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In 1986 Congress passed the Consolidated Omnibus Budget Reconciliation
Act, known as COBRA. This Act provides an important link between
employees, their spouses, children, and health insurance plans.
If you've quit, been laid off, or even terminated, there now is
an important protection for families in the midst of a crisis, such
as unemployment. COBRA also extends beyond the employee, providing
the same protection for spouses and dependent children, when the
loss of health coverage is due to divorce, death, or even when your
child reaches the age he/she is no longer covered under your health
plan.
THE LAW
COBRA establishes required periods of coverage for continuation
of health benefits, which includes medical, dental, vision, and
medical flexible spending accounts. Qualified Beneficiaries generally
are eligible to continue coverage under these plans for up to 18
months in the event of a qualifying event that is due to termination
of employment or a reduction of hours of work. There are "Secondary
Qualifying Events" during the initial period of coverage, which
may permit a beneficiary to receive a maximum of 36 months of coverage.
There are special rules for disabled individuals, allowing an extension
of the original 18 months of coverage to a maximum of 29 months.
If the qualified beneficiary is determined under Title II or XVI
of the Social Security Act to have been disabled at the time of
a termination of employment or reduction of hours of employment
and the Qualified Beneficiary notifies EBS/Atlanta
of the disability determination, the 18-month period will be expanded
to 29 months.
The chart below outlines the types of qualifying events, which
beneficiary is eligible for COBRA, and the maximum coverage time.
If you qualify for COBRA continuation coverage, then you would be
eligible to continue your health plans for the maximum period allowed
under the law. However, there are certain guidelines that must be
followed, involving COBRA notifications, election of COBRA and premium
payments.
It's important to be notified
On the loss of employment, for whatever reason except "gross
misconduct", your employer notifies EBS/Atlanta
of your termination reason. A letter is then sent to you advising
of your COBRA rights and notifying you of your election period.
This notice will be sent to the last recorded address your employer
has on file. The notice begins what is commonly called the Election
Period. This period is the time frame during which each qualified
Beneficiary may choose whether to continue health care coverage
under the employer's group health plan. You will have a 60-day period
to elect whether to continue coverage. The cost to continue your
benefit choices will be included in the notice sent to you by EBS/Atlanta.
Failure to respond to the notice within the 60-day period will make
you and your dependents ineligible to elect coverage under your
employers group health plan.
The notice explains to you additional guidelines, as described
under COBRA, concerning premium payments and time frames. Once your
notice is returned to EBS/Atlanta
and the first months premium has been paid, your elected health
carriers will be notified of your COBRA election and coverage will
be reinstated back to the date of your qualifying event. If any
medical expenses incur during this election period and are denied
by your insurance carrier due to termination, they will need to
be resubmitted for consideration after your insurance carrier has
been notified of your COBRA election.
The cost
While the time line for electing COBRA coverage is important to
follow, the law also mandates requirements that must be followed
in making premium payments. Your former employer will no longer
be paying a portion of your health insurance premiums. You will
be responsible for paying the full amount, plus an administrative
fee of up to 2%. All premiums established are due on a certain date,
usually the first of each month. The law also allows a grace period
for making premium payments. The grace period is 30 days after the
due date. Premium payments made after the due date and applicable
grace period will result in termination of your health insurance
plans. Coverage will not be reinstated if the premium is not made
in the proper time frame. Premium payments can be made by check,
money order or by DIRECTPAY.
COBRA COVERAGE PERIODS
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Qualifying Event
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Beneficiary Eligible
for COBRA
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Maximum Number
of Months
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Termination of Job
Reduced Hours
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Employee, Spouse and/or Dependent Child
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18
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Employee Entitled to Medicare
Divorce/Legal Separation
Death of Employee
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Spouse,
Dependent Child
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36
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Loss of Dependent Child Status
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Dependent Child
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36
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COBRA Reminders
Premium Payments
After you elect COBRA, you have to pay the first premium within
45 days. Most likely, the first premium will be higher because it
covers the period retroactive to the date coverage ended through
your employer. Successive payments are due the first of each month,
but COBRA rules allow for a 30-day grace period after each due date
for payment.
Extensions
COBRA set specific time limits on coverage. However, you may
contact your insurance carriers directly to discuss a conversion
plan or an individual policy at the end of your COBRA time frame.
Switching plans
If you are now on COBRA and your employer offers an open enrollment
period to active employees you must also be given the option to
switch plans during that time.
Rates
Your employer, not EBS/Atlanta, determines
rates for insurance premiums. Rates are usually determined for a
12-month period, the insurance contract period. Rates may change
at the beginning of each contract period.
Payment options
Premium payments can be made by check or money order. DIRECTPAY
is also an option: see the guidelines for DIRECTPAY under Forms.
Third party checks are also accepted, as well as, e-checks. However,
it is the responsibility of the Beneficiary to make sure the third
party check or e-checks arrive within the applicable grace period.
Status of My Account
As a qualified beneficiary, you will have the option of reviewing
your account information on line at any time. You will receive an
access code from EBS/Atlanta to view
your personal data, to verify coverage information, premium payments
and status dates.
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