Former Employer Avoiding COBRA Request: What to Do?
Understanding COBRA Coverage
If you find yourself in a situation where your former employer is avoiding your request for COBRA coverage, it’s important to understand what COBRA is and what rights you have as an employee. COBRA, which stands for Consolidated Omnibus Budget Reconciliation Act, allows employees to continue their health insurance coverage after leaving their job for a certain period of time.
Legal Obligations of Employers
Under COBRA regulations, employers with 20 or more employees are required to offer COBRA coverage to eligible employees and their dependents. If your former employer is deliberately avoiding your request for COBRA, they may be violating the law.
Steps to Take
If you believe that your former employer is not fulfilling their legal obligation to offer you COBRA coverage, there are steps you can take to address the situation:
- Document Your Attempts: Keep a record of all the times you have reached out to HR regarding COBRA coverage, including dates and methods of communication.
- Seek Legal Advice: Consider consulting with an employment lawyer to understand your rights and options in this situation.
- File a Complaint: If you believe your former employer is violating COBRA regulations, you can file a complaint with the Department of Labor.
Importance of COBRA Coverage
Maintaining health insurance coverage is crucial, especially if you have medical appointments or ongoing health needs. COBRA allows you to continue your coverage for a limited period, giving you peace of mind knowing that you have access to medical care when needed.
Final Thoughts
Being in a situation where your former employer is avoiding your request for COBRA coverage can be stressful, but it’s essential to understand your rights and take appropriate action. By documenting your attempts, seeking legal advice, and potentially filing a complaint, you can address the situation and ensure that you have access to the health insurance coverage you need.
It is possible the offices are closed. In many districts, they shut down the week prior to July 4th and the week of July 4th.
If you can’t get them on the phone, an in-person visit is likely in order.
If you are eligible for COBRA then your former employer has 14 days from your termination date to send you a notice of your COBRA eligbility including instructions on how to elect COBRA. If they miss that deadline they may be subject to financial penalities.
If you have not received that information after 14 days, plus a reasonable wait time for it to go through the mail, and are sure that you are eligible for COBRA, you should contact the US Department of Labor to file a complaint with the Employee Benefits Security Administration (EBSA). They will investigate and enforce compliance with federal regulations. If they investigate, determine that you should have been offered COBRA, and make the district offer it to you, the effective date for your coverage should be retroactive to the day after your prior coverage ended, meaning any medical bills from that time could be resubmitted to the carrier for processing.
More info and help here: [https://www.dol.gov/agencies/ebsa/laws-and-regulations/laws/cobra](https://www.dol.gov/agencies/ebsa/laws-and-regulations/laws/cobra)
Typically they can’t generate the COBRA paperwork until after your coverage terminates so if your health insurance didn’t terminate until yesterday, they couldn’t even get started on it until this morning.
Try not to panic.
The employer, if it’s one that’s required to participate in the “COBRA” scheme, has 14 days to provide you with “COBRA” information
You have 60 days (let’s say 59 days for financial solvency’s sake) post-loss of an employer-dependent health coverage product to enroll yourself in the “COBRA” scheme.
If you suffer medical/mental health care billing events during that 60-day period, you’d enroll yourself in the scheme, pay any past due premiums at 102% of the sticker price, and the product would pay whatever it was always going to pay toward those billing events.