Can a former employer legally delay COBRA health coverage?

UPDATED: Dec 14, 2011

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Can a former employer legally delay COBRA health coverage?

I have applied for COBRA Insurance with my previous employer however the company representative seems to be dragging their feet filing the claim. Yet I need to see a doctor and have no coverage. Is the fact that they seem to be delaying my claim legal?

Asked on December 14, 2011 under Employment Labor Law, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A former employer cannot delay a former employee's ability to obtain COBRA health insurance coverage after termination. If you have the contact of your former employer's health care provider, I would contact the claims representative to expedite the transfer process of your health care coverage from the employer to yourself so that you can get the health care that you need from the physician that you want to see.

In the interim, I would call your former employer about the delay with the insurance coverage transfer and follow up with a confirming letter to him or her keeping a copy for future reference and need.


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