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Essay / Research Paper Abstract
This 5 page paper provides an overview of the case of Phillips v. Saratoga Harness Racing and considers the implications for COBRA law. Bibliography lists 5 sources.
Page Count:
5 pages (~225 words per page)
File: MH11_MHCOBRALa.rtf
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Unformatted sample text from the term paper:
v. Saratoga Harness Racing, 240 F.3d 174, 25 EBC 2230 (2d Cir. 2001), the complexities of adhering to COBRA regulations become evident. The significant message that extended from the
findings in these cases is that employers, specifically the plan administrator, must notify the qualified beneficiaries of their rights to the continuation of their health coverage following a COBRA qualifying
event (in this case a divorce) within 14 days, through a method that is reasonably calculated to ensure actual receipt. Though this is the underlying message of these proceedings,
it did not help Mrs. Studenroth, who was denied her rights to compensation for her losses because of a technicality regarding the nature of her divorce and the need for
a COBRA qualifying event. In the first case, Phillips v. Saratoga Harness Racing (103 F. Supp 2d 127), the Court found that the employer did not adequately inform Mrs.
Studenroth of her husbands change in her health insurance status, and therefore was not able to apply for COBRA coverage though a COBRA qualifying event was believed to have occurred.
Mr. Studenroth had obtained a divorce from a foreign municipality, and informed his employer of the termination of his ex-wifes insurance coverage (or rights to insurance coverage) based on
the divorce. At that time, the employer should have issued a letter to Mrs. Studenroth, informing her of the change in her status and of her rights under COBRA.
Instead, the employer presented Mr. Studenroth with the forms to change her status. Because Mr. Studenroth is considered Mrs. Studenroths estranged husband and because his communications with her
could be impaired, this does not correspond with the legal directives for providing notification in a manner "reasonably calculated to ensure actual receipt." The decision in the first
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