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<br />© 2019 Hitesman & Wold, P.A. MEDSURETY, LLC <br />Cafeteria Plan 1-888-816-4234, www.medsurety.com <br />Basic Plan Document <br />58 <br />ARTICLE XVII. <br />COBRA PROCEDURES <br />17.1 COBRA Notification Procedures. The following notification procedures apply to the Health <br />Flexible Spending Account and the Limited Scope Health Flexible Spending Account (if they are <br />Optional Benefits). Such plans are collectively referred to herein as the “Health Plan(s).” <br />(a) Notice of qualifying event. Under the law, a Covered Individual (or a representative <br />acting on behalf of the Covered Individual) has the responsibility to inform the Health <br />Plans of a divorce, legal separation, or a child losing Dependent status under the Health <br />Plans (the “qualifying event”) within sixty (60) days of the latest of: (1) the date of the <br />qualifying event; (2) the date coverage would be lost because of the qualifying event; or <br />(3) the date on which the Covered Individual was informed of the responsibilit y to <br />provide notice and the procedures for doing so. The notification must be provided in <br />writing and be mailed to the Health Plans. Oral notification, including notification by <br />telephone is not acceptable. Electronic (including emailed or faxed) or han d-delivered <br />notifications are not acceptable. The notification must be postmarked no later than the <br />last day of the sixty (60) day notice period described above. The notification must: <br />(1) state the name of the Health Plan; <br />(2) state the name and address of the employee or former employee who is or was <br />covered under the Health Plan; <br />(3) state the name(s) and address(es) of all Covered Individuals who lost coverage <br />due to the qualifying event; <br />(4) include a detailed description of the event; <br />(5) identify the effective date of the event; and <br />(6) be accompanied by any documentation providing proof of the event (i.e., the <br />divorce decree). <br />If no notification is received within the required time period, no continuation coverage <br />will be provided. If the notification is incomplete, it will be deemed timely if the Health <br />Plans are able to determine the Health Plan to which it applies, the identity of the <br />employee and the Covered Individuals, the qualifying event, and the date on which the <br />qualifying event occurred, provided that the missing information is provided within thirty <br />(30) days. If the missing information is not provided within that time, the notification will <br />be ineffective and no continuation coverage will be provided. <br />(b) Notice of second qualifying event. A Covered Individual (or a representative acting <br />on behalf of the Covered Individual) must notify the Health Plans of the death of the <br />employee, divorce or separation from the employee, or a Dependent child ’s ceasing to be <br />eligible for coverage as a Dependent under the Health Plans, if that event occurs within <br />the eighteen (18) month continuation period (or an extension of that period for disability <br />or for pre-termination Medicare entitlement). The notification must be provided within <br />sixty (60) days after such a second qualifying event occurs in order to be entitled to an <br />extension of the continuation period. The notification must be provided in writing and be <br />mailed to the Health Plans. Oral notification, including notice by telephone is not <br />acceptable. Electronic (including emailed or faxed) or hand-delivered notifications are <br />not acceptable. The notification must be postmarked no later than the last day of the <br />sixty (60) day notice period described above. <br />The notification must: <br />(1) state the name of the Health Plan; <br />(2) state the name and address of the emp loyee or former employee who is or was <br />covered under the Health Plan;