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What are my rights under COBRA?

Woodbridge, VA |

I am a beneficiary on a health insurance plan. After a qualifying event, my health insurance was terminated and I was not notified. Do I have a legal case?

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Attorney answers 1


Will only apply if your employer had 20 or more employees and, if applicable to your situation, then you would be able to get coverage for 18 months (sometimes more under certain circumstances).

As to the notice issue -- Because COBRA is a federal law, the U.S. Department of Labor has jurisdiction over issues involving notification of COBRA coverage. Employers that fail to comply with the notification rules face fines for every day that no notice is sent after the deadline. In addition, the IRS can assess an excise tax against any company that does not comply with COBRA regulations.

My answer is not intended to be giving legal advice and this topic can be a complex area where the advice of a licensed attorney in your State should be obtained.