COBRA Question

arnguy

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If someone is involuntarily terminated and elects COBRA, and after a month or two wishes to sign up for IFP health coverage, does the 63 day rule still affect the new coverage with regard to pre-ex even though it is not group coverage?

Wow, that was a long sentence. Replies will be appreciated.

I assume the 63 day period will start at the termination of the group coverage, thus, even if on COBRA that window is not extended. Correct?
 
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still effect?

Really? Aren't you the dude that tweaks on the their-they're-there stuff?

Shyt happens, I can dig it.

I believe that COBRA still counts as creditable coverage, Arn... but don't quote me on that. I can be mistaken at times.
 
Health coverage is said to be “creditable” if it comes from any of the following sources and has not been interrupted by a break of 63 days or more (that is, if the person did not go without coverage for 63 consecutive days):
• Employer-sponsored group health plans;
• Federal or state employee benefits;
• COBRA continuation coverage;
• HMOs or other state-licensed health insurers;
• Association health plans (AHPs);
• Individual health plans;
• State high-risk pools;
• Public health plans (such as a plan offered by a state or by a foreign country);
• The Indian Health Service;
• Veterans’ benefits or other coverage for the uniformed services;
• Medicaid; and,
• Medicare.
 
COBRA is both group coverage and creditable coverage. If one elects COBRA but never pays the premium the 63 day window starts the day after their last day of employer coverage. Only if they elect and pay the premium do they preserve their HIPAA rights, unless they pick up other creditable coverage before the 63 day window expires.
 
make sure you check with your state's rules as well. They can vary slightly as to what products in their forms allow for wing walking (changing from one plan to another with no pre-ex)
 
I had a client tell me she was cancelled by her Cobra and it certainly wasn't anything near the 63 days. It seemed like 30, is that the case?
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COBRA can be cancelled for non-payment of premium, failure to elect on a timely basis, or cancellation of the underlying group plan.
 
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