1. Knowledge Base
  2. › 
  3. Getting Started With COBRA
  4. Employer Penalties

What are the penalties if our company has failed to comply with the COBRA law?

We may not have sent a notification out in time. What are the fines for a business who doesn’t comply with COBRA?

The employer penalties for not complying with the COBRA:

  • The IRS can charge you $100 tax per day of noncompliance per person or $200 tax per day per family.
  • If the IRS has chosen to audit you and you have not corrected the violation, it is possible that you could have a $2,500 fine per beneficiary or the daily tax listed above. The lesser of the two penalties would generally be what is fined.
  • If the violation is determined “more than trivial” by the IRS, the company could face up to a $15,000 fine.
  • You cannot be charged a fine of more than $500,000 annually or 10% of the past year’s total health care costs.
  • The employees along with the beneficiaries have the right to sue to cover the medical expenses that would have taken place when the COBRA should have been offered. During lawsuits regarding COBRA, the court is permitted to charge the employer the attorney fees if the employee’s party has won the case. If the violation is corrected within 30 days and proven unintentional, the penalties could be lessened.

Employer Responsibility For COBRA

COBRA is a federal law that allows workers and their families to retain their workplace health insurance if it would otherwise end. This law applies to companies with 20 or more employees. Employers must send notifications, manage enrollment and handle premium payments under COBRA regulations.

For Employers

When an employer stops subsidizing an employee or a qualified beneficiary’s health insurance premium, the company must create a special open enrollment period to allow these individuals to continue their health insurance. Read more in the Employers’ Guide To COBRA.

For Employees

Report Non-Compliance To The Department Of Labor

Department of Labor – 1-866-487-2365
The DOL may
impose fines on companies who do not provide continuation of health insurance per the COBRA law.

Was this answer helpful?

Share this article:

teladoc logo

Retiring Soon? Begin here

If you aren't sure about your Medicare timelines or what Parts you need, contact us.

We provide expert guidance to help you navigate through Medicare and its supplements, ensuring you make the best decisions for your healthcare needs.

Visit MedicareOne

Are You Eligible For COBRA?

"check
Take Our Survey