by Guest » Sat Feb 23, 2013 10:32 am
I had been covered by the group health plan of my ex-spouse and he forgot to remove me post-divorce. Now, as the employer removed me as a ineligible dependent, will I be able to opt for COBRA, at least before I get my own coverage?
Posted: Sat Feb 23, 2013 04:39 pm Post Subject:
Now, as the employer removed me as a ineligible dependent, will I be able to opt for COBRA, at least before I get my own coverage?
That all depends on how long ago the divorce occurred.Under COBRA, a divorced spouse is entitled to a minimum of 36 months of continuation under the group insurance. If there was a "legal separation" applied for in the divorce action prior to the actual divorce, then the period of continuation begins at that point (initially for 18 months, but when the divorce becomes final, an additional 18 months would be tacked on to the end of the first 18 months). Simply living apart for six months before a divorce may be finalized is not a "legal separation".
Regardless of when your coverage was terminated by the employer, your period of continuation begins at the earliest of "legal separation" or "final divorce order". If you are past the 36 month point, you are no longer entitled to continuation.
The employer was supposed to notify you within 10 days of termination due to a qualifying event. You have only 60 days from termination to elect to continue. If the employer did not provide notice within the time required, and more than 60 days has elapsed since your termination, you would still have about 45 days from the date you were notified to make the election to continue.
So without knowing how long it has been since your coverage was terminated, I cannot precisely answer your question beyond what I have said above.
Posted: Mon Feb 25, 2013 09:53 am Post Subject:
First of all, thanks for the detailed information. It seems I'm entitled to the continuation after all.
I have certain pre-existing conditions and it might be difficult to obtain an individual plan for me. Can a guaranteed purchase option be of any help at this point?
Posted: Tue Feb 26, 2013 02:06 am Post Subject:
On or after January 1, when the PPACA is in full-throttle mode, guaranteed issue coverage will be a fact. You will be able to enroll through your state's health insurance exchange beginning on October 1, 2013, and may qualify for advanced tax credits to assist in paying the premiums. Coverage would become effective -- and premiums payments would begin -- on January 1, 2014.
Preexisting conditions will not affect your ability to obtain the insurance, but you could have a 90-day period during which they would not be covered. No way to tell you at this point in time because that's all in flux in most states as of today.
Until then, bite the bullet and pay the cost of the COBRA continuation for your existing health plan. When October 1 rolls around, you will be able to evaluate the "bronze - silver - gold - platinum" plans available in your state and their comparative cost. Your tax credit, if eligible, is not dependent on the plan you choose, it will be based on your 2011 or 2012 Modified Adjusted Gross Income ("MAGI") in relation to your household size, even if a single adult, and the Federal Poverty Level.
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