FAQs ABOUT COBRA MODEL NOTICES 
May 1, 2020 
Set out below are Frequently Asked Questions (FAQs) regarding implementation of various 
provisions of the Consolidated Omnibus Budget Reconciliation Act (COBRA).  These FAQs 
have been prepared by the Department of Labor (DOL).  Like previously issued FAQs 
(available at https://www.dol.gov/agencies/ebsa/about-ebsa/our-activities/resource-center/faqs), 
these FAQs answer questions from stakeholders to help individuals understand the law and 
benefit from it, as intended. 
Updated COBRA Model Notices 
In general, under COBRA, an individual who was covered by a group health plan on the day 
before the occurrence of a qualifying event (such as a termination of employment or a reduction 
in hours that causes loss of coverage under the plan) may be able to elect COBRA continuation 
coverage upon that qualifying event.1 Individuals with such a right are referred to as qualified 
beneficiaries. 
Under COBRA, group health plans must provide covered employees and their families with 
certain notices explaining their COBRA rights.  A group health plan must provide each covered 
employee and spouse (if any) with a written notice of COBRA rights at the time of 
commencement of coverage under the plan (general notice).  A group health plan must also 
provide qualified beneficiaries with a notice which describes their rights to COBRA 
continuation coverage and how to make an election (election notice). 
Some qualified beneficiaries may want to consider and compare health coverage alternatives to 
COBRA continuation coverage, such as coverage that is available through the Health Insurance 
Marketplace (Marketplace).  Qualified beneficiaries may be eligible for a premium tax credit (a 
tax credit to help pay for some or all of the cost of coverage in plans offered through the 
Marketplace) and cost-sharing reductions (amounts that lower out-of-pocket costs for 
deductibles, coinsurance, and copayments), and may find that Marketplace coverage is more 
affordable than COBRA.  Qualified beneficiaries may also be eligible for Medicare, or have 
questions about the interaction between Medicare and COBRA. 
The DOL has model notices that plans may use to satisfy the requirement to provide the general 
notice and election notice under COBRA.  DOL is now issuing updated versions of the model 
general notice and the model election notice to ensure that qualified beneficiaries better 
understand the interactions between Medicare and COBRA. 
                                                 
1 For more information on COBRA continuation coverage requirements applicable to group health plans sponsored 
by private-sector employers, see An Employers Guide to Group Health Continuation Coverage Under COBRA, 
available at https://www.dol.gov/sites/dolgov/files/EBSA/about-ebsa/our-activities/resource-center/publications/an-
employers-guide-to-group-health-continuation-coverage-under-cobra.pdf
1 Q1: Where can I get a copy of the DOLs newest model notices? 
The model general notice and model election notice are available on the DOL website at 
https://www.dol.gov/agencies/ebsa/laws-and-regulations/laws/cobra.  The model notices are 
available in modifiable, electronic form.  As with the earlier model notices, to use the model 
properly the plan administrator must complete it by filling in the blanks with the appropriate 
plan information. 
DOL will consider use of the model notices available on its website, appropriately completed, to 
constitute compliance with the notice content requirements of COBRA. 2
Q2: I didnt enroll in Medicare when I first became eligible because I was 
still employed, but I recently lost my job.  Can I enroll in Medicare now 
after my group health plan coverage ends? 
Yes, and there may be advantages to enrolling in Medicare before, or instead of, electing 
COBRA.  In general, if you dont enroll in Medicare Part A or B when you are first eligible 
because you are still employed, after the Medicare initial enrollment period, you have an 8-
month special enrollment period3 to sign up for Medicare Part A or B, beginning on the earlier 
of 
 The month after your employment ends; or
 The month after group health plan coverage based on current employment ends.
If you dont enroll in Medicare and elect COBRA continuation coverage instead, you may have 
to pay a Part B late enrollment penalty and you may have a gap in coverage if you decide you 
want Part B later.  If you elect COBRA continuation coverage and later enroll in Medicare Part 
A or B before the COBRA continuation coverage ends, the Plan may terminate your 
continuation coverage.  However, if Medicare Part A or B is effective on or before the date of 
the COBRA election, COBRA coverage may not be discontinued on account of Medicare 
entitlement, even if you enroll in the other part of Medicare after the date of the election of 
COBRA coverage. 
Q3: What health coverage pays first if Im enrolled in both Medicare and 
COBRA? 
If you are enrolled in both COBRA continuation coverage and Medicare, Medicare will 
generally pay first (primary payer) and COBRA continuation coverage will pay second.  Certain 
plans may pay as if secondary to Medicare, even if you are not enrolled in Medicare. 
2 The Department of Health and Human Services, Centers for Medicare & Medicaid Services (CMS), administers 
the COBRA law as it applies to state and local government employers and their group health plans (sometimes 
referred to as public sector COBRA). Use of the model notices is not required for public sector COBRA. 
However, they may be helpful to state and local government employers and their plan administrators in developing 
their COBRA rights notices. For more information on public sector COBRA, see CMSs website at 
https://www.cms.gov/CCIIO/Programs-and-Initiatives/Other-Insurance-Protections/cobra_fact_sheet. 
3 https://www.medicare.gov/sign-up-change-plans/how-do-i-get-parts-a-b/part-a-part-b-sign-up-periods. 
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