COBRA-Divorce' adding New Spouse

jmcaa

We have open enrollment in September on our Self-Insured Health Plan. Can someone who divorced from an employee, elected Cobra coverage back in May, now during open enrollment add her new spouse to our plan?

That just doesn't seem right.......neither of them have worked for our company, but they both can be covered under our plan?

Does anyone know exactly where to find out if this can happen?

Thanks for all your help.

NaeNae55

[font size="1" color="#FF0000"]LAST EDITED ON 08-27-03 AT 04:32PM (CST)[/font][p]The divorced spouse is now a qualified beneficiary. As such the ex-spouse has the same rights as anyone else on the plan. The ex-spouse could have added her new husband when she got married, and can do so in an open enrollment period. The new husband, however, will not be able to stay on the plan if the marriage does not work out.

Good luck!

Don D

This would never happen; but, what if the spouse-woman who became COBRA covered and got married, on the outside, died, leaving her knew spouse (also on the outside) covered, and that widower got remarried. Would the new face in the crowd be eligible for coverage?

LindaS

My understanding of the COBRA laws are the same as NaeNae's.

jmcaa

[font size="1" color="#FF0000"]LAST EDITED ON 08-28-03 AT 03:11PM (CST)[/font][p]I called 1-866-444-3272 DOL and talked to Michelle Delecav about this. She did not think that was the intent of the Cobra Law. She said our responsibility to the Cobra covered ex-spouse is to let her know what changes there are to the Health Insurance Plan and whether the cost to her has changed.

I also mentioned that we have an employee who waived Cobra Coverage, but his spouse took Cobra. I asked if she could add him during Open Enrollment. She wasn't sure. I stated that if that person had originally waived Cobra Coverage then she should not be allowed to add him.

I just don't think that the intent of the Cobra law was for people to be able to waive coverage with one spouse accepting coverage, then turn around at open enrollment and then elect to be added on to the spouse's coverage. Doesn't make since to me.

What about the 60-day time limit on electing Cobra coverage? If you don't elect coverage in that time, the plan is no longer obligated to you. Seems to me that the DOL or whatever should go back and address these circumstances.

Thanks!

NaeNae55

Your new scenario with a spouse who elected, but not the employee, has me confused so I own't address that one. But as far as the original post case is concerned, I got the information from my manual from COBRA Compliance Systems. I remember in the seminar that they gave an example of an employee who termed and received 18 months for his family. His daughter then met the maximum age and received separate COBRA papers and was covered separately. When her father gained other employment, he dropped his COBRA, but the daughter still maintained hers. Then she got married to a man with a child. The man and his child were added. The ex-employee and his family were all qualified beneficiaries, but the daughter's husband and his child were able to have coverage even though they were not qualified beneficiaries (there was another name for them but I don't remember it). If the daughter dropped, her husband and child would have to be dropped too. Complicated, isn't it?

Good luck!