Complaint 7 of 9 in “COBRA or Coordination of Benefits”

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  • Insurance Carrier: Humana
  • State: KY

Consumer Complaint:

Am I entitled to continue my health insurance and my wife’s from my job after I leave my job?

Insurance Expert Answer:

There are 2 issues.

Is the employer's plan covered by COBRA?

Second, if so, does the employee have the right to maintain coverage if s/he pays for his/her coverage? The Federal law known as COBRA generally provides for rights for former employees and covered family members to continue group health coverage IF the employer is covered by the law.

Generally, a private employer's group health plan is subject to COBRA if the employer had 20 or more employees on more than 50 percent of its typical business days in the previous calendar year. Not all former employees of a covered employer are necessarily entitled to coverage. For example, if the reason for termination of employment was the employee's gross misconduct, the employee would NOT be entitled to COBRA coverage, not would the employee's spouse.

For further information on COBRA as of January 2009, see, although a series of proposals to significantly expand COBRA were also under consideration by President Obama and his team.

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