Need answers regarding termination of medical insurance when job is eliminated in the state of Oklahoma?

Question

On my job for over 18 years and the 'official' reason for termination was job elimination. I was under the impression that my insurance coverage would last for 90 days after not employed and then I could begin Cobra. Is this not the law?

Answer 1

No, COBRA does not require any continuation at the employer's expense starting on your first day off work. COBRA is there to insure that you can continue coverage at your own expense as part of the group which you were covered under when you were employed.

Last I heard, you were guaranteed the group rate for twelve months, and another six months at non-group rate. Your employer must, under law, advise you concerning your COBRA rights.

Answer 2

Nope, it's not. Coverage lasts either until the last day of the month that you were employed, or the last day of employment, varies by employer. Then you have to pick up Cobra.

Answer 3

In general. The plan sponsor of each group health plan shall provide, in accordance with this part, that each qualified beneficiary who would lose coverage under the plan as a result of a qualifying event is entitled, under the plan, to elect, within the election period, continuation coverage under the plan.

The required continuation coverage in 29 U.S.C.A. § 1162 (West 1999), which provides in pertinent part:

The term ‘continuation coverage’ means coverage under the plan which meets the following requirements: (1) Type of benefit coverage. The coverage must consist of coverage which, as of the time the coverage is being provided, is identical to the coverage provided under the plan to similarly situated beneficiaries under the plan with respect to whom a qualifying event has not occurred. … (3) Premium requirements. The plan may require payment of a premium for any period of continuation coverage, except that such premium--(A) shall not exceed 102 percent of the applicable premium for such period, and (B) may, at the election of the payor, be made in monthly installments.

COBRA defines a qualifying event at 29 U.S.C.A. § 1163 (West 1999):

For purposes of this part, the term ‘qualifying event’ means, with respect to any covered employee, any of the following events which, but for the continuation coverage required under this part, would result in the loss of coverage of a qualified beneficiary: . . . (2) The termination (other than by reason of such employee's gross misconduct), or reduction of hours, of the covered employee's employment. . . . .

Answer 4

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