What the Employee Needs to Know About COBRA to Protect Himself and his Family

The first question from one just terminated from his job is: What is COBRA and what are my rights and my options. Congress passed the landmark Consolidated Omnibus Budget Reconciliation Act (COBRA) health benefit provisions in 1986. First of all, COBRA can only be offered to employees and or their dependents if the employer has 20 or more employees. An employer can not legally keep an employee on his insurance plan if he or she is not a full time employee unless he or she qualifies for COBRA benefits. The employee and or his dependents can only stay on the past employers plan for up to 18 months unless the employee was released do to a disability. In the case of a disability the employee can stay on the plan for up to 29 months. In the case of employee death, legal separation, divorce or separation, or if the spouse becomes entitled to Medicare, the spouse and dependant children are entitled to 36 months of coverage. If a dependant child looses dependant child status he or she would also be eligible for 36 months of continued coverage. The down side to the COBRA option is that if you develop a medical condition while on the plan you may not be able to get the individual plan of your choice. The other negative is that the employer can charge up to 102% of his cost for regular COBRA and up to 150% of the last 11 months if you qualify as being disabled. I know this seems backwards, but that