missing cobra termination letter

[Dana Reynolds]

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

I finished a teaching Job in June. Schools usually continue insurance for a calendar year, and I figured it would continue until August. I called to get the last date of coverage last Friday only to find out I have been without insurance for 6 weeks.

I received no COBRA letter (they mailed it out later that Friday). My husband's insurance will accept me only within 30 days of termination and that time passed without my knowing so now I have to wait until open enrollment in October until I can sign up at my husband's work. My husband was on my insurance and unfortunately needed care this weekend, which we had to pay for.

What kind of responsibility does my former employer have to send a letter before I lose an opportunity for coverage? Is there anything I can do beyond beg my husband's employer?

-DanaWhat is the name of your state (only U.S. law)?

[cbg]

Your employer and the plan administrator jointly have up to 44 days to send out COBRA information. They have no legal responsibility to gauge it to any other plans you may have available to you. Six weeks is 42 days and that is within the legal limit.

Your mistake was in assuming that the coverage would continue and not confirming it. It is rare indeed for coverage to continue beyond the last day of the month in which employment ended. Waiting until more than a month beyond the last day of employment to ask about insurance was not a wise move.

If it is now beyond 30 days since your coverage terminated, your husband's employer is prohibited by law from adding you to their plan. The only hope you have, and it is a slim one, is IF the letter you get from the school is dated beyond the 30 day limit, your husband's employer MIGHT be kind enough to look the other way and accept that. They cannot be compelled to do so and it is possible that they could get into legal trouble for doing so, but it's the only option I see beyond waiting for open enrollment.