Google denies they are covered by Cal-COBRA

[Guest SailorFred]

Google's HR department is telling me they think that because they are covered by Federal law, they don't need to comply with Cal-COBRA to extend my coverage after the 18 month Federal COBRA is exhausted.

I don't see what the point of the Cal-COBRA legislation would be if companies are not covered by it.

Any advice on what tack to take with them?

Thanks,

Fred

[JanetM]

Here is website for CA. Call the dept of Inurance with your questions. Google is most likely self insured ERISA plan and not an insurance product.

http://www.hmohelp.ca.gov/dmhc_consumer/hp/hp_cobra.asp

[Mary C]

Employers are not covered by Cal-COBRA and they do not extend the coverage. The law applies to insurance companies offering the plans. The participant contracts directly with the insurance company and pays the premium directly to the insurance company. The former employer is not involved unless the contract to provide group benefits from that carrier is canceled. Then the company has to provide the participant with information on any other insured plan they sponsor in the state and the participant can then contract with that carrier.

Self-insured medical plans and stand alone dental plans are not subject to Cal-COBRA either.

[leevena]

Cal-Cobra applies to all groups that are not subject to the Fed Cobra laws, meaning groups under 20 employees. Since Google has well over 20, and probably self-funded, they are not subject to the law. You are not eligible.

[leevena]

Employers are not covered by Cal-COBRA and they do not extend the coverage. The law applies to insurance companies offering the plans. The participant contracts directly with the insurance company and pays the premium directly to the insurance company. The former employer is not involved unless the contract to provide group benefits from that carrier is canceled. Then the company has to provide the participant with information on any other insured plan they sponsor in the state and the participant can then contract with that carrier.

Self-insured medical plans and stand alone dental plans are not subject to Cal-COBRA either.

This is not exactly true. The law does apply to employers. The employer is responsible for administering the cal-cobra premiums, or must find an administrator. Payment from the cal-cobra participant is paid to the administrator and then to the carrier.

[oriecat]

Cal-Cobra applies to all groups that are not subject to the Fed Cobra laws, meaning groups under 20 employees. Since Google has well over 20, and probably self-funded, they are not subject to the law. You are not eligible.

This is not what the website Janet linked to says. It says Cal-COBRA gives an additional 18 months after the federal COBRA, even for those coming from a large employer.

[GBurns]

SailorFred

From what I read on the State website, it was not clear whether or not employers with self-funded plans are covered, but it made it seem possible. It could be that since most self-funded plans are not truly or fully self-funded but are in reality partially self-funded with stop-loss insurance coverage, there could be regulatory authority as a result of the insurance (stop-loss) component. But this is best explained by the State.

It seems that you need to call the State to find out if Google is covered under CalCOBRA and why.

If they are covered then you need convey that to Google and then file a cmplaint with the State if coverage is not given.

Make sure you have everything in writing, in case you do have to file.

[leevena]

Cal-Cobra applies to all groups that are not subject to the Fed Cobra laws, meaning groups under 20 employees. Since Google has well over 20, and probably self-funded, they are not subject to the law. You are not eligible.

This is not what the website Janet linked to says. It says Cal-COBRA gives an additional 18 months after the federal COBRA, even for those coming from a large employer.

Oops, I stand corrected. You are correct Oriecat, I forgot about the ability for some employees to purchase cal-cobra on their own.