Most EAPs Are Group Health Plans Subject to COBRA

Summary

This article addresses the question: When is an employee assistance plan (EAP) a group health plan that is subject to COBRA? The quick answer is—whether an EAP is subject to COBRA is determined by its structure and benefits. EAPs are typically a group health plan subject to COBRA because they provide access to trained counselors offering therapy, which is a medical benefit. Very limited EAPs that provide only referrals by individuals who are not trained counselors are not group health plans, but that approach is uncommon.