By following the COBRA guidelines and acting within required time periods, you can remain covered under your ex-spouse’s group medical plan with the same benefits that you had before.Generally speaking, most group medical plans are required to provide Continuation Coverage for private employers maintaining plans that normally employ 20 or more employees on a typical business day during the preceding calendar year. Continuation Coverage must be provided if, on the day before the event, you are a beneficiary under a group health plan. (Please note: Domestic partners are not always qualified beneficiaries. Check your health plan’s Summary Plan Description to see if domestic partners can receive coverage under COBRA divorce rules).
You must notify the plan administrator within 60 days after the date of the divorce or legal separation. This is not the day you and your spouse first decide to get a divorce. In fact, the correct period to mail a notice is often many months after you file for a divorce, so timing is everything. Awareness of the rules and knowing when to act is the difference between keeping or losing your right to Continuation Coverage.
A plan administrator, once notified, has 14 days to alert you and your family members — in person or by first-class mail — about your right to elect COBRA.The beneficiary spouse, after receiving a COBRA Election Notice that describes his or her rights to Continuation Coverage, has at least 60 days from the later of the qualifying event, the date coverage was lost, or the date of the COBRA notice to elect extended coverage.
Can I be declined Continuation Coverage?
Because many employers consider COBRA a burden to administer, declining coverage to an otherwise qualified beneficiary who failed to elect coverage within the election period is a legal “out clause.” Many employers will hire a COBRA administrator to get you off COBRA. Again, know the rules and observe all requirements. Since the election periods are so strict, it is important to guard against the possibility of a misdirected COBRA notice. Make sure the COBRA administrator, who is not always the former employer, has your current mailing information. Use certified mail with delivery confirmation to protect your rights.
Is Continuation Coverage expensive?
The provisions of the law allow the employer to pass on the full group medical cost of providing Continuation Coverage to the COBRA participant, including a 2% charge for administration. So, coverage will usually cost you more than it did before.
How do I make sure I don’t get cheated?
Even if you have complied with all the rules and completed your paperwork correctly, you still can be foiled in your efforts to remain on the plan by a misinformed or vengeful spouse. Having an expert COBRA advocate on your side can often mean the difference between keeping coverage or not. Successfully transitioning onto the COBRA plan is even more important when you have a pre-existing condition. Fortunately, once enrolled, you may stay on the plan for as long as 36 months.COBRA divorce provisions will assure continuity of your health care during a time when your physical and mental health will be strained.
Knowing — and acting on — your rights can help safeguard your health. For a phone consultation with an experienced COBRA expert, call 1–866-439-0964 or Contact Us
