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As An Employee, What Are My COBRA Rights When An Employer Changes Plans?

I’m an ex-employee and a past company gave me notice of change in insurance carriers after the effective date of 12/1. At the END of the month, they changed their mind and changed plans 1/1. They couldn’t get all the paperwork done in time. They never canceled the first plan, just paid them late. Can they do that? What are my options? Was the company in compliance with COBRA rules?

A company, under COBRA is legally allowed to switch plans once per pre-set 12-month period. This means as long as they told you prior to the effective date of the new plan, they are within COBRA laws and are COBRA compliant. As far as paying late, if the carrier allowed them to keep the plan, that’s fine. Remember that with COBRA, if your past employer changes their group health plan during that time, then you, along with the rest of the active employees will have to switch to the new group health insurance plan chosen by the employer.

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