We are not COBRA. For specific contract details about your current company policy, contact your health plan administrator.
In Reply to: Is there an exemption for an eligible beneficiary who is not mentally fit to elect COBRA benefits? posted by Brian on February 28, 2003 at 08:50:00:
Brian:
The Internal Revenue Service's 1999 final COBRA regulations specify that if a person is incapacitated then the COBRA election can be made on that person's behalf by someone else. The citation for this is Q & A #6, Section 54.4980B-6. The 1999 IRS COBRA regs are available at www.BenefitsLink.com.
Also, I note in your e-mail that your father has liver problems. Have you examined his rights to Medicare for end-stage renal disease?
Sincerely,
Matthew Vance
Matthew Justin Vance, Esq.
14 South Orange Avenue
South Orange, NJ 07079
(973) 313-0900
fax: (973) 313-0999
mvance@ErisaAdvisoryOpinions.com
: My father did not elect COBRA benefits after being terminated from his employment and has since been hospitalized for severe liver problems related to alcoholism. Being that I can't find a readable text of the COBRA statute or a comprehensive list of regs that could address this issue, does anyone have specific information about individuals that could be ruled unable to elect benefits on their own behalf.
: Thanks in advance,
: Brian