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We know the COBRA regulations can be confusing and contradicting for both employers and former employers. You are not alone, help is on our user board.
Here
is a brief summary of the law and definitions.
Also read the February 1999 final regulations, which cover shortfalls in premium payments, relocating, claims payments before enrollment, counting part-time employees, successor employers, Maximum Coverage Period, Family Medical Leave Act and beneficiaries who change their health coverage before a divorce. Here is the full text of the law (110 pages!). Also there are new notification requirements from the Department of Labor becoming effective on January 1st, 2004.
Many healthy people simply need temporary
health insurance. You should consider electing COBRA if you are
pregnant, over 50, in poor health, or attached to your current doctor. You may not qualify for COBRA
if you have less than 20 total employees, work for a church related organization or were terminated for gross misconduct.
If you have pre-existing conditions and can't get individual health insurance, you can review these options, or enroll in your state high risk pool. We have also posted information on domestic partnerships and group health benefits.
We have reprinted some useful pages about what happens to your benefits after an employer’s bankruptcy, health care benefits after a job loss, work structure changes and your company plan, and basic questions and answers.
If you are a senior, get info on Medicare
and COBRA. Review our reasons why
to elect COBRA. You have 60 days after you get your Notification to
accept coverage and 45 days to make the first payment. Read about COBRA with sample COBRA notices. Notification of
your COBRA benefits is the responsibility of the plan administrator. The plan administrator is
supposed to contact you within 44 days of termination but many don't,
from oversight or ignorance of the law.
You also might be given a notice under the Worker Adjustment and Retraining Notification Act (WARN) of 1988, if you worked for an employer with 100 or more employees.
Under the Consolidated Omnibus Budget Reconciliation Act, if you don't get a notice
mailed or hand delivered to you (and are qualified), you can either
contact a government investigator,
sue in federal court, or both. This might only make sense in case of an
accident, premature birth, catastrophic illness or other expensive medical emergency. No one has gotten rich off the $110 per day awarded to former employees of negligent employers. Also look in our state law directory to see if your state has enacted any mini cobra laws.
In most cases, After 18 months or extended benefits, your continuation
benefits end.
You can still get new coverage under HIPAA,
although the prices are generally even higher.
Continuation benefits are more expensive than personal health policies
(contrary to popular belief), because there is no medical underwriting.
You do not get a significant reduction in premium because there is a
larger group of people involved.
Read
our most asked questions
section, or read email
we have received. You can also read another FAQ on COBRA insurance basics put together by the U.S. Department of Labor.
If you are still confused, post your question to the message board, and go over terms
you should know. There are also Financial Links and Attorney Directory available for additional advise.
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