Individuals who terminated employment in December 2009 but who were not eligible for COBRA coverage until January 2010 were likely not provided proper notice. These individuals should get the updated General Notice and a full 60 days from the date the updated notice is provided to make a COBRA election.

Individuals who were "assistance eligible individuals" as of Oct. 31, 2009 (unless they are in a transition period), and individuals who experienced a termination of employment on or after Oct. 31, 2009 and lost health coverage (unless they were already provided a timely, updated General Notice) must be provided notice of the changes made to the premium reduction provisions.

Individuals who are in a "transition period" must be provided this notice within 60 days of the first day of the transition period. An individual's "transition period" begins immediately after the end of the maximum number of months (generally nine) of premium reduction available under the subsidy prior to its extension. An individual is in a transition period only if the premium reduction provisions would continue to apply because of the extension from nine to 15 months and they otherwise remain eligible for the premium reduction.

According to the Employee Benefits Security Administration (EBSA) web site, to some extent the groups listed above overlap—creating a situation where an individual may be entitled to multiple notices. Providing the Premium Assistance Extension Notice by the earliest date required will satisfy the notice requirements.