COBRA stands for Consolidated Omnibus Budget Reconciliation Act. COBRA gives employees the right to keep and continue paying premiums for group health insurance after reducing their work hours, losing their jobs, or quitting their jobs. There must have been a qualifying event that would cause the individual or his or her family members to lose health coverage, such as job loss, death of the insured employee, a divorce or legal separation from the insured employee, or reduced employment hours. In most instances, people are able to keep the insurance for up to 18 months. In cases of divorce or separation, the coverage period may be extended to up to 36 months.
Federal law requires that employers continue making COBRA benefits available, even if an employee is involuntarily terminated due to inefficiency or poor performance. Prior to COBRA, employees who were laid off lost their health insurance right away. Thanks to COBRA, employees terminated for any other reason than “gross misconduct” may receive group health continuation coverage to bridge the gap while they’re in between jobs. COBRA also allows your family members to keep the insurance they have through your employer after a qualifying event that could cause them to lose the coverage.
Employers are responsible for making the initial payment, typically within 30 days of being notified that the employee has elected to continue coverage. However, it is the employee’s responsibility to cover the costs of continuing COBRA insurance coverage.
Getting fired or laid off from a job doesn’t have to mean the end of healthcare coverage. Both full-time and part-time employees are eligible to receive continuing COBRA benefits. Knowing your rights regarding insurance and healthcare coverage under COBRA is important. The experienced lawyers at Jones Law Group can inform you of your rights and work on your behalf to ensure that you receive the benefits to which you are entitled.
COBRA applies to practically all employers that have more than 20 employees. If you are laid off at a company with less than 20 employees, you will fall under Ohio continuation state law, which means that you may have the right to continue your employer’s group coverage for six months because you’re not eligible for COBRA.
If your employer hasn’t given you the proper notice or has terminated your healthcare coverage without notifying you, you may have a legal claim. The employment and COBRA attorneys at Jones Law Group in Columbus, Ohio represent clients who have been unlawfully denied of COBRA benefits. Our firm will stand up for your right to continued healthcare after you lose your job.
To speak with an attorney about COBRA insurance eligibility and get answers to other questions you may have, get in touch with Jones Law Group in Columbus, Ohio. We’ll provide you with information about your eligibility and help you file a COBRA claim for benefits. Call (614) 545-9998 or contact us online to schedule a free initial consultation with our team.
Q&A on COBRA Requirements
Employers that fail to send employees a proper COBRA notice may be required to pay employees up to $100 per day per beneficiary, plus attorney fees and damages. If you did not receive a proper COBRA notice give us a call for a free consultation at (614) 545-9998. Q1: What is COBRA continuation health coverage? […]READ MORE →
Mr. Jackson spent much time educating me about the law, the court system, and about the pros and cons of each decision I needed to make throughout this long, arduous process. He was patient, kind, and thorough … I could not have been represented better by anyone else.”