beneficiary is not properly offered COBRA, courts can require the employer/plan to pay the individual’s underlying medical claims and in some cases additional damages. ADP and other administrators warn that incorrect administration can leave employers on the hook for substantial health care costs.
Key Findings
- Financial Impact: $25,000–$250,000+ per incident depending on the claimant’s medical costs, with recurring exposure annually for employers with systemic COBRA failures
- Frequency: Monthly
- Root Cause: Failures to identify all qualifying events and qualified beneficiaries, improper coverage‑duration calculations, and lack of documentation of offers/elections lead to plaintiffs asserting they were wrongly denied COBRA; without strong records, employers often settle or are found liable for claims.
Why This Matters
This pain point represents a significant opportunity for B2B solutions targeting Insurance and Employee Benefit Funds.
Affected Stakeholders
Benefits Manager, HR Director, Plan Administrator, In‑house Counsel, Claims/Insurance Carrier Liaison, CFO
Deep Analysis (Premium)
Financial Impact
$100,000-$300,000+ per incident (multiple employers liable; complex litigation); plan fund exposure to medical claims; potential liability for all employers in the pool • $100,000-$400,000+ per amendment non-compliance (liability extends to all employers; plan fund exposure; regulatory penalty from DOL; litigation from affected beneficiaries) • $100,000-$500,000+ per RIF event (medical claims for beneficiaries never notified; litigation defense; regulatory fines; reputational cost); annual recurring exposure if company has high turnover
Current Workarounds
Committee learns of compliance gaps through member complaints; no proactive monitoring; reactive responses to grievances • Committee relies on Benefits Manager reports; no independent verification; spot-check document reviews • Committee relies on management reports; no cross-client compliance visibility; reactive to client complaints
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Methodology & Sources
Data collected via OSINT from regulatory filings, industry audits, and verified case studies.
Related Business Risks
Statutory Penalties for Late or Defective COBRA Notices
IRS Excise Taxes for Systemic COBRA Administration Violations
Under‑Collection of COBRA Premiums and Administrative Fees
Slow and Missed COBRA Premium Collections Due to Manual Tracking
HR and Benefits Capacity Consumed by Manual COBRA Notification Work
Rework from Incorrect or Incomplete COBRA Notices
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