To avoid incurring fines and penalties and remain in compliance, the Department of Labor states that COBRA should be offered to any benefit defined as a group health plan. By definition this includes all HRAs and FSAs.
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A Flexible Spending Account (also known as a flexible spending arrangement) is a special account you put money into that you use to pay for certain out-of-pocket health care costs.
FSAs are a COBRA eligible benefit. By definition health FSAs are a Group Health Plan and regulations require COBRA to be offered to benefits categorized as a group health plan. However, the obligation to offer COBRA depends on a number of factors.