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Tips to Survive a COBRA Audit
Nothing can compare to the fear a COBRA administrator feels
when they hear the words, “COBRA audit.”
No one wants to experience a COBRA audit, but as a result of
revised IRS audit guidelines, audits have increased
significantly, along with the possibility of penalties.
The IRS guide: “Audit Techniques and Tax Law to Examine
COBRA Cases (Continuation of Employee Health Care
Coverage)”
Provides standards for IRS investigators to use for COBRA
audits to ensure that employers are in compliance.
Follow these tips to make sure you’re prepared to pass your
COBRA audit.
Gather Information: be prepared to have the following
COBRA-related items for review:
A copy of any contracts with third-party administrators that
handle COBRA administration and service providers that
provide benefits subject to COBRA
Methods used to notify the plan administrator of a
qualifying event
Methods the plan administrator uses to notify qualified
beneficiaries of COBRA rights
A copy of all COBRA notices mailed
A copy of any letters mailed to QBs
A copy of any invoices mailed for COBRA coverage
A copy of group health plan documents and summary
plan descriptions
Any information on past or pending lawsuits for COBRA
obligations
Documentation of notices that were mailed, including
proof of mailing
Documentation of all COBRA dates, such as employment
termination and COBRA termination of coverage
Documentation of COBRA procedural updates
Health plan enrollment package, including notices and
disclosures provided to employees at the time of enrollment
(for example, the COBRA general notice)
Information on any wellness programs offered by the
plan that might be subject to COBRA
Each QB’s information on what they elected, how long
they were on COBRA
Documentation of premium amounts collected from each QB
and for each plan, including any health care tax credit
payments
Method for processing insignificant premium
underpayments
Documentation of COBRA-related disclosures to health
care providers
A list of individuals with qualifying events during the year
A written COBRA procedures manual with instructions
Documentation of COBRA training for those with
COBRA responsibilities
This could be, for any one taxable year, up to $500,000 or 10
percent of the employer’s total expenditures on the group
health plan.
Audit Tips
• Take it seriously.
• Don’t ignore or procrastinate.
• Gather all information immediately.
• Contact the auditor to establish cooperation and glean
reasons, other pertinent information.
• Consult with legal counsel as needed.
• Do not provide more information than what the audit
letter requests.
Don’t Be Scared, Be Prepared
Before the IRS knocks on your door, make sure you
have a proper compliance program.
Join over 29,000 of your peers and receive
our Newsroom blog.
Visit us at www.infinisource.com
800.300.3838

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Tips to Survive a COBRA Audit

  • 1. Tips to Survive a COBRA Audit
  • 2. Nothing can compare to the fear a COBRA administrator feels when they hear the words, “COBRA audit.”
  • 3. No one wants to experience a COBRA audit, but as a result of revised IRS audit guidelines, audits have increased significantly, along with the possibility of penalties.
  • 4. The IRS guide: “Audit Techniques and Tax Law to Examine COBRA Cases (Continuation of Employee Health Care Coverage)”
  • 5. Provides standards for IRS investigators to use for COBRA audits to ensure that employers are in compliance.
  • 6. Follow these tips to make sure you’re prepared to pass your COBRA audit.
  • 7. Gather Information: be prepared to have the following COBRA-related items for review:
  • 8. A copy of any contracts with third-party administrators that handle COBRA administration and service providers that provide benefits subject to COBRA
  • 9. Methods used to notify the plan administrator of a qualifying event
  • 10. Methods the plan administrator uses to notify qualified beneficiaries of COBRA rights
  • 11. A copy of all COBRA notices mailed
  • 12. A copy of any letters mailed to QBs
  • 13. A copy of any invoices mailed for COBRA coverage
  • 14. A copy of group health plan documents and summary plan descriptions
  • 15. Any information on past or pending lawsuits for COBRA obligations
  • 16. Documentation of notices that were mailed, including proof of mailing
  • 17. Documentation of all COBRA dates, such as employment termination and COBRA termination of coverage
  • 18. Documentation of COBRA procedural updates
  • 19. Health plan enrollment package, including notices and disclosures provided to employees at the time of enrollment (for example, the COBRA general notice)
  • 20. Information on any wellness programs offered by the plan that might be subject to COBRA
  • 21. Each QB’s information on what they elected, how long they were on COBRA
  • 22. Documentation of premium amounts collected from each QB and for each plan, including any health care tax credit payments
  • 23. Method for processing insignificant premium underpayments
  • 24. Documentation of COBRA-related disclosures to health care providers
  • 25. A list of individuals with qualifying events during the year
  • 26. A written COBRA procedures manual with instructions
  • 27. Documentation of COBRA training for those with COBRA responsibilities
  • 28. This could be, for any one taxable year, up to $500,000 or 10 percent of the employer’s total expenditures on the group health plan.
  • 30. • Take it seriously. • Don’t ignore or procrastinate. • Gather all information immediately.
  • 31. • Contact the auditor to establish cooperation and glean reasons, other pertinent information. • Consult with legal counsel as needed. • Do not provide more information than what the audit letter requests.
  • 32. Don’t Be Scared, Be Prepared
  • 33. Before the IRS knocks on your door, make sure you have a proper compliance program.
  • 34. Join over 29,000 of your peers and receive our Newsroom blog. Visit us at www.infinisource.com 800.300.3838