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KK | Can insurance coverage be cancelled retroactively? |
My coverage ended 5 months after I reduced my hours and my employer refused to let me elect COBRA after coverage ended. |
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mbrcatz
|
Your employer might be exempt from the COBRA laws - they only apply if your employer has 20 or more employees.
I'm surprised they carried you that long, after your hours were reduced. Normally, that reduction in hours would be the "qualifying event".
If you think your employer IS subject to COBRA, and they didn't offer it to you, call your local department of labor and state insurance department. You'll have to PAY for it, of course, retroactively, but if you ARE eligible, you have 30 days to elect it, FROM THE TIME IT'S OFFERED. But you'll be paying back to the day coverage was dropped. |
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Suzanne: YPA
 |
Some states, such as mine, have insurance laws prohibiting the retroactive termination of coverage after a "qualifying event." Call your state insurance commissioner's office and ask whether there's a retroactive termination law in your state (if you work out of state, call the commissioner's office in that state).
Not all employers are bound by COBRA laws; small employers (fewer than 50 employees), church groups, the federal government and some non-profits don't have to follow COBRA. While you're speaking with someone at the commissioner's office, give him or her details about your employer to see whether it's subject to COBRA; it it's not, inquire whether there are any state continuation of coverage laws that pertain to you.
Assuming your ex-employer is subject to COBRA, I suggest you contact the US Department of Labor by calling 1-866-4-USA-DOL (state insurance commissioners DO NOT have jurisdiction over COBRA issues). Employers are subject to regulations governing the COBRA notification process and, unless an employee is let go due to gross misconduct, they cannot deny COBRA continuation to a person who wishes to elect it.
To learn more about COBRA: http://www.dol.gov/ebsa/faqs/faq_consumer_cobra.html |
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MensaMan
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No. |
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SodaLicious
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What does it say in the policy? That is where you will find the legal answer to your question regardless of what your employer tells you. |
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katiesquilts
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Hipaa/COBRA is governed by federal law. Your employee cannot decide that you can't get it. You have 60 days to elect after your qualifying event, and your premiums have to be paid with 30 days of electing. Check with the Department of Labor if you think you have a claim against your employer.
Oh, yeah, if you were let go due to gross misconduct, you don't get Cobra. |
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jollyroger76
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COBRA is good for 18 months, I do believe. It's the law. But you have to pay the whole premium. |
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Nicky C
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If the premiums are not paid, it can be cancelled retro to the date the last payment was received--for that month. It's not up to your employer to "let you" elect COBRA, that's your decision and yours alone. |
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