Who Is Qualified for COBRA?
If you experience a “qualifying event” such as voluntary resignation, your former employer’s COBRA Administrator will mail you a package (they are legally obligated to mail it to you, they will likely not give you a copy if you ask in person) detailing your COBRA rights, how to enroll, and payment information. You will want to read this package very carefully. Usually most former employees are qualified to receive COBRA but here is a clearer list:
- An employee and his or her dependents who would otherwise lose coverage because of a reduction in scheduled work hours or termination for a reason other than gross misconduct.
- A spouse and/or children who would lose coverage because of divorce or legal separation.
- A surviving spouse and/or children who would lose coverage because of death.
- A spouse and/or children who would lose coverage because of an employee’s entitled to Medicare.
- An employee’s child who would lose coverage because they no longer meet the definition of being a dependent.
As you can see, the list is pretty comprehensive and covers most situations. Unless you were dismissed because of gross misconduct, you and your dependents are likely qualified for COBRA.
Amy Buttery said,
October 26, 2006 @ 12:59 pm
What if I work for a small business with fewer than 20 employees (totaling all FT and PT as in the guidelines)? Am I ineligible for COBRA insurance, or am I eligible but my employer doesn’t have to mail me the letter informing me of my COBRA rights? The answer above suggests that ALL employees are entitled to COBRA if a qualifying event happens, no matter the size of his employer. But elsewhere you say that smaller employers (business with fewer employees) don’t have to offer COBRA. If those businesses don’t ahve to offer COBRA, are those workers just out of luck completely? That’s what I’m trying to clarify. I understand that to use COBRA the employee or former employee pays for it, but who administers it in the case of a small business that doesn’t have to “offer” it?
UnderstandCOBRA said,
October 29, 2006 @ 8:05 pm
I’m afraid you may be out of luck because the business is too small. The problem is that there is always a separate company that administers the COBRA plan and the business may not have that and thus will not have the capability to offer insurance.
I’m not an expert in any way, I would recommend you consulting with a professional before making any decisions.
S Soda said,
December 19, 2006 @ 7:59 pm
My spouse is a seasonal employee of a Tax consulting company and she has her company’s group plan as primary insurance and my company’s group plan as a secondary insurance. She will be terminated from her job in februry end. Can we continue her coverage of her company group plan under CORBA act? For your information, her primary insurance coverage is better than her secondary insurance, so I want her to continue with her primary insurance coverage. What do you suggest?
UnderstandCOBRA said,
January 3, 2007 @ 7:33 pm
While it sounds like she is covered, depending on the size of the tax consulting company, but I’d talk to the HR department. They should have no problem answering that question for you.
Robert Carnahan said,
January 25, 2007 @ 2:10 am
1)After I lost a RFT(regular full-time) position at Pearson Govt. Solutions (a customer information service for Govt. agencies) because of a “qualifying” event & I elected to take COBRA approx 2/06 with termination 8/1/07. I will be eligible for MC(Medicare) coverage 10/07-can this COBRA be extended for a short time (i.e. 2-3 mos) until MC takes over my health & drug cost plan or as a 2nd qualifying event??
2) Also, if I reenter the above company only as a temporary employee with termination always a possibility and the former Govt. contracts offer health care stipends added to the hourly wage to provide contractural health care coverage at one of the projects CMS Center of Medicare & Medicaid Services but the company is starting 1/1/07 to require even temporary employees to change the hourly stipend to a more inferior health care plan than the one I currently have with COBRA, will I be forced to take the newly inferior plan or continue with my current COBRA plan when I know I may be terminated again in the next 3-6 mos & be forced to take COBRA again but with the inferior plan or the initial better health plan I earned from #1 scenario when I was a RFT??
B Mathieu said,
February 5, 2007 @ 7:38 am
What happens if I qualify for Cobra coverage, but my former employer has not sent an election notice within the 14 days after notifiying the plan? I left my former employer on 1/12/07, and my health insurance was cancelled as of that date, but to date, 2/5/07, I still have not received an electon notice.
Who do I contact to enforce?
Thanks
UnderstandCOBRA said,
February 5, 2007 @ 6:17 pm
Robert Carnahan: I recommend contacting your plan administrator, I don’t know the answers to your question. Good luck.
B Mathieu: Your employer has 14 days to contact the COBRA administrator, then they have 30 days to contact you. If that doesn’t happen, I recommend finding a lawyer.
joycesaiher said,
February 24, 2007 @ 9:54 am
I am having back surgery in two weeks. my employee insurance may run out shortly before that. When and how do I get COBRA and will it cover this surgery?
ASAP. Surgery will be in two weeks. Will my insurance contact me about getting COBRA . How long do I have?
Karen Scheltema said,
May 11, 2007 @ 9:40 am
I worked as a contract employee with benefits from the company for a nationwide organization. They are telling me now that my prescription and lab coverage is not eligible for COBRA. Is this true.
Claudette Frye said,
May 31, 2007 @ 2:37 pm
I was terminated from my position based on false allegations made by staff members as a result my COBRA benefits were taken away from me….What should I do?
S Rogers said,
June 6, 2007 @ 10:08 am
I worked for a major healthcare organization for less than 90 days. My employment was terminated last week by the employer, but I am considered eligible for re-hire. I was not offered COBRA. Their HR representative indicated that they do not have to offer it unless the terminated employee worked there for at least 90 days. I had dropped my COBRA when I accepted this position as this organization offered excellent health and pharmacy benefits from day one.
Now I am unemployed (but not qualified for unemployment compensation), I have no creditable health insurance coverage and my medications alone cost over $400 per month. I have just purchased a short term catastrophic health plan, but will need “creditable” coverage before the 63 day cutoff. If I am hired by a large company that offers health benefits within this time period, I will be OK, but my fear is that I won’t get hired, and I will need to try to buy creditable coverage on my own and won’t be approved due to my health history.
Is my former employer obligated to offer COBRA? Any suggestions for someone in my situation.
Jessica said,
April 23, 2008 @ 1:07 pm
Is it legal for an employer to end your health insurance before your position is terminated? Say approximately 8 days before without your knowledge until approximately 3-4 days after your termination?