CAN THE INSURANCE COMPANY CANCEL AUTOMATICALLY THE COBRA PLAN WITHOUT

[Guest Francis]

I had coverage under Cobra Law after resigning to a company in December 2000. In February, I started to work with another company that had a group insurance with the same Health Ins. Co. I did not asked to be removed from the Cobra Plan nor requested it, but the insurance company canceled my participation in the Cobra plan at the moment they activated me with the new group insurance policy. I was terminated by the end of March by my employer and now I find that the insurance company excluded me from Cobra and doesn't wants to reinstate me in the plan. I have an ongoing medical condition that requires treatment and would be excluded from an individual plan. What can I do?

[Guest lmrice]

Francis,

The insurance carrier can terminate your COBRA coverage when you become covered under another "group" insurance plan. That information should have been included in your COBRA documents.

If the employer you worked for in March was required to offer you COBRA, then the insurance company would have to reinstate you if you enrolled AND paid for the COBRA coverage. If the employer is not obligated to offer you COBRA, I don't think the insurance carrier is required to offer you conversion insurance.

You should contact your former employer and ask about your COBRA rights.

[Mary C]

HIPAA requires insurers to offer personal policies if you can provide a "certificate of creditable coverage" from either your past insurance carrier or employer showing that you have been continuously covered for at least 18 months without a break in coverage. You may want to check with the carrier you had on your last job to see if providing proof of prior coverage will help in getting a personal policy. Good luck