Q: If an eligible dependent (spouse) was disabled at the time of COBRA enrollment and remains legally disabled, are they eligible for the 11 month extension? Or, does the rule only apply to the Employee (policy holder)? Does the "disability law" allow an extension for both the Employee and the disabled spouse?
A: The HIPPA law states that all qualified beneficiaries, not just the disabled person, have the right to continue with COBRA coverage and take advantage of the 11 month extension. In compliance with the COBRA law, it is possible to extend the 18 months of coverage to a 29 months, if and individual has been determined disabled at the time of a qualifying event. HIPPA has modified the plan by allowing the 11 month extension to consist of those disabilities that may happen before or during that first 60 days of your COBRA coverage. You will need to contact the plan administrator before the end of the 18 month period. You must also notify the administrator no later than 30 days after the individual is no longer qualified as disabled by the law.
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