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Q: My wife's former employer is being very uncooperative. We have requested the COBRA forms and are still waiting for them, but the meantime they have discontinued our medical coverage. My wife is 7.5 months pregnant and having a high risk pregnancy. My wife needs some very expensive medication, and presently we are having to pay out of pocket due to the fact that the insurance has been discontinued, but we have not yet been offered COBRA and she requested the papers her last day of work. We can not afford to continue to pay her medication, but if she does not have it she could have some major medical problems, WHAT CAN WE DO???
A: Your employer is required by law to offer you the continuation of their group health policy for up to 18 months if there are more than 20 employees. You will need to request a COBRA packet from your employer, sometimes the HR dept or benefits manager. They will send you an election form in the mail (they have 45 days to send it) for you to complete. Once you complete this form and return it with in 60 days, your insurance will be retro-active to your last day of employment. You will not have any lapse or gap in coverage.
The types of qualifying events for employees are:
· Voluntary or involuntary termination of employment for reasons other than "gross misconduct"
· Reduction in the number of hours of employment
· The types of qualifying events for spouses are:
· Termination of the covered employee's employment for any reason other than "gross misconduct"
· Reduction in the hours worked by the covered employee
· Covered employee's becoming entitled to Medicare
· Divorce or legal separation of the covered employee
· Death of the covered employee
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