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Cobra notice in PA? Pennsylvania

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  • Cobra notice in PA? Pennsylvania

    My mom's job was eliminated today, July 31st, due to downsizing. Her employer said her health coverage is up as of today and she will receive notice re: Cobra within 2 weeks. So, she bascially has no coverage until she gets the info and process the application. Is this legal? Does your employer have to notify about Cobra before cancelling your benefits? Thanks!

  • #2
    That's not correct! If/when your mother receives her COBRA enrollment paperwork and paperwork is processed, coverage would be retroactive so that health coverage would be continuous. It's normal practice for an employer to notify the health insurer of terminations. Typically the health insurer will terminate benefits and "renew" if/when COBRA enrollments are received and premiums are paid.

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    • #3
      It is standard operating procedure to cancel insurance at the termination of employment and only reinstate it (retroactively, as robb says) when COBRA has been elected and the first check submitted. An employer is NOT required to give you COBRA information before you leave; in fact, they have up to 44 days after the termination of coverage to provide that information. She then has 60 days to make her election and, from the day she submits the election form, 45 days to send in her first check. Her employer is not obligated to reinstate coverage until they receive that check. She will not be without coverage if she elects COBRA, however, as the coverage MUST be reinstated back to the date of termination. I had someone reinstated just today retroactive to April 1.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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