mini-COBRA in Pennsylvania

[concerneddadof3]

My employer says he is not required to offer me COBRA despite the fact that PA has a mini-COBRA law that says employers with 2 to 19 employees must offer health insurance for up to 9 months following the termination. Cost will be on the employee, and I have 30 days to elect whether to take this coverage. He said the insurance company said since he has less than 12 employees he isn't required to and I have scoured the internet for anything that suggests this to be the case. I called the insurance company but they said I had to ask the plan administrator, which is my boss. Also, is the 30 days from the "qualifying event" (my resigning) or is it from the date he notifies the insurance company that I am leaving (on some future date since I gave notice)? Thanks in advance for any help.

 

[PayrollHRGuy]

http://www.legis.state.pa.us/cfdocs/legis/PN/Public/btCheck.cfm?txtType=HTM&sessYr=2009&sessInd=0&billBody=H&billTyp=B&billNbr=1089&pn=1573
https://www.insurance.pa.gov/Coverage/Documents/Health/PA Mini COBRA Update Final 03272015.pdf

All the info on PA's mini-COBRA you could want. It seems that your former moss is full of crap and has been since 2009.

A call to the PA Insurance Commission might be a good idea. And I'm willing to bet that it is 30 days from the last day of work. But if the employer blocked you form electing coverage you will likely be able to get that extended.

 

[cbg]

I haven't been responsible for COBRA administration, or employees in PA, since 2002, but if I recall correctly it's 30 days from the day your coverage ends, which may or may not be your last day of work (sometimes it's the last day of the month in which employment ends).