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Your Employer’s Legal Requirements for COBRA Insurance

Posted on: April 7th, 2011 by Cobra Insurance Guide

Your Employer’s Legal Requirements for COBRA InsuranceIf you recently lost your job or quit your job and are curious about your employer’s requirement according to the COBRA (Consolidated Omnibus Budget Reconciliation Act of 1985), there are two main requirements you should be aware of so you can make sure that your employer is fulfilling their legal obligation.

First, your employer must provide an initial notice in which your rights and obligations in reference to continuing to receive health insurance coverage under COBRA.  This will explain exactly what COBRA insurance looks like for you and what it will take to enroll in COBRA insurance and continue to receive health insurance benefits under COBRA.

Secondly, your employer must provide a notice of qualifying events that explain exactly what the event was that triggered your loss of health insurance coverage.  This could be the voluntarily or involuntarily event that triggered medical insurance loss including quitting, being laid off, or having your hours reduced to a point that you no longer qualify for medical insurance.

If your employer does not satisfactorily provide these two notices, or mishandles the forms in anyway, there is a source for litigation and liability on behalf of the employer and/or health insurance provider.  If you believe these forms have been deficient, not provided, or mishandled in any way, you can contact should contact the Department of Labor and file an official complaint form and/or reach out to an attorney.

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