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COBRA questions (with answers) I have received via Email

My husband was terminated. He was given one year of medical coverage paid by the company with his severance package, under Cobra, if he signed a general release form, which he did. Our son was already scheduled for back surgery on 3/2/01, from a diagnosis of scoliosis made on 10/00.

The company told him the surgery would be covered, verbally, even if he obtained new employment. The termination date was 1/04/01. He has started a new job on 2/5/01.

the new employer agreed to enroll the family into their medical plan but not actually start coverage until after the surgery was completed and all associated costs paid for under the Cobra coverage. On 2/6/01, his old employer call saying now they will not cover the surgery because of the new job and the new employer has medical coverage.

Please advise me as to what to do, as he planned on using the Cobra coverage to cover the surgery because he is not yet covered under the new employers coverage.

The new employer just enrolled my family to protect us against being uninsurable later. According to his severance package letter, it only states we are covered for 12 months from 1/04/01 and does not say anywhere there were limitations on the coverage based on new employment.

We have copies of the severance letter as well as a letter from Corporate and Association Benefits, Inc stating we are covered for one year or until we are covered under a new employers coverage. Please advise us what to do.

Thank you.



So your old employer offered your husband COBRA but made the payments? The laws says John must make them, COBRA can lasts for up to 18 months regardless of any other arrangements you personally have for health coverage. YOU have to end the COBRA coverage, not the former employer, unless they simply stopped paying the premiums. Can you contact the insurance carrier or health plan administrator and get a copy of the cancellation notice?

This is an age old predicament. People break laws and agreements and think "so what?"

One thing you might do is look at the pre-existing clause in the new employers case. Why wasn't your son covered? Because the new employer didn't feel like it? Group coverage usually is put into effect without pre-existing conditions, although there can be a waiting period. I wonder why the new employer didn't want to have your son use the group coverage, since that's what he bought it for, right?

Craig Casey



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