The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) created a Federal Law requiring most employers with more than 20 employees who offer group health care coverage to give their employees, spouse and their dependents the option to continue their health care coverage when a loss in coverage occurs. COBRA coverage is the same coverage the employee had when they were actively working for the employer. However, the employee is responsible for 100 percent of the premiums, plus possibly a two percent administration fee.

COBRA provides individual former employees, retirees, spouses, former spouses, and dependent children the right to temporary continuation of health coverage at group rates. Many people do not understand the laws surrounding COBRA eligibility and their rights under the law. We are here to help. Because your employer has outsourced their COBRA administrator to us, we will be here every step of the way and minimize the hassle of understanding your COBRA rights. It is a Federal Program that gives an employee the ability to maintain group medical coverage if it is lost due to termination, disability, death of the covered employee or other qualifying event.

The COBRA statutes apply to businesses with 20 or more employees that offer group health coverage. It does not matter if the former employer pays for the premium, in whole or in part, for its employees, only that the insurance is available. For the purposes of COBRA, group medical coverage is defined loosely and includes everything from Preferred Provider policies, HMO coverage, self-funded plans, to any variation of an employer/employee arrangement for medical care. Several states have additional statues requiring businesses employing fewer than twenty people to comply with COBRA law. Determination of eligibility depends on the event that caused the loss of benefits

You must be suitable for continuation coverage under COBRA or state law that provides comparable continuation coverage (for example, so-called “mini-COBRA” laws) at any time during the period beginning September 1, 2008, and ending December 31, 2009.

Continuation coverage must be extended when first offered or during the additional election period.

A qualifying event for the continuation coverage that is the employee’s involuntary termination during the period beginning September 1, 2008, and ending December 31, 2009.

Does COBRA count as qualifying health coverage (or “minimum essential coverage”)? 

The applicant (person requesting a review of a denial of premium assistance) may either be the former employee or a member of the employee’s family who is eligible for COBRA continuation coverage or the COBRA premium assistance through an employment-based health plan. Employee and his or her family members may each elect to continue health coverage under COBRA, request the premium assistance, and require a review of a denial of premium assistance.

Yes. This means if you have COBRA coverage, you don’t have to pay the fee that people without coverage must pay.

COBRA Qualifying Events – Qualifying events are events that cause an individual to lose his or her group health
coverage. The type of qualifying event determines who the qualified beneficiaries are for that event and the
period of time that a plan must offer continuation coverage. COBRA establishes only the minimum
requirements for continuation coverage. A plan may always choose to provide longer periods of continuation
coverage.

The following are qualifying events for the spouse and dependent child of a covered employee if they cause the spouse or dependent child to lose coverage:

Termination of the covered employee’s employment for any reason other than gross misconduct;
Reduction in the hours worked by the covered employee;
Covered employee becomes entitled to Medicare;
Divorce or legal separation of the spouse from the covered employee; or
Death of the covered employee.
In addition to the above, the following is a qualifying event for a dependent child of a covered employee if it
causes the child to lose coverage:
Loss of dependent child status under the plan rules. Under the Patient Protection and Affordable Care
Act, plans that offer coverage to children on their parents’ plan must make the coverage available until
the adult child reaches the age of 26.

Reference: https://www.benefits.gov/benefit/4727

morgan county

In early 2009, Morgan County successfully replaced their HR Director position moving their professional-level HR support to HR Service, Inc. This change has resulted in significant cost savings and increased the quality of our HR practices and solutions. We have been very happy with the HR support received from HR Service, Inc. and strongly recommend their service.

Sid Creager

Morgan County Council Chairman

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