Premium Subsidy during COVID-19 Was Implemented under Tight Timeline (GAO-25-107055)
Summary
A GAO report to the Ranking Member of the House Committee on Education and the Workforce, GAO-25-107055, dated December 2024, on private health insurance. It explains that the American Rescue Plan Act of 2021 (ARPA), enacted on March 11, 2021, included a temporary 100 percent subsidy toward continued health care coverage, known as COBRA, for individuals who lost their jobs during the COVID-19 pandemic. Employers were to offer the continued coverage free of charge to eligible individuals. Its title states that the premium subsidy was implemented under a tight timeline.
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United States Government Accountability Office
Report to Ranking Member, Committee
on Education and the Workforce, House
of Representatives
PRIVATE HEALTH
December 2024
INSURANCE
Premium Subsidy
during COVID-19 Was
Implemented under
Tight Timeline
GAO-25-107055
December 2024
PRIVATE HEALTH INSURANCE
Premium Subsidy during COVID-19 Was Implemented
under Tight Timeline
Highlights of GAO-25-107055, a report to the
Ranking Member, Committee on Education
and the Workforce, House of Representatives
Why GAO Did This Study What GAO Found
Millions of workers lost their jobs The American Rescue Plan Act of 2021 (ARPA) was enacted on March 11, 2021,
during the COVID-19 pandemic. While and included a temporary 100 percent subsidy toward continued health care
COBRA generally provides certain coverage for individuals who lost their jobs during the COVID-19 pandemic.
individuals with the right to maintain Employers were to offer continued coverage, free of charge, to individuals after
their employer-sponsored health certain qualifying events and could receive tax credits to offset the costs. To
coverage after certain qualifying implement the subsidy, the Department of Labor’s Employee Benefits Security
events, not all individuals enroll due to Administration (EBSA) and the Department of the Treasury’s Internal Revenue
its high cost. Service (IRS) used existing processes in an expedited fashion to facilitate the
GAO was asked to review the offer of subsidized health insurance through the Consolidated Omnibus Budget
responsible federal agencies’ Reconciliation Act of 1985 (COBRA). As part of their efforts, both agencies
implementation of the COBRA subsidy. developed guidance for individuals and employers, educated the public, and
In this report, GAO describes (1) updated internal systems under a tight timeline. The agencies released six of the
EBSA’s and IRS’s implementation of eight pieces of guidance within 30 days of enactment of ARPA.
the COBRA subsidy and related
challenges identified by selected Timeline of Selected EBSA and IRS Guidance on COVID-19-related COBRA Subsidy (March 11,
stakeholders and (2) information on the 2021–September 30, 2021)
utilization and effects of the COBRA
subsidy.
GAO reviewed agency documents and
interviewed officials on how the
agencies developed guidance,
disseminated information, updated
systems, and ensured adherence to
ARPA’s requirements. GAO reviewed
aggregate data from IRS on the
number and type of employers that
claimed the COBRA tax credit and the
amount of credits claimed. GAO
conducted a literature search for
studies that examined the effects of the
subsidy on enrollment. GAO also The tight timeline for implementing the COBRA subsidy resulted in challenges for
interviewed external stakeholders employers and administrators, according to seven of eight selected employer
representing employers, groups and administrators GAO interviewed, with some noting challenges early
administrators, and employees on their
in the implementation process. These challenges related to the requirement that
experiences with the COBRA subsidy.
employers and administrators send COBRA notices to eligible individuals and
included uncertainty about the interpretation of the eligibility requirements and
shortened timelines for sending the required COBRA notices.
More than 30,000 employers reported to IRS that their former employees utilized
approximately $1.2 billion in COBRA subsidies during the pandemic. The number
of individuals who received the subsidy is unknown, according to employment tax
returns IRS processed as of February 2024 and agency officials. However, IRS is
conducting selected audits of employment tax returns for compliance with tax
credits including the COBRA subsidy. GAO’s literature review did not find any
studies that examined the effects of the COBRA subsidy during the pandemic.
View GAO-25-107055. For more information,
contact John Dicken at (202) 512-7114 or
However, two of three selected employee groups GAO interviewed said the
dickenj@gao.gov. subsidy benefited those in industries that were disproportionately affected by job
loss during the pandemic, such as the entertainment industry.
United States Government Accountability Office
Contents
Letter 1
Background 4
Agencies Implemented the COBRA Subsidy under a Tight
Timeline; Selected Stakeholders Reported Some Challenges 9
More than 30,000 Employers Received $1.2 billion in Tax Credits
for Providing COBRA Subsidies, but No Studies Have Been
Conducted on the Effect of the Subsidy 19
Agency Comments 23
Appendix I GAO Contact and Staff Acknowledgments 24
Tables
Table 1: Selected Digital Performance Metrics from Employee
Benefits Security Administration’s (EBSA) Consolidated
Omnibus Budget Reconciliation Act of 1985 (COBRA)
Subsidy Marketing Campaign 13
Table 2: The Number of Employers That Received Tax Credits for
providing Consolidated Omnibus Budget Reconciliation
Act of 1985 (COBRA) Subsidies to Eligible Individuals, by
Industry Category 20
Table 3: The Amount of Tax Credits Employers Received for
Providing Consolidated Omnibus Budget Reconciliation
Act of 1985 (COBRA) Subsidies to Eligible Individuals, by
Industry Category 21
Figures
Figure 1: Estimated Total Number of Consolidated Omnibus
Budget Reconciliation Act of 1985 (COBRA) Enrollees,
Calendar Years 2019–2022 6
Figure 2: Timeline of Selected EBSA and IRS Guidance on the
Consolidated Omnibus Budget Reconciliation Act of 1985
(COBRA) Subsidy from March 11, 2021, through
September 30, 2021 10
Figure 3: Example of Advertisement Used in EBSA’s Consolidated
Omnibus Budget Reconciliation Act of 1985 (COBRA)
Subsidy Marketing Campaign During the Pandemic 14
Page i GAO-25-107055 COBRA Subsidy
Abbreviations
AHRQ Agency for Healthcare Research and Quality
ARPA American Rescue Plan Act of 2021
ARRA American Recovery and Reinvestment Act of 2009
CMS Centers for Medicare & Medicaid Services
COBRA Consolidated Omnibus Budget Reconciliation Act of 1985
EBSA Employee Benefits Security Administration
IRS Internal Revenue Service
NAICS North American Industry Classification System
Q&A question and answer
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Page ii GAO-25-107055 COBRA Subsidy
Letter
441 G St. N.W.
Washington, DC 20548
December 12, 2024
The Honorable Robert C. “Bobby” Scott
Ranking Member
Committee on Education and the Workforce
House of Representatives
Dear Mr. Scott:
Under provisions of the Consolidated Omnibus Budget Reconciliation Act
of 1985 (COBRA), eligible individuals who change or lose their jobs
generally can maintain their employer-sponsored health coverage for 18
to 36 months at their own expense.1 However, not all eligible individuals
enroll in COBRA coverage due to its high costs.2 During the COVID-19
pandemic, Congress passed the American Rescue Plan Act of 2021
(ARPA), which provided, from April through September 2021, a 100
percent subsidy for the premium that would otherwise be paid by certain
individuals who elected COBRA coverage.3 These individuals were not
required to pay their COBRA premiums during this time period. In lieu of
receiving premiums from enrolled individuals, employers were entitled to
claim a tax credit equal to the amount of the subsidies they provided to
eligible individuals. The COVID-19-related COBRA premium subsidy was
available to help individuals who lost their jobs during the pandemic
maintain their health coverage.
The Department of Labor Employee Benefits Security Administration
(EBSA) and the Department of the Treasury Internal Revenue Service
1Pub. L. No. 99-272, tit. X, 100 Stat. 82, 222-37 (1986) (codified in relevant part at 26
U.S.C. § 4980B, 29 U.S.C. §§ 1161–1169, and 42 U.S.C. §§ 300bb-1–300bb-8). COBRA
also applies to health coverage sponsored by employee organizations, such as labor
unions.
2Enrollees in COBRA coverage may have to pay for the entire premium (both the
employer and employee shares) plus an administrative fee.
3Pub. L. No. 117-2, § 9501(a), 135 Stat. 4, 127–34. Hereinafter this provision will be
referred to as the “COVID-19-related COBRA premium subsidy” or “COBRA subsidy”.
Page 1 GAO-25-107055 COBRA Subsidy
(IRS) were responsible for implementing the COBRA subsidy.4
Information on the implementation of the COBRA subsidy and how it
affected parties involved can help policymakers identify ways to improve
such subsidies should the need for them arise in the future.
You asked us to examine how responsible federal agencies oversaw the
implementation of the COVID-19-related COBRA premium subsidy, and
the experiences of employers, third-party companies that administer the
COBRA benefit (hereinafter referred to as administrators), and individuals
with the subsidy. In this report, we describe:
1. EBSA’s and IRS’s implementation of the COVID-19-related COBRA
premium subsidy provisions and related challenges identified by
selected stakeholders; and
2. information on the utilization and effects of the COVID-19-related
COBRA premium subsidy.
To describe how EBSA and IRS implemented the COBRA subsidy, we
reviewed documentation, including EBSA and IRS guidance and
manuals; EBSA education and outreach materials; and IRS’s compliance
plan. We also interviewed EBSA and IRS officials to understand the
agencies’ implementation process and activities related to the subsidy.
This included how they developed guidance, disseminated information
about the subsidy to the public, updated internal systems, and ensured
adherence to ARPA’s requirements.
We also interviewed a nongeneralizable selection of eight external
stakeholders representing employers (five groups) and administrators
(three administrators) about their experiences implementing the subsidy
and any challenges they may have faced.5 We selected the eight external
stakeholders by identifying those that represented or have as clients (1)
employers in industries with historically higher COBRA eligibility rates and
(2) employers that were likely to offer health coverage to their employees.
4The Centers for Medicare & Medicaid Services (CMS) within the Department of Health
and Human Services also administers the COBRA coverage laws as they apply to state
and local government plans. In this report, we focus on EBSA’s and IRS’s implementation
activities and not CMS’s because EBSA and IRS have responsibility over COBRA’s
disclosure, notification, eligibility, coverage, and payment provisions. CMS advises,
consults, and coordinates with EBSA and IRS in the administration of the COBRA
coverage requirements.
5We interviewed American Benefits Council; Automatic Data Processing, Inc.; Business
Group on Health; Employee Benefit Research Institute; The ERISA Industry Committee;
HealthEquity, Inc.; Society for Human Resource Management; and WEX Inc.
Page 2 GAO-25-107055 COBRA Subsidy
In addition, we selected employer groups that represented either a large
number of employers or employers with a large number of employees, as
well as administrators that have a large number of employers as clients.6
We determined that these groups met these criteria by reviewing publicly
available materials about these groups as well as relevant studies on
COBRA enrollment.
To describe the utilization and effects of the COBRA subsidy, we
reviewed aggregate data from IRS on the number and type of employers
that claimed the tax credit associated with the COBRA subsidy and the
amount of credits claimed. To assess the reliability of the IRS aggregate
data, we reviewed IRS documentation and interviewed agency officials
about how the agency collected the data used to provide GAO with
aggregate results. This included how the agency processed employment
tax returns that employers used to claim the COBRA tax credit and
ensured that the data are accurate and complete. We also tested the
aggregate data for obvious errors or inconsistencies and interviewed
agency officials to resolve any concerns. We determined that the
aggregate data from IRS were sufficiently reliable for the purpose of this
report.
We also conducted a literature search for studies that examined the
effects of the COVID-19-related COBRA premium subsidy on COBRA
enrollment. To identify relevant studies, we searched various databases,
such as ABI/INFORM, EconLit, Embase, MEDLINE, SciSearch, Scopus,
and WorldCat. We performed these searches to identify articles published
from 2009 through 2023.7
In addition, we interviewed a nongeneralizable selection of three external
stakeholders representing employees about their experiences with the
6We reviewed publicly available information about the number and size of employers
represented or served by these groups and selected those that either represented or
served a lot of employers (e.g., groups with over 320,000 members who are human
resource professionals, those that serve 1,000 employer clients, etc.) or companies with a
lot of employees (e.g., companies with over 10,000 employees, Fortune 100 companies
that collectively cover more than 60 million lives, etc.).
7We reviewed articles published as early as 2009 because the American Recovery and
Reinvestment Act of 2009 (ARRA) provided a COBRA subsidy for certain individuals who
were involuntarily terminated from their jobs between September 2008 and May 2010.
Page 3 GAO-25-107055 COBRA Subsidy
COBRA subsidy and any challenges they may have faced.8 We selected
three external stakeholders by identifying groups that represented the
interests of (1) employees in industries with historically higher COBRA
eligibility rates and (2) a large group of employees. We determined that
our selected stakeholder groups met the criteria by reviewing publicly
available materials about these groups as well as relevant studies on
COBRA enrollment.
We conducted this performance audit from September 2023 to December
2024 in accordance with generally accepted government auditing
standards. Those standards require that we plan and perform the audit to
obtain sufficient, appropriate evidence to provide a reasonable basis for
our findings and conclusions based on our audit objectives. We believe
that the evidence obtained provides a reasonable basis for our findings
and conclusions based on our audit objectives.
Background
COBRA In 2022, about 64 percent of individuals aged 19 to 64 in the U.S. had
health insurance through an employer, according to Census Bureau
estimates. COBRA provides certain individuals and their families with the
right to maintain their employer-sponsored health coverage for a limited
period of time if they lose their coverage due to qualifying events such as
reduction in hours, job loss, death, divorce, and others. Specifically,
COBRA requires health plan sponsors, including private-sector employers
with at least 20 employees; employee organizations, such as labor
unions; and certain state and local government employers that offer
health coverage to provide individuals and their families with the option of
continuing their employer-sponsored coverage after their qualifying
events.9 Employers can charge COBRA enrollees up to 102 percent of
the premium to maintain their coverage. COBRA coverage generally lasts
18 months but can last 36 months for certain spouses or dependents in
8We interviewed the American Federation of Labor and Congress of Industrial
Organizations, the International Alliance of Theatrical Stage Employees, and the National
Coordinating Committee for Multiemployer Plans.
9Although COBRA requires plan sponsors to provide continuation coverage, it requires
group health plans to notify eligible individuals of their rights to this coverage, among other
requirements. In this report, unless otherwise specified, we describe COBRA’s
requirements as applying to employers generally because they are often the plan
sponsors of the group health plans. COBRA does not apply to federal employers.
Employers in states with continuation coverage laws similar to COBRA also may be
subject to those laws.
Page 4 GAO-25-107055 COBRA Subsidy
some circumstances, such as the policyholder’s death, divorce, or
eligibility for Medicare.10
COBRA requires employers, including the administrators they work with,
to provide individuals with (1) an initial general notice informing them of
their rights under COBRA and describing the law and (2) a COBRA
coverage election notice.11
The Agency for Healthcare Research and Quality (AHRQ) within the
Department of Health and Human Services estimated that COBRA
enrollment ranged from about 1.33 million in 2019 to about 1.11 million in
2022.12 (See fig. 1.)
10COBRA coverage can be extended for a total of 36 months for the spouse or dependent
child if the initial qualifying event (or a secondary qualifying event) is the death of the
covered employee, divorce or legal separation of the covered employee from the covered
employee’s spouse, the covered employee becomes entitled to Medicare (i.e., the federal
health insurance program for people who are 65 or older, certain people with disabilities,
and people with end-stage renal disease), or a dependent child ceases to be a dependent
child.
11If applicable, employers also must provide a notice of unavailability of coverage or a
notice of early termination of coverage. Employers, including the administrators they work
with, generally have processes in place for administering the COBRA benefit, according to
selected employer groups and administrators we interviewed. Some employers administer
the benefit themselves and others hire administrators to fulfill the function.
12AHRQ’s Medical Expenditure Panel Survey Insurance Component estimated that there
were about 1.25 million private-sector COBRA enrollees with a standard error of 41,000
and 82,000 non-federal, public-sector COBRA enrollees with a standard error of 7,000, for
a total of about 1.33 million COBRA enrollees in 2019. AHRQ’s survey estimated that
there were about 1.03 million private-sector COBRA enrollees with a standard error of
39,000 and 75,000 non-federal, public-sector COBRA enrollees with a standard error of
4,000, for a total of about 1.11 million COBRA enrollees in 2022. Enrollees include former
employees (excluding retirees and dependents).
EBSA, using different survey data and methodology, also has reported annual estimates
of COBRA enrollment. For example, EBSA reported that about 2.6 million individuals
enrolled in COBRA in calendar year 2021. According to EBSA officials, the questionnaire
used to generate the data EBSA used to impute the number of COBRA enrollees changed
in 2014, affecting its estimates from 2018 and onward. Both AHRQ and EBSA’s estimates
are subject to limitations of a survey.
Page 5 GAO-25-107055 COBRA Subsidy
Figure 1: Estimated Total Number of Consolidated Omnibus Budget Reconciliation
Act of 1985 (COBRA) Enrollees, Calendar Years 2019–2022
Notes: Enrollees include former employees of private-sector and state and local government
employers who are enrolled in COBRA coverage during a typical pay period in each calendar year.
Enrollees also include those who worked for employers subject to COBRA or to state continuation
coverage laws similar to COBRA. Excludes retirees and dependents. Estimates are rounded to the
nearest ten thousand.
a
2019: AHRQ’s survey estimated that there were about 1.25 million private-sector COBRA enrollees
with a standard error of 41,000 and 82,000 non-federal, public-sector COBRA enrollees with a
standard error of 7,000, for a total of about 1.33 million COBRA enrollees in 2019.
b
2020: AHRQ’s survey estimated that there were about 1.37 million private-sector COBRA enrollees
with a standard error of 164,000 and 64,000 non-federal, public-sector COBRA enrollees with a
standard error of 3,000, for a total of about 1.44 million COBRA enrollees in 2020.
c
2021: AHRQ’s survey estimated that there were about 1.19 million private-sector COBRA enrollees
with a standard error of 45,000 and 84,000 non-federal, public-sector COBRA enrollees with a
standard error of 6,000, for a total of about 1.28 million COBRA enrollees in 2021.
d
2022: AHRQ’s survey estimated that there were about 1.03 million private-sector COBRA enrollees
with a standard error of 39,000 and 75,000 non-federal, public-sector COBRA enrollees with a
standard error of 4,000, for a total of about 1.11 million COBRA enrollees in 2022.
Within the federal government, three agencies share responsibility for
administering COBRA coverage requirements. EBSA and IRS have
jurisdiction over group health plans sponsored by private sector
employers, and the Centers for Medicare & Medicaid Services (CMS)
within the Department of Health and Human Services has jurisdiction over
Page 6 GAO-25-107055 COBRA Subsidy
group health plans sponsored by state and local governments.13
Specifically, EBSA is the agency within the Department of Labor primarily
responsible for ensuring that employer-sponsored group health plans
comply with the COBRA coverage requirements, among others. EBSA
also has issued model notices in the past for some of the COBRA notice
requirements that employers, including the administrators they work with,
can adapt for their use. IRS can impose excise taxes on noncompliant
employers. EBSA and IRS share enforcement responsibility for COBRA’s
requirements. Lastly, CMS administers the COBRA coverage laws as
they apply to state and local government plans. If needed, CMS officials
told us they also consult with IRS as to its interpretation of the rules.
COVID-19-Related On March 11, 2021, ARPA was enacted to provide direct relief for the
COBRA Premium Subsidy economic and health effects from the COVID-19 pandemic.14 With
millions of workers losing their jobs due to the pandemic, ARPA provided
a temporary, 100 percent reduction in the premium that would otherwise
be paid by eligible individuals who elected COBRA coverage. The
subsidy was available for periods of coverage from April 1, 2021, through
September 30, 2021, for eligible individuals who experienced a reduction
in hours or involuntary termination of employment.15 The subsidy applied
to COBRA coverage that was sponsored by private-sector employers;
employee organizations, such as labor unions; state and local
government employers; and applicable employers in states with
continuation coverage requirements similar to COBRA. Individuals were
not eligible for the subsidy if they were terminated from their employment
for gross misconduct or were eligible for either (1) other group health
coverage through a new employer or a spouse or (2) Medicare.
In addition to regular COBRA notification requirements, ARPA required
employers, including the administrators they worked with, to provide (1)
an extended COBRA election notice to individuals who had qualifying
13EBSA and IRS also have jurisdiction over group health plans sponsored by employee
organizations, such as labor unions.
14Pub. L. No. 117-2, 135 Stat. 4.
15Examples of reduction in hours include a change in the employer’s hours of operations,
a furlough, a temporary leave of absence, and work stoppage as a result of a lawful strike
or a lockout, according to agency guidance. Examples of involuntary termination include
resignation as a result of a material change in the geographic location of employment,
resignation as a result of employer’s action or inaction that resulted in a material negative
change in the employment relationship analogous to a constructive discharge, and
employer’s decision to not renew an employee’s contract if the employee was otherwise
willing and able to continue the employment relationship unless the contract was for
specified services intended to end after a set term, according to agency guidance.
Page 7 GAO-25-107055 COBRA Subsidy
events before April 1, 2021, and remained eligible for COBRA during the
subsidy period, and (2) a notice of expiration of the subsidy to all
individuals 15 to 45 days prior to the expiration.
ARPA also added a new penalty for IRS to administer against individuals
who became ineligible for the COBRA subsidy and failed to notify their
plan of their status change.
American Recovery and Congress provided a COBRA subsidy in 2009 as part of ARRA.16 The
Reinvestment Act of 2009 ARRA subsidy covered 65 percent of the COBRA premium for certain
(ARRA) COBRA Premium individuals who were involuntarily terminated from their jobs between
September 2008 and May 2010 for a period of up to 15 months. The
Subsidy ARRA subsidy differed from the COVID-19-related COBRA premium
subsidy in a few key aspects, and there have been studies that examined
Key Differences Between the Consolidated
Omnibus Budget Reconciliation Act of the effects of the ARRA subsidy on COBRA enrollment.17
1985 (COBRA) Subsidy Available from
2008 through 2010 and the 2021 COBRA
Subsidy
• Level: the earlier subsidy covered 65
percent of the premium and the later one
100 percent.
• Duration: the earlier subsidy was
available for 15 months and the later one
for 6 months.
• Retroactivity: the earlier subsidy’s
eligibility period began retroactively on
Sept. 1, 2008, (5.5 months before the law
was enacted) and the later one began 20
days after the law was enacted.
• Coverage options: the earlier subsidy was
available before states expanded their
Medicaid programs or established
individual marketplaces, and the later one
was available when individuals may have
had these additional coverage options.
Source: American Recovery and Reinvestment Act of 2009,
Pub. L. No. 111-5, § 3001, 123 Stat. 115, 455-66, as
amended, and American Rescue Plan Act of 2021, Pub. L.
No. 117-2, § 9501, 135 Stat. 4, 127-38. | GAO-25-107055
16Pub. L. No. 111-5, div. B, tit. III, § 3001, 123 Stat. 115, 455-66.
17See for example David M Zimmer, “Did subsidies included in the 2009 Stimulus
Package encourage enrolment in COBRA?,” Fiscal Studies, 43 (2022): 405-419; Asako S.
Moriya and Kosali Simon, Impact of premium subsidies on the take-up of health
insurance: Evidence from the 2009 American Recovery and Reinvestment Act (ARRA)
National Bureau of Economic Research Working Paper No. 20196, Cambridge, MA, June
2014; and Berk, Jillian and Rangarajan, Anu, “Evaluation of the ARRA COBRA Subsidy:
Final Report,” (Feb. 2015), accessed December 26, 2023,
https://www.dol.gov/agencies/eta/research/publications/evaluation-arra-cobra-subsidy-fina
l-report.
Page 8 GAO-25-107055 COBRA Subsidy
Agencies
Implemented the
COBRA Subsidy
under a Tight
Timeline; Selected
Stakeholders
Reported Some
Challenges
EBSA and IRS Used EBSA and IRS used existing processes in an expedited fashion to
Existing Processes to implement the COVID-19-related COBRA premium subsidy under a tight
timeline, according to agency officials. The timing of ARPA’s enactment,
Implement the COBRA
just 20 days before the start of the subsidy period, contributed to the tight
Subsidy, including timeline. Recognizing the need to work quickly, both agencies expedited
Developing Guidance and their implementation efforts concerning the COBRA subsidy. As part of
Updating Systems these efforts, the agencies developed guidance for individuals and
employers and released six of the eight pieces of guidance within 30 days
of ARPA’s enactment. EBSA and IRS also educated the public, updated
internal systems, and took steps to ensure adherence to ARPA’s
requirements.
Guidance. The agencies published eight pieces of guidance over a 4.5-
month period by expediting their standard processes and coordinating
with each other, according to agency officials. (See fig. 2.)
Page 9 GAO-25-107055 COBRA Subsidy
Figure 2: Timeline of Selected EBSA and IRS Guidance on the Consolidated Omnibus Budget Reconciliation Act of 1985
(COBRA) Subsidy from March 11, 2021, through September 30, 2021
EBSA released four model notices and one election form for employers to
use and adapt in notifying individuals of their COBRA eligibility and the
Emergency Relief Notices availability of the subsidy during the subsidy period.18 Specifically, EBSA
In response to the COVID-19 pandemic, the announced the availability of these model notices and form on April 7,
Departments of Labor and the Treasury 2021, and published them on April 9, 2021. The model notices provided
issued two notices in May 2020 and February
2021 to provide relief for certain actions suggested language for employers, including the administrators they work
related to employee benefit plans, including with, to use when notifying COBRA-eligible individuals of their rights to
extending (1) the 60-day initial election period
for COBRA continuation coverage, (2) the
COBRA and the subsidy.19 EBSA also released an election form for
date for making COBRA premium payments, individuals to apply for COBRA coverage with the subsidy.
and (3) the date for plans to provide a
COBRA election notice. These notices
minimized the possibility of individuals losing In addition to the model notices and election form, EBSA and IRS
coverage because of a failure to comply with released three question and answer (Q&A) style documents on April 7,
certain pre-established time frames.
Source: 85 Fed. Reg. 26,351 (May 4, 2020) and the
May 18, and July 26, 2021, all within 4 and one-half months after ARPA
Employee Benefits Security Administration Disaster Relief
Notice 2021-01. | GAO-25-107055
became law. The guidance provided information on the eligibility and
notification requirements, the application of the emergency relief notices,
18ARPA required the Secretary of Labor, in consultation with the Secretaries of the
Treasury and Health and Human Services, to release model notices within 30 days of the
law’s enactment. Pub. L. No. 117-2, § 9501(a)(5)(D), 135 Stat. at 131.
19These model notices included (1) a general notice and COBRA election notice for
individuals who experienced a qualifying event from April 1, 2021, through September 30,
2021, (2) an extended COBRA election notice for those who had qualifying events before
April 1, 2021, (3) an alternative COBRA election notice for individuals covered by state
continuation coverage requirements like COBRA, and (4) a notice of expiration of the
subsidy.
Page 10 GAO-25-107055 COBRA Subsidy
and the process for determining the amount of and the mechanics of filing
for the COBRA tax credit.20
To develop guidance quickly, both agencies expedited their standard
processes and coordinated with each other, according to agency officials.
Both agencies began the process of determining what guidance would be
needed early in the implementation process, with EBSA starting before
ARPA became law and IRS starting as soon as ARPA had been enacted,
according to agency officials. EBSA also reviewed prior guidance for the
ARRA COBRA subsidy when drafting these Q&A documents, which
helped the agency provide the public with relevant information as quickly
as possible, according to agency officials.
Following the release of the April 7 guidance, the agencies also
incorporated additional clarifications identified by industry stakeholders as
appropriate in their later guidance, according to agency officials. For
example, in addition to addressing the application of the emergency relief
notices in the April 7 guidance, the agencies also included additional
Q&As with examples on this topic in the May 18 guidance. The May 18
guidance also included additional clarification on the subsidy’s eligibility
requirements. This was a topic about which individuals reached out to
employers, including the administrators they worked with, according to
three of eight selected employer groups and administrators we
interviewed.
Once drafted, EBSA and IRS expedited the documents through their
standard review processes, according to officials from both agencies.
These processes typically involve multiple levels of reviews within the
agency and reviews of portions drafted by each other. Officials explained
that following the standard processes helped the agencies ensure
consistency in their interpretation of the COBRA subsidy provisions within
and across the agencies.
Officials from both agencies told us they also leveraged their longstanding
relationship when coordinating during the drafting and review processes
and concurred that the coordination generally went smoothly. EBSA
20Questions answered in these documents included: which individuals qualify for the
COBRA subsidy, can individuals whose qualifying event is a voluntary reduction in hours
or a furlough be eligible for the COBRA subsidy, which circumstances constitute an
involuntary termination of employment, can the subsidy be applied toward COBRA
coverage prior to April 1, 2021, can employers rely on employee attestation for
determining eligibility for the COBRA subsidy, when eligible individuals must elect COBRA
coverage, which plans the COBRA subsidy applied to, and others.
Page 11 GAO-25-107055 COBRA Subsidy
officials also told us that while some inquiries from the public could not be
answered early in the process because they involved IRS’s interpretation
of the Internal Revenue Code, the agencies worked together to address
these inquiries once IRS provided its interpretation.
Education. In addition to releasing guidance shortly following ARPA’s
enactment, the agencies disseminated information about the COBRA
subsidy to individuals, employers, and other interested parties through
various means. EBSA and IRS provided both verbal and written
information to educate the public about the subsidy’s availability, the
eligibility requirements, and the process for claiming the tax credit. Doing
so helped EBSA and IRS achieve their respective strategic goals of
protecting benefits for workers and making it easier for taxpayers to fulfill
their obligations and increasing voluntary compliance, according to
agency officials.
Specifically, EBSA conducted 1,166 education and outreach events from
March 11, 2021, through September 30, 2021, that reached over 17,000
people, according to agency data. Examples of these events included
sessions for employers and employees dealing with the effects of layoffs
and plant closures and presentations for large audiences. Meanwhile, IRS
conducted a webinar and sent 43 outreach emails to small business
groups through their stakeholder liaisons, according to agency officials. In
addition, IRS officials told us that they shared guidance and education
information using several email distribution lists, including Guidewire,
Newswire, and e-News for Tax Professionals, each with at least 400,000
subscribers.
EBSA, through an external marketing firm, developed and deployed a
nationwide marketing campaign focused on the COBRA subsidy, which
resulted in millions of views nationally and successfully reached various
target audiences. Specifically, the campaign resulted in more than 490
million views nationally from June 2021 through the completion of the
campaign. In addition, the campaign exceeded each of the reach and
awareness goals EBSA set out to accomplish. These goals were based
on the marketing firm’s research to assess the effectiveness of the
campaign against industry standards, such as click-through rates and
completion of audio or video ads. (See table 1.) All three selected
employee groups we interviewed told us that employees they represented
were aware of the subsidy during the COVID-19 pandemic.
Page 12 GAO-25-107055 COBRA Subsidy
Table 1: Selected Digital Performance Metrics from Employee Benefits Security
Administration’s (EBSA) Consolidated Omnibus Budget Reconciliation Act of 1985
(COBRA) Subsidy Marketing Campaign
Performance metric Industry benchmark Performance
Programmatic display 0.10% 0.17%
(click-through rate)
Programmatic audio 95% 96%
(audio completion rate)
Programmatic video 70% 73%
(video completion rate)
Source: EBSA document. | GAO-25-107055
Notes: Performance is from EBSA’s campaign during the subsidy period. Programmatic display refers
to paid advertisements featured on websites, programmatic audio refers to paid advertisements
featured on audio streaming services, and programmatic video refers to paid advertisements featured
on video streaming services. Click-through rate is the percentage of ads a user clicked on, audio
completion rate is the percentage of audio listened to 100 percent completion, and video completion
rate is the percentage of videos viewed to 100 percent completion.
In addition, EBSA, through the marketing firm, deployed digital and print
advertisements through various platforms such as streaming TV
platforms, public billboards and posters, and social media to reach
populations that were most affected by the pandemic. The firm identified
these populations using nationwide data on unemployment and health
coverage, according to EBSA officials. EBSA officials also told us that
they launched advertisements as part of the marketing campaign before
hiring the marketing firm. (See fig. 3.)
Page 13 GAO-25-107055 COBRA Subsidy
Figure 3: Example of Advertisement Used in EBSA’s Consolidated Omnibus Budget
Reconciliation Act of 1985 (COBRA) Subsidy Marketing Campaign During the
Pandemic
EBSA further educated the public through its benefits advisors by
responding to COBRA-related inquiries, which increased during the
pandemic, and by resolving potential noncompliance issues, according to
agency officials. Benefits advisors answered questions and helped
resolve issues related to employee benefits, including COBRA coverage.
Officials reported that from March 11 to December 31, 2021, EBSA
benefits advisors responded to approximately 37,000 COBRA-related
inquiries and said that during the peak of the subsidy period the volume of
inquiries that benefits advisors addressed was three times higher than the
usual volume. EBSA streamlined its hiring process to add 11 temporary
benefits advisors in the summer of 2021 to help manage the increased
level of inquiries from the public, according to agency officials. Officials
told us they trained the temporary benefits advisors to cover more
straightforward COBRA issues, which helped the agency manage the
flow of inquiries from and provide information quickly to the public.
Benefits advisors also provided dispute resolution between individuals
and either their employers or the group health plans these employers
established to resolve disagreements over eligibility for the subsidy.
EBSA established a multi-disciplinary team to help benefits advisors with
Page 14 GAO-25-107055 COBRA Subsidy
particularly challenging or novel issues, officials told us, which helped to
ensure consistent interpretation within the agency.
System Updates. EBSA and IRS updated their systems and policies
within weeks of ARPA being enacted in order to implement the COBRA
subsidy quickly. For example, EBSA updated its phone system to route
COBRA-specific inquiries to designated benefits advisors to improve the
agency’s ability to respond to an increased volume of inquiries, according
to EBSA officials. IRS officials reported that IRS updated its internal
systems for processing employment tax returns along with the related
forms and instructions, which employers and others used to file for the
COBRA tax credit.
Officials said they implemented these updates within weeks of ARPA’s
enactment instead of the months that this process typically takes.
Specifically, IRS updated its internal systems to accommodate the three
new lines in the forms that the agency used to collect information related
to the amount of subsidies employers provided and the number of
individuals who received the subsidy, according to officials. The agency
also added system checks to identify returns with incomplete information
in the three new lines. In addition, IRS updated the forms and instructions
associated with the employment tax return and included clarification in the
Q&A documents to provide guidance on how to determine the amount of
COBRA tax credit and how to claim the tax credit.
IRS’s efforts have enabled the agency to process approximately 43,000
quarterly employment tax returns with claims for the COBRA tax credit as
of February 2024, according to aggregated data provided by the agency.
Furthermore, IRS officials told us they expect to continue their efforts to
process employment tax returns with claims for the COBRA tax credit
because employers can submit amended returns with claims for the credit
as late as three years after the due date of the original filing (i.e., through
April 2025).21 As of July 2024, IRS officials told us the agency had almost
1.6 million quarterly employment tax returns that had been received but
not yet processed, some of which could include claims for the COBRA tax
credit. IRS officials stated the agency was working through approximately
21Employers and others that would have otherwise received the premium payments can
claim the COBRA tax credit on their quarterly employment tax returns for the second,
third, and fourth quarters of calendar year 2021 and the first quarter of calendar year
2022. April 2025 is 3 years after the filing due date for quarterly employment tax returns
for the first quarter of calendar year 2022.
Page 15 GAO-25-107055 COBRA Subsidy
144,000 of these outstanding returns as of July 2024, and estimated
being able to complete this process by the end of October 2024.22
Enforcement. Alongside guidance and education efforts, EBSA and IRS
officials told us they worked to ensure adherence to ARPA’s requirements
by reviewing potential noncompliance cases, such as those involving
employers’ failure to provide COBRA notices or continuation coverage.
Specifically, EBSA identified potential cases of noncompliance that the
agency further investigated or referred to IRS in accordance with EBSA’s
enforcement manual, according to agency officials. For example, of the
six such cases that benefits advisors referred to EBSA’s Office of
Enforcement, the agency investigated four of the cases but declined two
because one was resolved before EBSA opened the investigation and the
other involved an issue unrelated to the subsidy that contributed to the
delay in extending the COBRA subsidy. As of April 2024, the COBRA
subsidy issues in the other four cases had been resolved, according to
EBSA officials.23 EBSA also referred cases involving potentially eligible
individuals who were denied COBRA coverage to IRS, which has
authority to impose excise taxes on noncompliant employers. According
to IRS officials, the agency investigated these as appropriate and did not
impose penalties in any of these cases. Two of three selected employee
groups we interviewed told us that individuals they represented did not
experience challenges accessing the subsidy.
In addition to investigating referrals from EBSA, IRS officials told us they
also planned to address noncompliance issues related to the COBRA
subsidy on a post-filing basis. For tax year 2021, IRS developed a
compliance plan for identifying tax credit refunds that may have been
issued in error. The plan lays out the process for reviewing returns and
the filters used to select the returns. IRS officials explained that, at the
time it implemented the COBRA tax credit, the agency prioritized the
implementation of other employer credits that involved higher dollar
amounts—estimated to be more than 100 times higher. To address
noncompliance issues on a post-filing basis, IRS amended its compliance
plan in 2021 to include the COBRA tax credit, with the November 2021
revision being the most current plan. As of April 2024, the agency had
22The remainder of the outstanding employment tax returns contain claims for another tax
credit and have been held from processing since September 2023 to give IRS time to
conduct a study to help inform next steps with respect to this tax credit.
23Example of case resolution includes complainant receiving the COBRA notice after
EBSA opened its investigation.
Page 16 GAO-25-107055 COBRA Subsidy
selected for audit some returns with claims for the COBRA tax credit but
had not yet completed any of these audits, according to agency officials.
For the new penalty that ARPA added for individuals who became
ineligible for the COBRA subsidy and failed to notify their plan of their
status change, officials told us that IRS planned to rely on voluntary
disclosure, informants, and discovery through post-filing audits for any
information on these violations.24
Selected Employers and The tight timeline for implementing the COBRA subsidy—due to the
Third-Party Administrators timing of ARPA’s enactment—resulted in challenges for employers,
including the administrators they worked with, according to seven of eight
Identified Challenges Early
selected stakeholders we interviewed, with some noting challenges early
in the Implementation in the implementation process. Three challenges were related to
Process Due to ARPA’s employers’ obligation to send COBRA notices to eligible individuals.
Tight Timeline These challenges involved uncertainty about the interpretation of ARPA’s
eligibility requirements, the application of the emergency relief notices to
ARPA’s eligibility requirements, and shortened timelines for sending the
required COBRA notices. Another challenge that an administrator
mentioned arose from the administrator’s experience claiming the
COBRA tax credit from IRS.
Uncertainty about eligibility requirements. Employers and
administrators were uncertain as to how to interpret ARPA’s requirements
prior to all guidance being available, particularly those requirements
related to eligibility, according to six of eight selected employer groups
and administrators we interviewed. These six also told us that the
uncertainty led to delays in employers’ and administrators’
implementation efforts. For example, one employer group told us that until
the May 18, 2021, Q&A guidance came out—about 7 weeks after the
start of the subsidy period and 10 weeks after ARPA became law—
employers did not have detailed information to understand ARPA’s
requirements, such as definitions of certain terms. Three of eight selected
employer groups and administrators we interviewed told us that
employers and administrators had questions about the definition of
involuntary termination and the process for sending the required notices,
among others.
In addition, three of eight selected employer groups and administrators
we interviewed told us they could not send the required notices informing
24ARPA required individuals enrolled in COBRA with the subsidy to notify their group
health plan if they became ineligible for the subsidy. Individuals who fail to notify their plan
must pay a penalty. Pub. L. No. 117-2, § 9501(b)(2), 135 Stat. at 136-37 (codified at 26
U.S.C. § 6720C).
Page 17 GAO-25-107055 COBRA Subsidy
individuals of their eligibility for the benefit without information that
employers and administrators needed to determine who qualified for the
COBRA subsidy. One administrator we interviewed told us that it made
system changes based on assumptions before all the guidance was
available because of the tight timeline and had to revise some of its
processes after guidance became available. Four of eight selected
employer groups and administrators we interviewed told us that once all
of the guidance became available, employers and administrators did not
have a lot of time to determine and notify individuals of their eligibility for
the COBRA subsidy.
Application of emergency relief notices. The emergency relief notices,
which extended certain time frames related to the COBRA benefit, made
it more difficult for employers and administrators to implement the
COBRA subsidy, according to all eight selected employer groups and
administrators we interviewed. Five of the eight reported that these
notices made it more difficult for employers to determine how long certain
individuals remained eligible for COBRA and how much time these
individuals had to elect the benefit, all of which affected employers’ and
administrators’ ability to determine eligibility.
Shortened timelines. Employers, including the administrators they
worked with, that elected to wait for EBSA’s model notices had fewer than
60 days to send the required notices to individuals who experienced
qualifying events before April 1, 2021. For these individuals, employers
and administrators had until May 31, 2021 (i.e., within 60 days of April 1,
2021) to send the required notices. Although not required to use the
model notices, two of three selected administrators we interviewed told us
that they waited for EBSA’s model notices to ensure accuracy in the
notices that they sent to eligible individuals. Though EBSA met its
statutory deadline to release the model notices within 30 days of ARPA’s
enactment on April 9, 2021, employers and administrators that waited
were left with fewer than 60 days to send some required notices.
Moreover, according to one administrator, the shortened time frame
within which it had to send out the required notices also was challenging
because the volume of notices to be mailed was orders of magnitude
greater than the typical volume.
Three of eight selected employer groups and administrators we
interviewed said earlier guidance, and two others said clearer guidance,
could have helped with the implementation. Six of eight employer groups
and administrators told us that once all of the guidance was available
(about 16 weeks after the start of the subsidy period on April 1, 2021),
Page 18 GAO-25-107055 COBRA Subsidy
they were able to implement the COVID-19-related COBRA premium
subsidy.
Delays in receiving the tax credit. In addition to the challenges related
to determining eligibility and sending the COBRA notices, officials from
one of three selected administrators we interviewed also told us that they
experienced some delays when claiming the COBRA tax credit from IRS.
Specifically, officials told us that some employers did not receive the
COBRA tax credit in a timely manner due to IRS’s backlog of employment
tax returns waiting to be processed. In addition, according to two groups
that represented the interest of employees, a few multi-employer plans—
i.e., those plans to which more than one employer are required to
contribute, which are maintained pursuant to one or more collective
bargaining agreements, and which must satisfy other regulatory
requirements—also experienced delays in receiving their COBRA tax
credits from IRS.25 IRS officials told us that the agency had challenges
processing multi-employer plans’ returns because they required manual
processing.
Overall, stakeholder perspectives on agency efforts were positive. Five of
eight selected employer groups and administrators we interviewed told us
they appreciated the agencies’ efforts to implement the COBRA subsidy
under a tight timeline.
More than 30,000 employers reported to IRS that their former employees
More than 30,000 utilized the COBRA subsidy, according to employment tax returns IRS
Employers Received processed as of February 2024. These employers also reported receiving
approximately $1.2 billion in tax credits for providing COBRA subsidies to
$1.2 billion in Tax
Credits for Providing
COBRA Subsidies,
but No Studies Have
Been Conducted on
the Effect of the
Subsidy
25IRS officials told us that multi-employer plans typically employ a small number of
employees and owe less in payroll taxes than the amount of COBRA tax credits they can
claim. Thus, instead of just paying a reduced amount of payroll taxes, multi-employer
plans have to wait for IRS to process their employment tax returns to issue a refund for
the amount of COBRA tax credits that exceeded their payroll tax obligations.
Page 19 GAO-25-107055 COBRA Subsidy
individuals during the COVID-19 pandemic.26 Of the more than 30,000
employers that reported receiving tax credits for providing the subsidy to
eligible individuals, 71 percent engaged in business in one of 10 industry
categories, including professional, scientific, and technical services;
manufacturing; and health care and social assistance. (See table 2.) More
than 85 percent of the employers that reported receiving tax credits for
providing the subsidy had at least 20 employees—i.e., the minimum size
of private-sector employers that are subject to COBRA—and about 9
percent had fewer than 20 employees.27
Table 2: The Number of Employers That Received Tax Credits for providing
Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) Subsidies to
Eligible Individuals, by Industry Category
Number of unique employers Percent of
Industry category receiving COBRA tax credits total
Professional, Scientific, and Technical 4,502 14.6
Services
Manufacturing 3,752 12.1
Health Care and Social Assistance 2,491 8.1
Personal Care and Other Services; Civic, 1,955 6.3
Social, and Other Organizationsa
Retail Trade 1,911 6.2
Construction 1,751 5.7
Wholesale Trade 1,640 5.3
Finance and Insurance 1,490 4.8
Administrative and Support and Waste 1,443 4.7
Management and Remediation Services
Accommodation and Food Services 1,000 3.2
Subtotal 21,935 71.0
All Othersb 8,976 29.0
Total 30,911 100.0
Source: GAO analysis of aggregate Internal Revenue Service (IRS) employment tax return data, based on employment tax returns
processed as of February 21, 2024. | GAO-25-107055
Notes: Includes employment tax return data from IRS Forms 941 and 941X. Employers that filed
more than one employment tax return for the second, third, and fourth quarters of calendar year 2021
and the first quarter of calendar year 2022, including those that filed both an original and an amended
26The number of employers that claimed the COBRA tax credit is less than the number of
employment tax returns with claims for the COBRA tax credit that IRS processed,
because employers were able to claim the COBRA tax credit on their returns for the
second, third, and fourth quarters of calendar year 2021 and the first quarter of calendar
year 2022. Thus, a single employer could submit more than one return over the four
quarters and for each quarter if they needed to amend their original filing.
27About 5 percent had missing or unknown information for the number of employees.
Page 20 GAO-25-107055 COBRA Subsidy
return, are each counted once. Data used for categorizing the number of employers receiving
COBRA tax credits by industry category are subject to taxpayer reporting error, according to IRS
officials.
a
The Personal Care and Other Services; Civic, Social, and Other Organizations category includes
North American Industry Classification System (NAICS) codes that start with 81, which IRS labels as
“Other Services”. Examples of businesses in this category include automotive repair and
maintenance establishments, barber shops, religious organizations, labor unions, among others.
All Others also includes employers that reported null or missing values in the NAICS fields.
b
Employers in 10 industry categories reported receiving almost 82 percent
of the $1.2 billion in tax credits for providing COBRA subsidies to eligible
individuals, based on information that approximately 30,000 employers
reported on their employment tax returns. These 10 industry categories
included personal care and other services and civic, social, and other
organizations; professional, scientific, and technical services; and
manufacturing. (See table 3.)
Table 3: The Amount of Tax Credits Employers Received for Providing
Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) Subsidies to
Eligible Individuals, by Industry Category
Industry category Amount of tax credits Percent of total
Personal Care and Other Services; Civic, $477,031,931 39.5
Social, and Other Organizationsa
Professional, Scientific, and Technical $113,227,143 9.4
Services
Manufacturing $88,307,942 7.3
Administrative and Support and Waste $66,685,859 5.5
Management and Remediation Services
Finance and Insurance $53,022,319 4.4
Accommodation and Food Services $48,425,376 4.0
Retail Trade $44,378,931 3.7
Health Care and Social Assistance $36,728,853 3.0
Information $31,575,952 2.6
Wholesale Trade $28,831,991 2.4
Subtotal $988,216,297 81.8
All Othersb $220,492,284 18.2
Total $1,208,708,581 100.0
Source: GAO analysis of aggregate Internal Revenue Service (IRS) employment tax return data, based on employment tax returns
processed as of February 21, 2024. | GAO-25-107055
Notes: Includes employment tax return data from IRS Forms 941 and 941X. Data used for
categorizing the amount of tax credits employers reported receiving for providing COBRA subsidies
by industry category are subject to taxpayer reporting error, according to IRS officials.
a
The Personal Care and Other Services; Civic, Social, and Other Organizations category includes
North American Industry Classification System (NAICS) codes that start with 81, which IRS labels as
Page 21 GAO-25-107055 COBRA Subsidy
“Other Services”. Examples of businesses in this category include automotive repair and
maintenance establishments, barber shops, religious organizations, labor unions, among others.
b
All Others also includes COBRA subsidies reported by employers that reported null or missing
values in the NAICS fields.
Employers in one industry category—personal care and other services
and civic, social, and other organizations industries—reported receiving
almost 40 percent (or about $477 million) of the tax credits for providing
COBRA subsidies.28 Employers with at least 20 employees reported
receiving more than 80 percent of the tax credits for providing the
subsidies.29 Employers also reported receiving almost 95 percent of the
tax credits for providing COBRA subsidies during the second and third
quarters of calendar year 2021, which is also the subsidy period.30
Our review of the literature did not find any studies that examined the
effects of the COBRA subsidy during the COVID-19 pandemic, and IRS
does not have any reliable information available on the number of
individuals who received the subsidy, according to IRS officials.31 As of
April 2024, EBSA and IRS also had not studied or planned to study the
effects of the COBRA subsidy during the pandemic, according to agency
officials. In addition, seven of the eight selected employer groups and
administrators and all three selected employee groups we interviewed
told us that they did not conduct studies either. One employer group we
interviewed conducted a survey of its members during the pandemic
when the COBRA subsidy was in effect; however, the survey did not yield
robust response rates, according to the group.
Although we did not find empirical information about the effects of the
subsidy, the selected external stakeholders we interviewed shared limited
observations about individuals who were eligible for the subsidy based on
28Examples of businesses in this category include automotive repair and maintenance
establishments, barber shops, religious organizations, labor unions, among others.
29The remainder of the $1.2 billion in tax credits for providing COBRA subsidies were
received by employers that reported they had fewer than 20 employees or had missing or
unknown information for the number of employees.
30Although the COVID-19-related COBRA premium subsidy eligibility period was from
April 1, 2021, through September 30, 2021, employers who provided subsidies during that
period can claim the tax credit from IRS on their employment returns for the second, third,
and fourth quarters of calendar year 2021 and the first quarter of calendar year 2022.
31Employers who claimed the COBRA tax credit are required to report information on the
number of individuals who received the subsidy to IRS. However, IRS officials told us the
agency does not use this data to process the employment tax returns.
Page 22 GAO-25-107055 COBRA Subsidy
their experiences. For example, two of three selected employee groups
we interviewed told us that they believed the subsidy benefited those who
worked in industries that were disproportionately affected by job loss
during the COVID-19 pandemic, such as the entertainment industry. One
of these groups also told us that they believed the COBRA subsidy
enabled individuals to maintain a place in or close to the middle class and
not to slip economically. In addition, four of eight selected employer
groups and administrators we interviewed told us that COBRA enrollment
increased during the period that the subsidy was available.
We provided a draft of this report to the Departments of Labor and the
Agency Comments Treasury and the Internal Revenue Service for review and comment. The
Departments of Labor and the Treasury did not have any comments on
the report and the Internal Revenue Service provided technical
comments, which we incorporated as appropriate.
As agreed with your office, unless you publicly announce the contents of
this report earlier, we plan no further distribution until 30 days from the
report date. At that time, we will send copies of this report to the
Secretaries of Labor and the Treasury, the Commissioner of the Internal
Revenue Service, and other interested parties. In addition, the report is
available at no charge on the GAO website at http://www.gao.gov.
If you or your staff have any questions about this report, please contact
me at (202) 512-7114 or DickenJ@gao.gov. Contact points for our Offices
of Congressional Relations and Public Affairs may be found on the last
page of this report. GAO staff who made key contributions to this report
are listed in appendix I.
Sincerely,
John Dicken
Director, Health Care
Page 23 GAO-25-107055 COBRA Subsidy
Appendix I: GAO Contact and Staff
Appendix I: GAO Contact and Staff
Acknowledgments
Acknowledgments
John Dicken, (202) 512-7114 or DickenJ@gao.gov
GAO Contact
In addition to the contact named above, Kristi Peterson (Assistant
Staff Director), Xiaoyi Huang (Analyst-in-Charge), Mikaela Chandler, Eric
Acknowledgments Chen, Kaitlin Farquharson, Joy Grossman, and Laurie Pachter made key
contributions to this report. Also contributing were David Jones and
Ethiene Salgado-Rodriguez.
Page 24 GAO-25-107055 COBRA Subsidy
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