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A guide to COBRA insurance rules

May 04, 2020
Shamis & Gentile, P.A.
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Millions of Americans qualify for health insurance coverage under COBRA, but not many people understand the COBRA insurance rules or how this legislation actually works. Since both health insurance and job security are of pressing concern at the moment as result of the COVID-19 pandemic, it’s particularly important that you are familiar with the rules of COBRA. Shamis & Gentile P.A., a company of COBRA insurance lawyers in Florida, provide a brief, essential guide.

What is COBRA?

The Consolidated Omnibus Budget Reconciliation Act (COBRA) was passed by Congress in 1985 as a measure to allow employees to continue their health coverage while in between jobs. Before the law was passed, employees with employer-sponsored health insurance would immediately lose their health benefits after their employment ended. This left people, who might be facing indefinite periods of unemployment, without health cover before new employment could be secured. 

COBRA allows a kind of bridging cover between employers, ensuring continuity of health cover. COBRA provides cover for anywhere between 18 and 36 months, depending on the circumstances surrounding the termination of employment and income.

How do you get COBRA?

Employees who have health plans must be given notice of their eligibility to participate in COBRA within 44 days. The notification letter must inform employees of their rights and must contain details including the name of the qualifying plan that would continue under COBRA, the contact information of the plan administrators, a description of the event qualifying the employee for COBRA, identification of the potential beneficiaries and the date the current plan will end of the employee does not opt to be covered by COBRA. 

Some consumers do not receive these notices or they receive truncated notices from which essential, legally mandated information is missing. In these cases, the consumers in question are eligible to hire a qualified COBRA insurance attorney to file a class action lawsuit against your former employer for not complying with the rules.

If you find yourself in this position where your former employer has not complied with the COBRA insurance rules, contact Shamis & Gentile P.A., expert COBRA insurance attorneys in Miami, FL.

Submit a Class Action Claim

Submit a class action claim today; there are no associated fees or expenses unless we manage to win the case on your behalf.