Common use of COBRA and HIPAA Clause in Contracts

COBRA and HIPAA. As of the Effective Date, MSGS (acting directly or through its Subsidiaries) shall assume, or shall have caused the MSGS Health & Welfare Plans to assume, responsibility for compliance with the health care continuation coverage requirements of COBRA with respect to MSGS Participants who, as of the day prior to the Effective Date, were covered under a Spinco Health & Welfare Plan pursuant to COBRA or were eligible for COBRA under a Spinco Health & Welfare Plan and incur any COBRA claims after the Effective Date. Spinco shall be responsible for the claims incurred by MSGS Participants prior to the Effective Date, regardless of whether payments for such claims are made or due after the Effective Date. Spinco (acting directly or through its Subsidiaries) shall be responsible for administering compliance with the certificate of creditable coverage requirements of HIPAA applicable to the Spinco Health & Welfare Plans with respect to MSGS Participants for the period ending on the Effective Date. The Parties hereto agree that neither the Distribution nor any transfers of employment directly from the MSGS Group to the Spinco Group or directly from the Spinco Group to the MSGS Group that occur before the Effective Date shall constitute a COBRA “qualifying event” for purposes of COBRA.

Appears in 3 contracts

Samples: Employee Matters Agreement (MSG Entertainment Spinco, Inc.), Employee Matters Agreement (Madison Square Garden Co), Employee Matters Agreement (MSG Entertainment Spinco, Inc.)

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COBRA and HIPAA. As of the Effective Date, MSGS AMC (acting directly or through its Subsidiaries) shall assume, or shall have caused the MSGS AMC Health & Welfare Plans to assume, responsibility for compliance with the health care continuation coverage requirements of COBRA with respect to MSGS AMC Participants who, as of the day prior to the Effective Date, were covered under a Spinco CVC Health & Welfare Plan pursuant to COBRA or were eligible for COBRA under a Spinco CVC Health & Welfare Plan and incur any COBRA claims after the Effective Date. Spinco CVC shall be responsible for the claims incurred by MSGS AMC Participants prior to the Effective Date, regardless of whether payments for such claims are made or due after the Effective Date. Spinco CVC (acting directly or through its Subsidiaries) shall be responsible for administering compliance with the certificate of creditable coverage requirements of HIPAA applicable to the Spinco CVC Health & Welfare Plans with respect to MSGS AMC Participants for the period ending on the Effective Date. The Parties hereto agree that neither the Distribution nor any transfers of employment directly from the MSGS CVC Group to the Spinco AMC Group or directly from the Spinco AMC Group to the MSGS CVC Group that occur before the Effective Date shall constitute a COBRA “qualifying event” for purposes of COBRA.

Appears in 2 contracts

Samples: Employee Matters Agreement (Cablevision Systems Corp /Ny), Employee Matters Agreement (AMC Networks Inc.)

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