Job Loss Health Insurance: COBRA

Job Loss Health Insurance, also known as COBRA is to continue providing health insurance in the case of job loss. Should I get COBRA? Understanding COBRA requires familiarity with COBRA Law.

COBRA is a federal law that allows for workers to continue in their health care plans for a limited time once their employment ends.  COBRA is an acronym for Consolidated Omnibus Budget Reconciliation Act, an act which requires employers to make their current group health insurance available to workers who quit, are laid off or fired. It’s not a permanent solution, but continues the coverage for a set and limited amount of time after termination of employment. A worker can opt for continued coverage for 18 months.  If a worker dies, or if a worker separates from or divorces a spouse, the coverage can be extended for 36 months for that spouse and any dependents.  Illegitimate children and other dependents can also receive extended coverage.

Understanding COBRA: COBRA Law

To comply with the law, an employer must notify the worker and anyone else covered on that worker’s plan of their right to continue coverage.  Then the notified persons have 60 days to continue the coverage. If an employer doesn’t notify the employee of his or her rights under COBRA, daily fines can be imposed for each day of lost coverage and other damages can be awarded to the employee.

One exception to this rule is if a worker is fired for what is called gross misconduct.  Theft, violence and other situations over which a person may be fired make the worker ineligible under the COBRA law. The employer does have to prove that the worker was fired for gross misconduct and no other reason.

Should I Get COBRA?

If you’re not fired or laid off but the working situation is changed in such a way that you become ineligible for continued coverage under the current healthcare plan, you should contact the plan administrator, the personnel officer and a lawyer so that the legality of your situation can be examined and any COBRA rights you have can be enforced.

If you’re not notified immediately of your eligibility to continue your coverage under COBRA, or you’re refused such benefits, you need to speak to a lawyer about your rights. If an employer tries to pressure you into waving your COBRA rights, or doesn’t inform you until it’s too late to file the paperwork because the time allowed for you to claim your COBRA rights has passed, you can take legal action.

If you have an alternate or secondary healthcare plan that’s being cited as the reason your COBRA benefits are denied, or as the reason why you weren’t informed of your options, contact a lawyer immediately. And while being fired for gross misconduct will make you ineligible for COBRA benefits, the burden of proof that you actually acted in such a manner and was fired directly for that reason alone is on the employer. Sometimes employers will claim gross misconduct in order to deny a worker the extended coverage through COBRA. So if you’ve been fired and accused of gross misconduct, you should contact a lawyer to represent you and help regain your COBRA eligibility.

Have you been denied coverage through COBRA? If so, contact an Employment Lawyer today!

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