A health plan previously offered both individual and dependent coverage. As of 1/1/04, dependents are no longer covered.

1. If there are qualified beneficiaries who were already receiving COBRA and are dependents, are they still entitled to coverage?

2. Am I correct in my understanding that dependents who are not yet receiving COBRA are not eligible for COBRA because dependents of active employees are not eligible and the COBRA coverage mirrors that of active employee coverage or am I mistaken?

Please advise.

1. What is your basis for ending the dependent's COBRA coverage? Under COBRA, you can end COBRA coverage only upon specified events. If you can't find this in one of those specified events, I don't see how you can terminate the dependent's COBRA coverage.

2. What is the qualifying event? If there is no qualifying event, there is no COBRA coverage. When there is a qualifying event, you have to ask if they are qualified beneficiaries. I seem to recall some guidance on a participant who dropped a spouse in anticipation of a divorce. You might want to look at that.

1. If the dependent had elected COBRA for himself/herself, they would still be covered. If the former employee elected family coverage, and family coverage was eliminated for all employees, I'd say that you could terminate their coverage.

2. I don't think there is a qualifying event here.