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| Employer Told Me Cobra Will Send me the Info |
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Q: What happens if my employer fails to send me the Cobra Info within 45 days after termination? Employer told me they do not send out Cobra info, that Cobra sends it to me. If I do not receive the info within 45 days, what is my previous employer’s responsibility? Can I sue? And will this delay affect any coverage?
A: Your past employer may hire a third party administrator that will be sending you your paperwork regarding COBRA. The employer has 30 days to get your information to the administrator, and then the administrator has 14 days to get the letters to you in the mail. The past employer is ultimately responsible for making sure that you receive those papers. If your employer has more than 20 employee's than they are legally responsible. There are penalties for non compliance. If you do not receive your information with in 45 days of the termination of your insurance you can call the Department of Labor at 1-866-487-2365.
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