Consolidated Omnibus Budget Reconciliation Act (COBRA)
Throughout a career, workers will face multiple life events, job changes
or even job losses. A law enacted in 1986 helps workers and their families
keep their group health coverage during times of voluntary or involuntary
job loss, reduction in the hours worked, transition between jobs and
in certain other cases.
The law — the Consolidated Omnibus Budget Reconciliation Act
(COBRA) — gives workers who lose their health benefits the right
to choose to continue group health benefits provided by the plan under
certain circumstances.
COBRA generally requires that group health plans sponsored by employers
with 20 or more employees in the prior year offer employees and their
families the opportunity for a temporary extension of health coverage
(called continuation coverage) in certain instances where coverage under
the plan would otherwise end.
The law generally covers group health plans maintained by employers
with 20 or more employees in the prior year. It applies to plans in
the private sector and those sponsored by state and local governments.
Provisions of COBRA covering state and local government plans are administered
by the Department of Health and Human Services.
Several events that can cause workers and their family members to lose
group health coverage may result in the right to COBRA coverage. These
include:
- Voluntary or involuntary termination of the covered employee’s
employment for reasons other than gross misconduct
- Reduced hours of work for the covered employee
- Covered employee becoming entitled to Medicare
- Divorce or legal separation of a covered employee
- Death of a covered employee
- Loss of status as a dependent child under plan rules
Under COBRA, the employee or family member may qualify to keep their
group health plan benefits for a set period of time, depending on the
reason for losing the health coverage. The following represents some
basic information on periods of continuation coverage:
| |
Qualified Beneficiary |
Qualifying Event Period of Coverage |
Employee
Spouse
Dependent child |
TerminationReduced hours |
18 months * |
Spouse
Dependent child |
Entitled to Medicare
Divorce or legal separation
Death of covered employee |
36 months |
| Dependent child |
Loss of dependent child status |
36 months |
*This 18-month period may be extended for all qualified beneficiaries
if certain conditions are met in cases where a qualified beneficiary
is determined to be disabled for purposes of COBRA.
However, COBRA also provides that your continuation coverage may be
cut short in certain cases.
Source: http://www.dol.gov/ebsa/newsroom/fscobra.html