Cal-Cobra
SB 719 California Continuation Benefits
Replacement Act §10128.50
et seq. §1366.2 provides
that you can keep the Employer Group Medical Coverage that you had on your former job, when
there is a
qualifying event,
like losing your job, generally regardless of fault, a child getting older
or divorce,
for 18 months, even if you were an
owner or partner
along with employees of
a small employer group (under 20 employees) that was
not covered by Federal COBRA. When Federal
COBRA expires you can now get an
additional 18 Months - for a total of 36
AB 1401** If you worked for an Out of State Employer, then you might not qualify for the additional 18 months, but would qualify for guaranteed issue coverage under HIPAA, and your pre-existing conditions would be covered.
§10128.59 We are unable to assist
you in signing up or applying for COBRA or CAL COBRA, unless your Employer
is a
client of ours. You need to contact your former employer, or
their Insurance Provider...
Click here for the procedures.
When your COBRA or Cal COBRA 36 months runs out or terminates
per
§10128.57 or if your former employer goes
out of business,
then you can get Guaranteed Issue Medical Coverage under
HIPAA. Mr. Mip
might also be an option. There's also
Healthy Families for your kids. Of course you can get coverage in
the
Preferred Market Place, subject to
underwriting guidelines. If you don't qualify, the rest of your
family might.
We suggest that you apply for a
Regular Plan,
as the
application allows you to check off the box for
Guaranteed HIPAA coverage, if you don't
qualify for the preferred rates. A
big advantage to guaranteed plans is that Companies selling individual
health insurance typically require a review of your
medical history
including pre-existing
conditions that could result in a higher premium or you could be
denied coverage entirely.
AB 356 - requires that you be given the reason for a denial and
advised of Mr. Mip., Here's typical
underwriting guidelines on the California Insurance Commissioner's
website.
Procedures to
get Cal-COBRA or COBRA.
Check the Insurance Companies Administrative Manual, here's one for
Blue
Cross. Just go thru the table of contents or Index and find the
proper section and
forms. The
Insurance Company should then send you the paperwork to sign up. In
larger companies it may be the HR department, the owner of the
business or the person in charge of the Insurance. If you have any
problems, getting them to understand that you're entitled to COBRA or CAL
COBRA just tell them to take a look at the Law, cited above. If
you're a client of ours, then we can get you the
forms to complete and send to the Insurance Company, to notify them of a
qualifying event
i.e, the employee no longer works there. The Insurance Company,
will then send an "offer" - notification of COBRA rights, premiums, etc. to
the former employee or dependent. If you want us to write the letter
for you... that would be a $125 consultation fee.
If you're late on a
payment there is a grace period in accordance with law
10128.57 a 2 and
the companies routine practices.
At one
time there was Senior COBRA (allowed for terminated employees over age
60 to be covered until age 65 - Medicare
eligibility) but that was eliminated under
AB 254 effective 1/2005, except for those who already have it.
Consumer Links
Explanation on Litter Labor Law Website
"Sample" probable underwriting
Pre Existing Condition form.
Disability Benefits 101.org
Are
Out of State employer's
subject to this law?
Blue Shield's Q & A on AB 1401 for total of 36 months
DMHC Q
& A 1401
Department of Labor
FAQ's
Blue Cross Small Group
Employer's Administration Manual - Page 35 (Use search feature to check on COBRA
& Cal COBRA procedures.)
Kaiser
Cal Cobra
Information Sheet
Enrollment Form Procedures
Health Net
Employer Manual - do a search
Blue Shield COBRA
Election Forms
Technical & Research Links
Don't Pick Up Cobra As Part of Your Next Deal - Negotiating COBRA Liability
In Business Transactions
Kenneth W. Ruthenberg Jr. 9/10/2002 Employee Benefit Attorneys
Article
AB 112 revises provisions relating
to noncore coverage, such as dental or vision coverage.
