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  1. #1
    Join Date
    Jan 2008
    Location
    Baltimore, Maryland
    Posts
    19

    Default COBRA Notice Requirements

    I live in Illinois. I was working for a private employer and was enrolled in the health plan. I recently quit with good cause after 2 years. I never received any notice from my employer (or anyone else) about continuing health care coverage such as COBRA. I had assumed that I was not eligible because I quit. I called the human resources department to ask about it and they said I was eligible, but would not be sending me the forms as it was nearly 60 days since I quit. So my question is... did the employer violate some legal requirement concerning COBRA notice.

  2. #2
    Join Date
    Feb 2008
    Posts
    578

    Default Re: Question About COBRA Notice Requirements

    Possibly,

    "When you are no longer eligible for health coverage, your employer has to provide you with a specific notice regarding your rights to COBRA continuation benefits.

    Employers must notify their plan administrators within 30 days after an employee's termination or after a reduction in hours that causes and employee to lose health benefits.

    The plan administrator must provide notice to individual employees of their right to elect COBRA coverage within 14 days after the administrator has received notice from the employer.

    You must respond to this notice and elect COBRA coverage by the 60th day after the written notice is sent or the day health care coverage ceased, whichever is later. Otherwise, you will lose all rights to COBRA benefits.

    Spouses and dependent children covered under your health plan have an independent right to elect COBRA coverage upon your termination or reduction in hours. If, for instance, you have a family member with an illness at the time you are laid off, that person alone can elect coverage.
    "

    http://www.dol.gov/ebsa/faqs/faq_consumer_cobra.html


    And the fines can be pretty stiff for them not doing so. There was a company in Alabama, I think, fined $100K for not doing so.

  3. #3
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Question About COBRA Notice Requirements

    I would put in a complaint with the federal DOL - one of their agencies (The Employer Benefits Security Admin.) enforces COBRA disclosure & notice provisions.

  4. #4
    Join Date
    Jan 2008
    Location
    Baltimore, Maryland
    Posts
    19

    Default Re: Question About COBRA Notice Requirements

    Thank you so much for the information. I have to say that over the last month I had called the Carol Stream office for Prairie State Legal Services 19 times (yes I keep a log) to ask the same question. And no matter what day or time I called it was always the same message, “many others are already waiting and we will not be able to get to your call in a reasonable time... call back later.” Then you are politely disconnected.

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