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Time Employer to send Cobra info to Terminated Employee


Guest M Bryant
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Guest M Bryant

I terminated my position with my employer on 12/5/00. I still have not received any information from them concerning cobra. I did call them several times and asked when I would receive my cobra information. They have told me that I must wait until I hear from them. I have called and my insurance is still in effect. How long does an employer have to notify a terminated employee about cobra? Can they back date my policy and not pay any claims that are coming through? any help on this would be appreciated.

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I was in a similar situation. Although I'm not sure of the exact amount of time the company has to notify you, it does take at least a month or two to receive this information. Under COBRA laws, you are entilted to receive insurance for a period of time after your employment is terminated. Your insurance coverage cannot be simply be terminated by your employer without offering COBRA. The paperwork you receive will tell you about when payments are due, etc. Once they rec'v your first payment (on time from when it was specified), there should be no break in insurance coverage. Your coverage is retro-active to your termination date so if there were claims they should be paid.

If anyone else cares to comment on the accuracy of this reply - please feel free. Hope this helps!

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Iris

I don’t know of any section of COBRA that requires an employer to continue medical coverage for any period of time following an employee’s termination of employment. Termination of coverage upon termination of employment is typically dictated by insurance policy or self-insured plan provisions. It is not uncommon for coverage to terminate on the date of employment termination or at the end of the month following employment termination. However, once a person elects COBRA coverage the coverage is re-instated retroactively so that there is no laps in coverage.

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The employer or COBRA administrator has 44 days from the date you terminated or the date you lost coverage (whichever is later) to notify you of your COBRA rights by first class mail to your last address of record. (if you've moved, you should immediately update your address with human resources) Your SPD or certificate of coverage from the insurance company should outline when coverage ends. You then have 60 days to elect coverage. If elected, coverage and the premium you have to pay is retro to the date coverage was lost. In other words, you may owe a few months premium by the time you elect coverage. You have 45 days after you elect coverage to pay the premium from the time you lost coverage to your election date. Thereafter, premiums are due the first of each month for that month's coverage. The regs do allow a grace period of 30 days after the first of each month in which you can get your monthly payment in before you can be canceled.

Claims do not have to be paid until your election and/or premium payments are received.

Hope this information helps and good luck.

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