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| My previous employer is closing is that a 2nd qualifying event? |
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Q: My wife and I were both covered by a group health care plan and dental plan before I was laid off due to lack of project work. I am on Medicare but my wife's health care and both of our dental plans are under COBRA. Now the business is in more serious trouble and may close its doors. If this happens does the new qualifying event restart the COBRA clock or are we limited to the duration set by the original qualifying event? Also, the company has dropped below 20 employees. Can our COBRA plan be dropped or must it still be honored if the company stays in business? If the company goes out of business, who do we contact to ensure continuous COBRA coverage?
A: Under COBRA law it is not a qualifying event if your employer closes its doors. The amount of time you are eligible for COBRA is the 18 months that started when you were laid off. As long as your previous employer keeps the group health policy in force you will be able to continue on COBRA. However, if your previous employer no longer has a group health policy because they closed the doors, your COBRA continuation will end.
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