Cobra

[bbrandert]

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

Hello:

I resigned from my former employer located in Oklahoma back in December 2007 and moved to California. My former employer employs fewer than 20 employees. I was never given notice upon my leaving of a right to convert under the group health insurance plan.

I understand that as an employer of fewer than 20 employees, my former employer is exempt under COBRA and are claiming they had no obligation to provide me notice of my right to convert. My copy of the policy was lost in the move and both my former employer and the insurance carrier are refusing to provide me with another copy, so I am unable to see what rights I may have under the terms of the policy. What rights, if any, am I entitled to under either COBRA or in obtaining another copy of the policy?

Thank you.

 

[cbg]

You have no rights under COBRA and there is nothing in the law that mandates your employer to provide you with another copy of the policy. COBRA does not apply to companies with less than 20 employees, period.

If and only if you have a medical condition that began while you were covered under the group policy, AND if you had been covered under the policy for six months or more, Oklahoma state law might have provided you with between three and six months of coverage after your job ended. Outside of that, your employer is correct.