HIPAA and COBRA enrollment rules

[Guest gaham]

I have a question for anyone who may know the answer involving the HIPAA special enrollment rules. If I understand correctly HIPAA requires that certain individuals be given special enrollment rights in the employer's health plan if they previously declined enrollment because they had other coverage and they subsequently lose that other coverage. Suppose employee terminates employment and loses coverage under his employer's plan because of such termination, fails to elect COBRA because he has other coverage under his spouse's plan, and then subsequently loses that coverage because spouse loses her job. I would assume that no special reenrollment rights must be given to him by his former employer since he is no longer an eligible employee with respect to his former employer. I believe this view is consistent with the statute and regs but would appreciate any other views.