What Happens When Your Employer Doesn’t Send A COBRA Election Notice?

Someone told me that if I quit my job and my employer doesn’t give me a notice saying I can receive COBRA then they would have to pay for medical expenses that I have acquired since then. Is this true?

Your employer has up to 45 days (or 14 days during the national COVID-19 pandemic) from your last day of work or the last day your group benefits end to send you a COBRA election notice to enroll in coverage. During this time you will pay any occurred medical bills until the enrollment form gets processed. Then, you will be reimbursed based on the employer’s policy and limits from the insurance company.

If You Do Not Receive Your COBRA Paperwork

Your first step should be to contact the employer that the health insurance is through to obtain your COBRA enrollment forms. Reach out the Human Resources Department and ask for the COBRA Administrator. They may use a third-party administrator to handle your enrollment.

If the employer still does not comply you can call the Department of Labor at 1-866-487-2365. There are stiff fines for companies who do not adhere to the COBRA law.

Your Employer Has 45 Days To Notify You Of Your Choice To Choose COBRA Insurance

Typically, your former employer has 45 days from the date that your insurance had ended, to offer continuation of workplace health insurance. With the National Covid-19 Pandemic, the deadlines have change. The company you worked for now has 14 days to send you election notice. You then have until the end of the outbreak period to elect COBRA.

Employer No Longer Pays The Premium

Your previous employer is not responsible for your medical bills. If the employer’s health plan administrator doesn’t provide you the opportunity to elect COBRA coverage, by law, they will be fined by the US Department of Labor. When you continue on your former group health plan, you pay your portion, the subsidy the employer paid and a 2% administration fee.