What is COBRA
COBRA stands for Consolidated Omnibus Budget Reconciliation Act which was
passed by the Congress in July, 1986 by amending the Employee
Retirement Income Security Act (ERISA), the Internal Revenue
Code and the Public Health Service Act, in order to ensure that
there is continuation of group health coverage that otherwise
comes to an end.
Who are eligible for COBRA
Normally three groups of people, referred to as beneficiaries,
are eligible for COBRA i.e. employees or former employees (retirees)
in private businesses; their spouses; and their dependent children.
One has to continue with COBRA for the whole time. Apart from
that, an individuals spouse or any of his/her children might
get enrolled in COBRA. In the event of forgoing COBRA, any one
of his/her qualified family member might choose to continue
with their health cobra insurance benefits under his/her erstwhile
employers plan. Employees serving in state and local governments
as also workers classified as independent contractors are also
eligible for COBRA. But there are certain exemptions to the
applicability of COBRA in the District of Columbia, federal
employees, some of the organizations linked with the church
and also in case of companies where there are less than 20 people.
The IRS rules indicate that employers should count part-time
workers into their employee fold in order to find out if they
can claim exemption. In order to be eligible under COBRA, one
must be covered under an employer health plan. If ones employer
has more than 20 workers in his payroll and does not offer health
coverage, or offers coverage just to some of the groups of employees
and excludes someone, he would not be eligible for COBRA even
if one of the qualifying events happen and his/her spouse or
children will not be eligible either. COBRA coverage of an individual
comes to an end when an individual :
(i) attains the final day of the maximum coverage (ii) irregularity in paying premiums happen (iii) employers stop any group health plan (iv) the employer shuts down his business (v) one gets coverage through another employer group health plan which does not have any exclusion or limitation as regards pre-existing conditions.
How does it work:
The law grants some degree of portability on individuals having health cobra
insurance provided by their employers. Under the provisions
of this law, employers who give a group health insurance plan
must offer employees who would lose coverage due to loss of
jobs or a reduction in the working hours the choice to continue
with their health insurance coverage for up to eighteen months.
COBRA permits up to thirty-six months of coverage in case of
spouses and dependent children whose coverage ends due to the
death, divorce of an employee or due to becoming eligible for
Medicare, and in case of children, it also allows for thirty-six
months of coverage who might otherwise lose coverage due to
their old age in order to maintain their eligibility as dependents.
These alterations in situations such as job change, divorce,
etc which would outcome in a loss of health are known as qualifying
events.
The period of coverage terminates in case the period of eligibility ends,
when an individual ceases to pay the needed premiums, or in
case the individual becomes entitled for group health insurance
from
another source, like from a different employer which does not
exclude preexisting conditions. Besides, people becoming eligible
for availing Medicare becomes disqualified for COBRA, even though
their dependents are able to maintain their coverage. Under
COBRA, it is the responsibility of employers to notify their
covered employees, spouses, and dependents when they become
eligible for continuance of their coverage. The coverage under
cobra insurance in case of
beneficiaries should also be identical to that provided to similarly
placed active employees and their dependents. However the only
exception remains that employers might ask for payment from
COBRA beneficiaries upto 102 percent of the average employer
cost of providing health insurance under its group plan instead
of the rate which is nominally charged to active employees that
is highly subsidized. It is seen that the average premium under
COBRA comes to about $400 per month.
Benefits of COBRA:
People who do not posses alternative sources of health insurance coverage
that are feasible, the acceptance rate of coverage under COBRA
is roughly around 65 percent. Therefore, COBRA is an important
source of health insurance coverage targeted at the particular
segment of population which is unable to get a health insurance
provided by the employer. Research shows that availability of
continuation coverage has raised the probability of insurance
coverage in case of people who are scheduled to retire early
and those whose age range between fifty-five to sixty four,
by at least 6 percent. Apart from the positive impact on insurance
coverage, COBRA has put considerable favourable effects on the
individual labor force behavior. In case of the most of the
full-time workers, employment and health insurance are both
sides of the same coin. Any change in employment, shifting between
jobs, becoming self-employed, attaining the age of retirement,
or lay offs will entail surrendering the health insurance provided
by ones current employer. Besides, there is a difference among
various insurance plans. Some possesses higher deductible compared
to others, while some need copayments, some give the insured
persons more choice in selecting physicians, while some of them
remove pre-existing conditions, some offer more services compared
to others. The variation in characteristics of the plan along
with the considerable divergence in the needs of the individual
mean that some people will accord a higher value on maintaining
their current employer-provided health insurance compared to
others. Nevertheless cobra insurance
permits individuals to maintain their health insurance which
they get from their current employer in case their current employment
situation undergoes a change.
Medical benefits available under the plan
The various medical benefits available under the terms of the plan to the
COBRA beneficiaries include: (i) Inpatient and outpatient hospital
care (ii) Physician care (iii) Other major medical benefits
inclusive of surgery (iv) Prescription drugs (v) Other medical
benefits like dental and vision care.
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