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Q: My husband was laid off and told by his employer that COBRA election papers would be mailed to him. To date, no forms have been sent. He had 2 children on his health insurance plan and was told he would be covered by the health plan until 02/29/08; we recently discovered that coverage was terminated on 01/31/08 when we received new insurance cards and got online to inquire about coverage. Is my husband's former employer liable for loss of health care coverage and liable for no COBRA election forms being sent?
A: Your employer or their plan administrator must mail you the COBRA paperwork with 45 days of your last day of group benefits. Once you elect COBRA the insurance is retro-active, it is a continuation of benefits without a lapse in coverage. If it has been more than 45 days and you have not received the COBRA election form, you should contact the US Department of Labor at 1-866-487-2365. They enforce the COBRA laws and could fine an employer for each day the failed to provide you with the paperwork. If you are interested in an Alternative to COBRA, Click Here for more information.
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