COBRA Question

Bruce

Expert
64
This relates to a personal relationship not through any business of mine. But it is interesting and since I never ran across it before and don't know the answer, I thought I'd post it here.

BACKGROUND

* Husband/Wife on Cobra effective 1/1/2012.
* Wife was the Employee
* No other coverage
* Event = Standard Termination of Employment
* Ages: 58 (h), 55 (w)
* Fully Insured group; 80 lives; Carrier BCBS-Illinois. Standard PPO product.
* Minor to moderate Pre-Ex
* They have had continuous group coverage through the Employer for 5+ years.

WHAT IS HAPPENING NOW

* Wife offered and likely to accept a 1-Year temporary, full-time position with start-up firm in Shanghai, China effective June 1, 2012.
* She is just the 2nd Ee to be hired after CEO
* Firm is a Joint-Venture 51% owned by Chinese interests; 49% owned by French multinational.
* Health benefits offered are through a Chinese carrier and look very modest; and pre-ex will be applied.
* After 1 year, they plan to return to U.S.

THE ISSUE

Can they stay on COBRA?

WHAT THEY HAVE DONE

1. Talked to BCBC-IL several times. No firm response.
2. Talked to Dept of Labor - Employee Benefit Security Administration a few times ... different responses each time

WHAT THEY ARE DOING NEXT

1. Consult an attorney.

=========================

WHAT I THINK

In my reading of COBRA and from what others have shared anecdotally, there appears to be nothing that would prevent them from keeping COBRA.

But obviously, it's a non-standard kind of issue and both I and others I've talked to could be wrong.

WHAT I AM ASKING OF FOLKS HERE

1. Generally speaking, opinions on whether COBRA be maintained if the Qualified Benificiary moves out of country?

2. Have they been barking up the wrong trees (BCBS-Customer Service and COBRA vendor and Dept of Labor-EBSA) in asking their questions?

I thought the situation was unique a bit interesting and one I do not know the answer to, so I thought I'd share it here.

I appreciate any and all comments or insights.

Thank you very much.
























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Best advice is to see an attorney.

My two cents is that they will not lose COBRA, but I caution that. Beneficiary lose COBRA due to 1) non-payment of premium, 2) employer ceases to maintain a group plan, and 3) qualified beneficiary begins coverage under another group health plan, as long as that plan does not impose pre-ex.

So, assuming the new plan is a group plan (which is questionable) they should be allowed to continue. But again, check with an attorney.

As for the 2nd question, I would never take the word of anybody you speak to at these entities. No offense to them, but they are not trained to understand the nuances (such as this) nor do they want to be out there on a limb. Personally, I don't blame them either.

Good luck.
 
Certainly nothing is preventing them from continuing COBRA. She issue at heart is how the plan will pay is she needs medical care in China.

Now, most plans cover foreign travel - some 90 days, some up to a year. However, those plans turn into pseudo indemnity plans when abroad where you file for reimbursement after the claim.

This typically means "cash on the barrel head" depending on the country. I might recommend international medical.

http://www.chinadaily.com.cn/china/2011-03/17/content_12184140.htm
 
Last edited:
Maybe suggest contacting peterson to look at their coverage options. The blues in most cases limit coverage for overseas to a short time, along with out of network limitations.

The other thing to realize in why the other plan seems weak... It's China, not Chicago that they're going to. Do not expect a similar level of quality in China as you would here. I would get a detailed check with local doc before I went anywhere else. If something needs to be fixed, fix it.

good luck. call peterson.
 
I'd watch the language in the BX contract. It might cover someone for "travel" but BX could possibly wiggle out of a claim by stating this wasn't travel, but they moved to China for a job.

Would this happen? Don't know - but it's how carrier lawyers probably think.

And just an observation - but if I had a medical event, China is the last place I'd want to be. Their entire health care system collapsed a few years back and is in a state of recovery.
 
Maybe suggest contacting peterson to look at their coverage options. The blues in most cases limit coverage for overseas to a short time, along with out of network limitations.

The other thing to realize in why the other plan seems weak... It's China, not Chicago that they're going to. Do not expect a similar level of quality in China as you would here. I would get a detailed check with local doc before I went anywhere else. If something needs to be fixed, fix it.

good luck. call peterson.

First, to everyone who responded, thank you very much. I will advise these folks to share all of the questions and issues mentioned here with their attorney.

LGilmore,
(or anyonne else who may know),

Can you provide me some contact information for Peterson?

Again, thank you for the responses.
 
[FONT='Palatino Linotype','serif']P[/FONT][FONT='Palatino Linotype','serif']ETERSEN[/FONT][FONT='Palatino Linotype','serif'] I[/FONT][FONT='Palatino Linotype','serif']NTERNATIONAL[/FONT][FONT='Palatino Linotype','serif'] U[/FONT][FONT='Palatino Linotype','serif']NDERWRITERS[/FONT]
23929 Valencia Boulevard Suite 215 • Valencia, CA 91355
P: 800.345.8816 •F: 661.254.0604
www.piu.org
 
I would advise the client to look into an International Policy.

Most US fully insured contracts will not cover the medical transportation back to the states. This can be a very costly flight.
 
I would advise the client to look into an International Policy.

Most US fully insured contracts will not cover the medical transportation back to the states. This can be a very costly flight.

True. There are many companies that cover people living &/or vacationing abroad. This is especially truc=e when the travel is < 1 yr. They even pay a little commission and you don't even need to be licensed.
 
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