Question
What is the name of your state? Florida
I did not receive a statement/bill for my initial premium and now my former employer is advising me I am not eligible for the Cobra insurance I elected to have. I advised them I would pay my account to current and to pay ahead a couple of extra months.
Does anyone know what legal ramifications I have to reinstate my Cobra benefits since my initial premium is late and I've offered to pay the account current?
Answer
When was your last day at work? What date did your insurance end? Why didn't you receive the bill?
Answer
Participants generally must be sent an election notice no later than 14 days after the plan administrator receives notice that a qualifying event has occurred. It may take up to 30 days to receive an election notice.
Beneficiaries have 60 days to decide whether to elect COBRA continuation coverage and 45 days after electing coverage to pay the premium. Both events must occur for the individual to maintain rights to COBRA benefits. Coverage must be continuous and premium will be retroactive to the termination date for no lapse in benefits. Each qualified beneficiary may independently elect COBRA or mini-COBRA coverage. A covered employee or the covered employee's spouse may elect COBRA or mini-COBRA coverage for all other qualified beneficiaries.
Answer
The law does not require your former employer to bill you for COBRA payments and there are no provisions requiring them to reinstate you if you are late. It is YOUR responsibility to make timely payments. If you do not, it is legal for them to term your coverage and no law requires them to reinstate you.
Answer
Employers are not required to, and generally will not, bill you. It is up to the employee to see that the premium is paid within the required time period.