Question about benefits stopping after termination...

[moburkes]

Pre-existing conditions are not applicable, since you are not getting NEW insurance, you're just continuing your old insurance at the full cost.

Why only through November 23?

And, with such a small lapse in coverage, the new company will not deny pre-existing conditions. But, yes, what is special about 11/23?

 

[pattytx]

Maybe I misunderstood the question. If, OP, you were talking about pre-existing conditions relative to your insurance with your NEW company, I think HIPAA prohibits that if you had previous coverage and a lapse in coverage of less than 60 days.

 

[Mike Groaning]

Looking into that, I see the letter actually reads that I have to submit forms for enrollment by November 25, 2007 - I'm guessing they are considering the processing of the forms. That still seems kind of strange because COBRA is federal, right? Not reading through it, I'd assume there isn't a clause for HR to process forms in 5 days. I used to have to apply people for SSI benefits, and as long as paperwork was postmarked by the last day of the period, everything was fine. I'd be curious to know the legality of that deadline.

 

[Mike Groaning]

Maybe I misunderstood the question. If, OP, you were talking about pre-existing conditions relative to your insurance with your NEW company, I think HIPAA prohibits that if you had previous coverage and a lapse in coverage of less than 60 days.

I was asking if I could still elect COBRA if there was a major medical expense during the grace period to sign up.

According to my letter, they'll give you 63 days, which will be great, as that will cover my lapse. However, if it is 60 as you're saying, that'd be bad because my benefits with the new insurance policy would start on day 61, and I can think of at least 2 pre-existing conditions we'd have, which pretty much cover most of our medical expenses - I bet the insurer would be glad to point more out to me as well.

Can I get some verification as to whether it's 60 or 63? I'd hate to get in a pinch over a typo.

EDIT: A Google search with "COBRA '63 days'" seems to indicate that I should be fine.

 

[moburkes]

I was asking if I could still elect COBRA if there was a major medical expense during the grace period to sign up.

According to my letter, they'll give you 63 days, which will be great, as that will cover my lapse. However, if it is 60 as you're saying, that'd be bad because my benefits with the new insurance policy would start on day 61, and I can think of at least 2 pre-existing conditions we'd have, which pretty much cover most of our medical expenses - I bet the insurer would be glad to point more out to me as well.

Can I get some verification as to whether it's 60 or 63? I'd hate to get in a pinch over a typo.

EDIT: A Google search with "COBRA '63 days'" seems to indicate that I should be fine.

Yes, you can still elect COBRA if you incur medical expenses during the transition, and, yes, it is 63 days.

 

[pattytx]

Yes, you can still elect COBRA if you incur medical expenses during the transition, and, yes, it is 63 days.

Well, that'll teach me to think and not look it up.

 

[cbg]

Your right to elect COBRA is protected by Federal law. Assuming that your employer is big enough to be subject to COBRA in the first place (20 employees or more), then the ONLY circumstances under which your employer can deny you the right to COBRA is if you are fired for gross misconduct. Not misconduct, GROSS misconduct.

Since COBRA is always retroactive to the cancellation date, there is no gap in coverage, and pre-ex clauses do not apply.

 

[LSchmid]

In response to your various questions regarding COBRA and pre-existing conditions...

1) With COBRA you have sixty days to elect coverage. Since the date on your paperwork states 11/25 I'm assuming that this is the date the forms were sent. If you elect COBRA coverage the coverage reverts back to day #1 so there isn't any lapse in coverage, although you have to make payments all the way back to day #1. You have 45 days from the date you elect COBRA coverage to make the 1st payment.

2) Pre-Existing conditions - With most group health plans, as long as you have at least 18 months of continuous coverage and you elect insurance coverage when it is first offered to you, there is no pre-existing condition waiting period regardless of the waiting time when you are initially hired. If you do not have the 18 months of continuous coverage but you have some coverage (for example 10 months), the insurance company will usually credit that amount of time toward your waiting period for pre-existing conditions. You will, however, be required to present the new insurance company with a Certificate of Creditable Coverage (HIPAA Certificate) from your previous health plan.

Does this make sense?

 

[moburkes]

Um, November 25th has occurred yet.

 

[LSchmid]

Thank you for catching my error. I meant that if the papers state November 25th they were completed on the 25th of September.

 

[Mike Groaning]

Thank you for catching my error. I meant that if the papers state November 25th they were completed on the 25th of September.

I'd say you're right, because I put in my resignation on the 24th.