How to Get Help for COBRA Administration

Navigating COBRA administration involves federal statutes, employer notice obligations, premium calculation rules, and enforcement mechanisms administered by the Department of Labor (DOL) and the Internal Revenue Service (IRS). Errors in any of these areas carry real financial exposure — excise tax penalties under IRC Section 4980B can reach $100 per day per qualified beneficiary for noncompliance. This page maps the available help resources, explains how professional engagements typically proceed, and identifies the threshold at which informal guidance is insufficient.

Free and Low-Cost Options

Before retaining a paid professional, several free resources address a substantial portion of common COBRA questions.

Department of Labor — Employee Benefits Security Administration (EBSA). The EBSA publishes authoritative guidance on COBRA notification requirements, election periods, and beneficiary rights. Its publications page at dol.gov/agencies/ebsa includes plain-language fact sheets and the official model notices described in 29 CFR Part 2590. EBSA also operates a benefits advisor hotline that provides non-binding assistance on plan-specific questions.

IRS Publications. IRS Notice 2004-2 and the guidance surrounding IRC Section 4980B address premium calculation standards, including the 102-percent rule, and the excise tax structure for noncompliance. Both documents are publicly searchable at irs.gov.

State Insurance Commissioners. For employers with fewer than 20 employees who fall outside federal COBRA's scope, mini-COBRA state laws govern continuation coverage. The applicable state insurance department — each state maintains one — is the primary free resource for those smaller-group situations.

Nonprofit Benefits Counseling Programs. The Patient Advocate Foundation and similar 501(c)(3) organizations offer free case management for individuals navigating coverage gaps, including COBRA election decisions. These are not legal services but can clarify timelines and documentation requirements.

Plan Documents and SPD Review. The Summary Plan Description (SPD) that ERISA requires employers to distribute is itself a free, binding resource. Section 102 of ERISA (29 U.S.C. § 1022) mandates that SPDs describe COBRA rights in plain language. Reading the SPD first resolves most questions about coverage scope, premium amounts, and duration.

How the Engagement Typically Works

Professional COBRA assistance falls into three distinct categories, each with a different entry point and scope.

Third-Party Administrators (TPAs). TPAs handle day-to-day administration on behalf of employers — generating qualifying event notices within the DOL's 44-day window, collecting premiums, tracking election deadlines, and maintaining the recordkeeping required under ERISA. Engagement begins with a service agreement that defines which qualifying events the TPA monitors, how premium payments are routed, and what reporting the employer receives. The TPA does not provide legal advice; it operationalizes the compliance framework.
ERISA Attorneys. An ERISA-specialized attorney addresses legal exposure — litigation risk, disputed qualifying events, penalties under IRC Section 4980B, or DOL civil enforcement actions. Engagement typically starts with a document review (plan documents, notices sent, premium collection records) followed by a written risk assessment. Hourly rates vary by market and firm size; flat-fee audits are available from some practices.
Benefits Consultants and Brokers. Brokers and HR consultants occupy the middle tier. They assist with policy design, vendor selection, and comparative analysis — for example, helping an HR team decide between in-house versus third-party administration. They are not licensed to give legal opinions but can translate regulatory requirements into operational procedures.

The COBRA administration overview at the site index provides a broader map of the regulatory landscape that informs all three engagement types.

Questions to Ask a Professional

The quality of professional assistance depends on the specificity of the questions asked. The following structured set applies across all three provider types:

For TPAs:
- How does the system track the 30-day employer notification window that triggers the 14-day administrator notice obligation under 29 CFR § 2590.606-4?
- What happens operationally when a qualified beneficiary disputes whether a qualifying event occurred?
- How are second qualifying events and the resulting 36-month extensions flagged and administered?
- What documentation is retained, and for how long, to satisfy potential DOL audit requests?

For ERISA Attorneys:
- Has the current notice template been compared against the DOL model notices, and does any deviation create exposure?
- What is the litigation history for fact patterns similar to the employer's specific qualifying event dispute?
- How does the gross misconduct exception interact with state employment law in the jurisdictions where the employer operates?

For Consultants and Brokers:
- How does the proposed TPA's error rate compare across the vendors reviewed?
- What compliance checklist methodology does the consultant use to audit existing administration?
- How are multi-state employer obligations handled when state mini-COBRA laws impose stricter timelines than federal COBRA?

When to Escalate

Certain fact patterns move beyond the capacity of free resources or generalist consultants and require ERISA legal counsel.

Pending or threatened DOL investigation. Once EBSA has opened an inquiry, informal guidance is insufficient. DOL civil enforcement under ERISA Section 502 can result in court orders requiring benefit restoration plus attorney fees.

Excise tax exposure under IRC Section 4980B. When an employer has failed to send required notices or has miscalculated premiums across a beneficiary population, the per-day-per-beneficiary penalty structure compounds rapidly. A formal correction strategy, including potential voluntary disclosure, requires attorney involvement.

Mergers, acquisitions, or business closures. COBRA obligations during M&A activity involve successor liability questions that are inherently legal in nature and cannot be resolved by a TPA or broker alone.

Disputed qualifying events. When an employer and a former employee disagree about whether a qualifying event occurred — for example, whether a termination constituted gross misconduct — that dispute has litigation potential. An ERISA attorney should assess the record before any final determination is communicated in writing.

Coverage disputes involving dependents. Questions about loss of dependent child status or divorce as a qualifying event often involve intersecting domestic relations law, plan terms, and COBRA notice obligations that require coordinated legal review.

The threshold test is straightforward: if the situation involves potential monetary penalties, a disputed coverage determination, or a regulatory investigation, free resources and operational administrators are not substitutes for licensed legal counsel with demonstrated ERISA experience.

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)