My husband did not get offered COBRA?

Question

He left his company after giving 2 months notice. It is a small company,(40 employees) he was a manager and they were very bitter that he was leaving. He was there for 7 years. He left so that we could start out own business. I really feel that they did not offer the COBRA just to be vindictive. I am having a heck of a time finding insurance for us. We both had pre-existing conditions. We really could have used the COBRA. What kind of recourse do I have. Thanks in advance.

Answer 1

actually, the cobra info should have come from the insurance company, not the employer.  contact the insurance company---they (not the employer) MUST offer you the cobra, but be prepared to pay outrageous premiums.  when i left my job 3 years ago i was paying $140 per month for an individual health insurance policy.  the cost of the cobra policy?  $480 per month--wow!!!

Answer 2

The dept of labor says:

Group health plans for employers with 20 or more employees on more than 50 percent of its typical business days in the previous calendar year are subject to COBRA.  Both full and part-time employees are counted to determine whether a plan is subject to COBRA. Each part-time employee counts as a fraction of an employee, with the fraction equal to the number of hours that the part-time employee worked divided by the hours an employee must work to be considered full-time.

Answer 3

Sometimes it can take up to a month for the COBRA information to come in the mail.  How long has it been since he left?

Answer 4

There are stringent laws that an employer must follow in regards to COBRA.  On a search engine type in COBRA + Your state and you should find information on eligibility for COBRA.  In my state an employer must offer COBRA if they have over 20 employees full and part-time, if the company has under 20 employees they must offer state continuation.  

It is a law.  Companies have had to pay HUGE settlements for not offering COBRA.  

You husbands employer would have had to send a letter, certified or had your husband sign off on the COBRA.  The burden of proof is on them to show that they offered COBRA.  

If you don't get anywhere with the insurance company, find out the agent and contact them.

Answer 5

Management being bitter or no, if your husband had insurance through the company, then he's eligible for Cobra.  If he wasn't offered, then he should've pursued the matter on his own -- which is what you still can do even now.  Call the insurance company your husband had thru his work (use the membership services number)  -- tell them the situation -- and find out what you can do.  They will be able to advise you.

Answer 6

www.dol.gov/ebsa/faqs/faq_consumer_cobra...

Answer 7

1. You could call them and ask.

2. I believe that the law says that if they have fewer than 50 employees that they don't have to offer it. I'm not 100 percent sure about the 50 number, but there is a cutoff.

Answer 8

Your ex-employer has nothing to do with it, just call your insurance carrier and see if the policy is still effective.  If it is then his 'ex' has just not gotten around to canceling it.  As soon as it is cancelled your insurance company will mail you a cobra application.  You may also be able to ask them for one regardless of whether you plan has been cancelled or not.  You can probably download one on their website.