No Continuation of Insurance Information (COBRA)

[les324]

What is the name of your state? Minnesota

My last day of employment with my company was March 4th. It is now March 26th and I have not received any information on continuation of insurance, COBRA. I will have insurance at my new job but it doesn't start until June 1st. Isn't my previous employer required by law to provide the continuation of insurance information in a reasonable amount of time? I have tried contacting one of the HR reps and he will not return my calls or emails.

 

[cbg]

Legally, the employer has up to 44 days to provide you with the information about your right to COBRA. They are still well within the legal limit.

By law, COBRA HAS to be retroactive to the first day of the cancellation, so it doesn't matter whether they send you the information on Day 1 or Day 44; your COBRA will start at exactly the same time.

 

[les324]

Thanks for the information, that makes me feel a little better. I've ready about COBRA, but still don't completely understand. Should I still be able to continue using my old insurance like normal? Then when I do finally get the information, the COBRA charges will just be retroactive, is this correct?

 

[cbg]

Yes, your COBRA coverage will be a continuation of the insurance you had while you were employed. No differences.

The chances are pretty good (I'd say about 99% probability) that your employer cancelled your coverage effective either your last day of work, or the last day of the month following your last day of work (it's about 50-50, in my experience, which one happens in any given situation and is determined by the terms of the insurance contract). As stated, your employer has 44 days from the last day of coverage to notify you of your right to COBRA. From the day you receive notification, you have 60 days to elect COBRA and from the day of your election, you have 45 days to send in your first payment, which must be retroactive to the beginning of the coverage. At the time he receives your payment, your employer will reinstate your coverage retroactive to the day the coverage was cancelled. IF you have had any bills submitted between the cancellation date and the reinstatement date, you will need to contact the insurance company and ask them to re-process them since they will no doubt have been denied due to lack of coverage. It is YOUR responsibility to do this - not that of your employer, not that of the insurance company. Either or both MAY follow through with checking to see if bills were denied and need reprocessing, but the one whose responsibility to do it is you.

That's probably more information than you needed or wanted so if you didn't follow any part of that or if you need more information, don't hesitate to ask!