Q.- Do we have to give open enrollment information to individuals still in their COBRA election period? They have been offered COBRA but did not enroll in coverage.
A.- The COBRA rules say- “If an employer or employee organization makes an open enrollment period available to similarly situated active employees with respect to whom a qualifying event has not occurred, the same open enrollment period rights must be made available to each qualified beneficiary receiving COBRA continuation coverage” If an individual is not receiving coverage, there could be an argument that a full open enrollment package does not have to be provided to the individual. Of course if they do elect COBRA retroactively, you would have to inform them of the new plan options and provide enrollment information at that time.