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Q: I recently left my job for a better job. My new employer tells me that they forgot to tell me there is a 90 day waiting period with their insurance. My old employer tells me that they do not offer cobra. They do offer a Tenn. continuation plan. With the new laws if we wait the 90 days even though we went from job to job. There is a loop hole to which they would consider a lapse in insurance. My daughter has a pre-existing condition. We can not afford to be without insurance for a year if they consider us lapsed. Is this legal do they have to offer cobra or because they offer the Tennessee continuation does this get them out of offering cobra?

A:  Most employers that do offer group health plans are required to comply with COBRA. Here is a list of those employers who do not have to comply.

1.  Government employers (they must comply with a similar law)
2.  Churches or church controlled employers
3.  Small business with less than 20 employees’

If your company has less than 20 employees than there plan called a mini COBRA plan that is offered to you by the state. COBRA is a federal law and does not apply to smaller companies.