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  #1  
Old 10-08-2008, 06:28 PM
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Join Date: Jul 2008
Posts: 3

Cobra Eligibility Period - 12 months?


What is the name of your state (only U.S. law)? TX

My husband was laid off in June 2007. As part of his severance package, we continued to receive health insurance through the company plan through November 2007. (During that time he also received severance pay from the company; they continued deducting insurance premiums from the severance pay at the same rate we paid before the lay-off.)

In December 2007 my husband bought an individual insurance policy. I opted for COBRA. Today I was notified by the Cobra administrator that my coverage will expire at the end of December 2008 "...when you have reached the maximum period allowed..."

I am confused, because I thought Cobra lasted 18 months, not 12. I can only guess that they are calculating 18 months based on the June 2007 termination date. But I wasn't even ELIGIBLE for Cobra until the "regular" insurance was terminated in Nov 2007. So wouldn't that be the date that determines the start of the 18-month period? (Does the termination date on the "proof of coverage" letter have any bearing? I'm pretty sure it says Nov 2007 but can verify, if it's pertinent.)

Before I start making phone calls, I'm hoping someone here can tell me what SHOULD happen in this situation. Thanks.
  #2  
Old 10-08-2008, 08:46 PM
cbg cbg is offline
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Join Date: Nov 2001
Location: Massachusetts
Posts: 23,702
I talked to the DOL directly about this a few years back when we were laying off employees and were going to pay their coverage for a few months.

COBRA started in June of 2007. The fact that the company paid for it for the first six months does not change the fact that the six months they paid for was part of the COBRA 18 months. As far as the DOL is concerned, you got the entire 18 months of COBRA and your husband's coverage very nicely paid your first six months of COBRA premiums.
  #3  
Old 10-08-2008, 10:50 PM
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Join Date: Mar 2007
Location: Ohio
Posts: 231
Just curious... were you not eligible for individual insurance along with your husband? Did you apply? Were you turned down?
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  #4  
Old 10-14-2008, 03:43 PM
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I was turned down for individual insurance.
  #5  
Old 10-14-2008, 03:52 PM
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Join Date: Mar 2007
Location: Ohio
Posts: 231
If your husband is still not employed and you need coverage, you are federally eligible for the Texas State Pool insurance program.

Go here for info:

[url]www.txhealthpool.org[/url]

Depending on your zipcode and age ( and gender of course! ) the rates can be a little on the high side ( maternity is built into the female rates up to a certain point which really distorts the curve ).

Good luck.
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