FederalCOBRA and California Cal-COBRA basically provide that if you are no longer covered under your Employer's group health plan, you can keep the coverage for 18 (Federal) or 36 months (California) at 2 to 10% more premium than your employer was being billed from the Insurance Company.
If you have problems obtaining your COBRA, or CAL COBRA coverage, we can lead you in the right direction. It's basically though something that you arrange directly through your Former Employer's HR Department or Insurance Company.
We suggest that you get Quotes for the Healthy Members of your Family and see if you can get a better alternative than COBRA. With your own Individual coverage you have the option of taking a higher deductible, HSAor not taking maternitydental, life or vision to save $$$. Our Pre Underwriting form will save you time and effort to see if you qualify for a Individual & Family Plan.
When your COBRA orCAL COBRA coverage ends, expires, terminates... you are then eligible for HIPAA guaranteed issue, until you reach Medicare eligibility.
1. Does the Department of Labor have a FAQ Section or FAQ'? 2. Where can I get more details on MYspecific plan and options? 3. What happens if your Employer changes coverage from one Insurance Company to another? 4. What if my COBRA gets cancelled? 5. What if I'm separated and my spouse cancels my coverage, is that a Qualifying event? What notices must the Employer give the Employee? 6. Where can I get more information on Cal COBRA? 7. How much notice must one receive, before COBRA rates can go up? 8. Do you have an FAQ section for Cal COBRA?
Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) - COBRA is a federal law that provides rights to temporary continuation of group health plan coverage for certain employees, retirees and family members at group rates when coverage is lost due to certain Qualifying events (§ 1163). Generally, COBRA applies to employers who employed 20 or more employees in the prior calendar year. If the group health plan is a multi-employer, collectively bargained plan, only one contributing employer needs to have 20 or more employees in the prior year in order for COBRA to apply to the whole plan.
There is a minimum 30-day grace period for each successive payment due date. Payment is considered made on the date it is postmarked (if it is mailed), not the date of the check or the date the payment is physically received by the Plan. (cms.gov Page 15 Section V # 4, dol.gov, vantaggiohr.com Treasury Regulation §54.4980b-8 Question # 5)
Under the new regulations, qualified beneficiaries must receive what is called an “Early Termination Notice” if they lose coverage due to failure to make payment by the due date or within the grace period. (dol.gov/)
When there occurs a "qualifying event" that entitles persons covered by an employer group health plan to elect continuation coverage, such as the employee’s termination of employment or death, the divorce of the employee and his or her spouse, or a dependent child’s ceasing to qualify for dependent coverage under the plan, a notice of the right to elect continuation coverage generally must be sent to each person (termed in the COBRA law a "qualified beneficiary") who has that right. If the "qualifying event" is the employee’s termination, reduction of hours or death, the employer has 30 days after the event (or, if later, 30 days after the date coverage is lost) to notify the plan administrator, which in turn must give the notice of COBRA rights within 14 days to persons entitled to elect coverage. (If the employer and the plan administrator are the same, it has the full 44 days to give the notice.) How soon the notice is provided affects how long eligible persons have to elect continuation coverage because they must be given at least 60 days from the date of the notice. Wilcox & Savage Esq Reporting & Disclosure Guide (DOL)
The Consolidated Omnibus Budget Reconciliation Act (COBRA) gives workers and their families who lose their health benefits the right to choose to continue group health benefits provided by their group health plan for limited periods of time under certain circumstances "Qualifying Event" such as voluntary or involuntary job loss, reduction in the hours worked, transition between jobs, death, divorce, and other life events. Qualified individuals may be required to pay the entire premium for coverage up to 102 percent of the cost to the plan. (110% for Cal Cobra)
COBRA generally requires that group health plans sponsored by employers with 20 or more employees in the prior year (2 with Cal Cobra) offer employees and their families the opportunity for a temporary extension of health coverage (called continuation coverage) in certain instances where coverage under the plan would otherwise end.
COBRA outlines how employees and family members may elect continuation coverage. It also requires employers and plans to provide notice. (Department of Labor )
When your employer changes Insurance Companies, the COBRA coverage goes with the NEW company. (DOL Guide Page 11 "Similarly Situated Active Employees, Code of Federal Regulations § 54.4980B-5Q 1 & 4)
The law limits the conditions when the applicable premium may be increased during a determination period.
A determination period is any 12-month period selected by the plan that is applied consistently from year to year. During a determination period, a plan can increase the premium only in the following three cases:
(1) The plan has previously charged less than the maximum amount permitted and the increased amount required to be paid does not exceed the maximum amount permitted; or
(2) The increase occurs during a disability extension and the increased amount required to be paid does not exceed the maximum amount permitted; or
(3) A qualified beneficiary changes the coverage being received. Because the law is clear in its guidance for premium increases, it is advisable to consult your benefits professional or legal counsel when passing on rate increases to COBRA participants for reasons not stated above. (cobrapoint.com)
A-1: (a) A qualifying event is an event that satisfies paragraphs (b)...
(b) An event satisfies this paragraph (b) if the event is any of the following—
(3) The divorce or legal separation of a covered employee from the employee's spouse;
(c) An event satisfies this paragraph (c) if, under the terms of the group health plan, the event causes the covered employee, or the spouse or a dependent child of the covered employee, to lose coverage under the plan. For this purpose, to lose coverage means to cease to be covered under the same terms and conditions as in effect immediately before the qualifying event. ... If coverage is reduced or eliminated in anticipation of an event (for example,... an employee's eliminating the coverage of the employee's spouse in anticipation of a divorce or legal separation), the reduction or elimination is disregarded in determining whether the event causes a loss of coverage. 26 CFR 54.4980B-4 Qualifying Events
