Q:What if an employer has less than 20 employees but offers COBRA anyway (and it has been elected by other separated employees)... can they deny COBRA to an individual based solely on having less than 20 employees?
A:Normally with Cobra they don’t have to offer Cobra to employees if there is less than 20 employees, I am unsure of that situation.I would visit www.dol.gov/COBRA to verify that information, you can always speak with your Cobra administer the person handling Cobra benefits for your company and see what they say.They may be offered the State continuation, the mini-cobra because of the number of employees but you would have to talk to your State Department of Insurance to get the information to enroll into that.
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