Hi All,
I need the benefits help. My husband is planning on taking a new job. If he takes the job the new company says that he'll be benefits eligible the first of the month after one month of employment.
Does the new federal law prevent us from having difficulties getting the new insurance if we DON'T elect COBRA during the lapse between insurance coverages?
NOTE: I realize we can retroactively elect COBRA. However my question is re: the pre-existing condition rules of if we'll have any issues getting new coverage if there's been a lapse (of not electing COBRA)?
Talk to your current health care insurance. When my husband left jobs, he was insured until the last day of the month in which he left the job. Wish we'd known that because he willingly left on the 28th of August. If he'd worked 3 more days until Sept. 1, he'd have been covered through the whole month of Sept. by the old insurance.
M.
You have 60 days to elect to pay for COBRA. So, don't pay the COBRA cost unless something happens that you need insurance coverage for, then pay the COBRA fee and you are covered.
Have your husband talk with the HR person at his new job, or you talk with them, to be absolutely sure about this. I have worked as an HR manager, and I often spoke with the wives of my employees about these details.
Unless something dramatically changed, I am sure it doesn't because even before the changes you had up to 60 days without coverage before there was a problem. The new law is supposed to help people get/keep coverage.
Under the Hipaa, not sure if I have the right letters in there, you are supposed to be okay if you do not exceed 63 days without group coverage. I researched this extensively when I was unemployed because my son has a pre-existing condition. Luckily, I found a job and had an overlap of 2 weeks for my new benefits and the last month of COBRA. If I had not taken COBRA, I would have needed to have benefits no later than 63 days from the last day of my group coverage. If you go beyond 63 days, they can claim preexisting condition and I think the limit may be 6 months that they do not cover the condition though that may just be by plan. You pay for insurance but it won't cover for whatever their time is.
