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cobra notification and continuation of health coverage


Guest Trina

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My husband was fired from his job on Tuesday 10/27/98, and we received a letter from his company that they had converted his coverage to cobra and mailed it to the insurance carrier, as his coverage with the company ended 10/30/98. Does anybody know if this is an acceptable type of notification? I thought they had to send both he and I (as a dependent) a certified letter? Also, is a company obligated to keep your coverage in force (not cobra) through the end of the month, of the month of the coverage?? Or does it end the day you are terminated. I plan to convert our family to my work coverage effective 11/1 98 but they way his companies notice reads we are without coverage for one day 10/31/98 and did receive medical services that day?? You can respond via message board or e-mail be direct. Thanks

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Good questions. I do believe that you should also receive a COBRA notice of qualifying event. however, I don't think that a certified letter is a requirement (although it is a good suggestion to employers). I can't answer the rest of your questions.

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I believe Kip is right in suggesting that the employer erred in saying 10-30-98. call them and be sure they meant 10-31-98. if the plan states that coverage terminates at the end of the month following termination of employment, then it is definitely 10-31-98; however, you must review your plan to determine what the termination clause states. secondly, you stated that you received a notice stating that they had converted your coverage to COBRA. That they cannot do, unless of course they are going to pay the premiums. COBRA is an option, and is generally at the cost of the employee. maybe they meant that they sent the information to the carrier, and the carrier will be sending you the COBRA election forms. that seems to be the logical explanation. there is no requirement to send cobra notification by registered mail; however, there have been some court cases that have indicated the spouse should also receive their own notification. actually, you would only have a cause of action if in fact the lack of your own notice caused a detriment to you, which it does not sound like is the case here. good luck.

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COBRA notices should be mailed to the employee and the spouse, if the spouse is covered at the time of the employee's termination. There are no specific requirements for notices to be sent via certified mail. As to the 10/30/98 termination of coverage, I suspect the employer made a mistake and meant to say 10/31/98. While some medical plans end coverage on the date of termination, others terminate coverage at the end of the month in which employment terminated. There is not requirement that I know of, state or federal that requires coverage to continue to the end of the month.

Call the insurer (From your profile, I assum it's Rochester Blues or Preferred Care), but even if it is some other insurer, they will be able to tell you when coverage ended.

I would e-mail you, but for some reason I can't e-mail to an aol address. I can only receive it from aol. A pain in the you know what. If you want to e-mail me with a phone number, I'd be glad to discuss your situation if need be. Good Luck.

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