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| How long can a spouse have COBRA when the employee is entitled to Medicare? |
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Q: An Employee turned 65, signed up for Medicare part A. Signed up for Medicare Part B a few months later. Employer’s group plan for he and spouse was continued under COBRA at that time because they told me she was not eligible to be COBRA as a single. I have spent all these months proving she IS eligible for Cobra as a single, now they will not allow me to drop him so he can go totally on Medicare because they cannot afford this family coverage. She wants to remain on Blue Cross as Cobra until the 18 months expire. Who is right? This is driving me nuts and costing them a fortune!
A: If the employer has more than 20 employees, the employee, their spouse and dependent child are eligible for COBRA continuation. The spouse and dependents MUST be allowed COBRA even when the employee does not choose COBRA continuation for him/herself. Under COBRA law, when an employee is entitled to Medicare they are no longer eligible for COBRA but the spouse and dependents can keep the coverage and maybe be eligible for an additional 18 months for a maximum of 36 months. For more information about Medicare you can go to www.medicare.gov
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