The insurance is Blue Care. They said he could do that in open enrollment without showing a divorce decree. My spouse knew I needed a serious surgery as well.
Total Comments: 3
Posted: Sat Oct 09, 2010 05:24 am Post Subject:
Usually in the event of a legal separation, dependent coverage under a group health insurance policy may terminate. But you would have 60 days from termination to request continuation of coverage under COBRA for up to 36 months by paying 100% of the actual cost of dependent coverage under the group policy.
You should contact the person responsible for benefits administration at your spouse's employer. Your ex-spouse should have reported the separation and you should have been sent the required COBRA notices and disclosures.
If you believe there has been a violation of ERISA/COBRA as it relates to your coverage, contact the US Dept of Labor, Employee Benefits Security Administration. htttp://www.dol.gov/ebsa/
Posted: Sat Oct 09, 2010 07:37 am Post Subject:
But you would have 60 days from termination to request continuation of coverage under COBRA for up to 36 months by paying 100% of the actual cost of dependent coverage under the group policy.
Something still seems a bit confusing to me. Will this period of 36 months be counted from the date of termination? Or will it be counted from the date of request anytime during the 60 days?
Posted: Sat Oct 09, 2010 07:46 am Post Subject:
When the election to continue coverage under COBRA, it is continued from the date of termination, and the premium is paid retroactively to that date, so the 36 months starts at that point.
There can be extenuating circumstances such as when an employer fails to deliver proper notice of COBRA continuation privilege to a "qualified beneficiary" within the required time frame. The beneficiary then might be given the option to make coverage retroactive (useful if they've had an claims that would have been covered), or allowed to begin continuation coverage at the present time (which would make more sense if there were no claims events in the interim, relieving the beneficiary of having to pay a huge amount for retroactive coverage that is meaningless).
Posted: Sat Oct 09, 2010 05:24 am Post Subject:
Usually in the event of a legal separation, dependent coverage under a group health insurance policy may terminate. But you would have 60 days from termination to request continuation of coverage under COBRA for up to 36 months by paying 100% of the actual cost of dependent coverage under the group policy.
You should contact the person responsible for benefits administration at your spouse's employer. Your ex-spouse should have reported the separation and you should have been sent the required COBRA notices and disclosures.
If you believe there has been a violation of ERISA/COBRA as it relates to your coverage, contact the US Dept of Labor, Employee Benefits Security Administration. htttp://www.dol.gov/ebsa/
Posted: Sat Oct 09, 2010 07:37 am Post Subject:
But you would have 60 days from termination to request continuation of coverage under COBRA for up to 36 months by paying 100% of the actual cost of dependent coverage under the group policy.
Something still seems a bit confusing to me. Will this period of 36 months be counted from the date of termination? Or will it be counted from the date of request anytime during the 60 days?
Posted: Sat Oct 09, 2010 07:46 am Post Subject:
When the election to continue coverage under COBRA, it is continued from the date of termination, and the premium is paid retroactively to that date, so the 36 months starts at that point.
There can be extenuating circumstances such as when an employer fails to deliver proper notice of COBRA continuation privilege to a "qualified beneficiary" within the required time frame. The beneficiary then might be given the option to make coverage retroactive (useful if they've had an claims that would have been covered), or allowed to begin continuation coverage at the present time (which would make more sense if there were no claims events in the interim, relieving the beneficiary of having to pay a huge amount for retroactive coverage that is meaningless).
Add your comment