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Q: It has been 59 days since my son's employer shows he 'exited' his job. His former employer has not been forthcoming with any information at all. (After several requests, last week they finally faxed me over some information only because I insisted.) I still have received nothing by mail with a postmark. When does our 60 day window start? Don't they still have to 'send' me information though the mail with a postmark? They also have changed insurance providers and have not given us any information on that. Is this also against the rules? And is it legal to increase my son's premiums from $120 per month to over $500 per month. I feel they are harassing him because he has a work comp claim against the company. Who can I file a complaint with that will panelize the company for not getting us any info within the mandated time frame?

A:  COBRA law requires the employer or plan administrator to mail the COBRA paperwork to the last known address of the employee.  COBRA allows them 45 days from the last day of group benefits to send you the paperwork. Once you receive the COBRA packet you must be given 60 days to elect COBRA.   The employer does have the right to change insurance carriers.  Most likely you won’t get the new ID cards and Summary of Plan Description until you elect COBRA.  The employee is responsible for paying the entire premium plus a 2% administrative.  Since the employer is not contributing to the cost of COBRA it can be expensive.  If you believe his employer has not complied with COBRA laws, you should contact the US Department of Labor at 1-866-487-2365.

If you are interested in an Alternative to COBRA, Click Here for more information.