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Important
Information About the Continuation of Coverage Notice
In
most cases, employees who become ineligible for group coverage are
able to continue their group health coverage for a specified time
at group rates. This option is required by federal and Missouri
state laws.
The
federal law is known as COBRA. It does not apply to employers with
fewer than 20 employees, plans for federal employees or church plans.
The Missouri law does not apply to self-insured groups and federal
employee groups.
The
Continuation of Coverage Notice provides detailed information about
the requirements for eligibility under both federal and state laws.
It also explains for eligible participants their rights and options
and the type, cost and duration of coverage available to them under
the COntinuation of Coverage provisions.
Continuation
Coverage May Be Available If Your Eligibility Ends
If
you become ineligible for coverage through your group, you may be
able to continue coverage for a time at group rates. This option
is required by federal and Missouri state laws.
The
federal law is known as COBRA. It does not apply to employers with
fewer than 20 employees, plans for federal employees or
church plans. Missouri law does not apply to self-insured groups
and federal employee groups.
If
an employer is affected by federal law, its provisions take precedence
over state law during the period its provisions are in effect.
If an employer is not affected by federal law, the provisions of
state law apply.
In
general, if your employer has fewer than 20 employees, state law
applies to you. State law also applies to church groups, regardless
of size.
Also,
certain persons may be eligible for additional Continuation Coverage
under Missouri law after they use up their Continuation Coverage
allowed under federal law.
Continuation
Coverage Under Federal Law
Under
the federal law, covered employees are eligible for continuation
of group coverage for up to 18 months in certain cases. They are
eligible if they would otherwise lose coverage due to any of the
following:
- termination
of employment (unless the covered employee was terminated for
gross misconduct),
- a
layoff, or
- reduced
hours.
Any
covered family members can also continue to be covered. They can
continue under the employee's coverage or they can apply for coverage
in their own name. If they are eligible due to an employee's termination,
layoff or reduced hours, a covered spouse and/or covered unmarried
children are only eligible for Continuation Coverage for up to 18
months. However, they are eligible for up to 36 months if they would
otherwise lose coverage due to any of the following:
- the
employee's death,
- divorce
or legal separation,
- no
longer qualifying as a dependent child due to marriage or reaching
the age limit, or
- the
employee becoming entitled to Medicare.*
*If,
within 18 months after becoming entitled to Medicare, an employee
ends employment or has reduced hours, the 36 months of Continuation
Coverage for covered family members will begin from the date the
employee became entitled to Medicare.
In
addition, non-Medicare eligible retirees and their dependents can
continue group coverage for up to 36 months if the employer declares
bankruptcy.
Extended
Coverage for Disabled Individuals and Their Eligible Family Members
In
certain cases, a disabled individual can extend Continuation Coverage
for 11 months beyond initial 18-month period.
The
additional 11 months will be available if the individual was disabled
when he or she became eligible for Continuation Coverage. It will
also be available if he or she becomes disabled at any time during
the first 60 days of Continuation Coverage. Eligible family
members are also entitled to the 11-month extension.
The
Social Security Administration must determine disability. Then,
this disability determination must be sent to us before the first
18 months of Continuation Coverage ends.
Cost
People
who choose Continuation Coverage can be charged up to 102% if the
cost of coverage.
For
a qualified disabled person and all covered family members who choose
to continue coverage beyond the initial 18-month eligibility period,
the employer can charge up to 150% of the cost of coverage.
Payment
must be made from the date coverage would otherwise have ended.
Coverage
An
eligible person may continue only hospital and medical/surgical
coverage. Or, the person may continue these benefits, plus additional
benefits available to others in the group (such as dental or vision
benefits).
Life
and disability coverages cannot be continued.
Independent
Choice
Each
eligible person is entitled to make an independent choice in regard
to Continuation Coverage. For example, an employee might
choose both core and noncore benefits. But a spouse or child might
choose only core benefits. Or the employee might choose not to take
Continuation Coverage. But a spouse or child could still continue
coverage for up to 18 months.
Second
Qualifying Event
People
who take Continuation Coverage can have another "qualifying
event" that may allow them to extend their coverage up
to a total of 36 months. The second qualifying event must occur
while the person has Continuation Coverage.
For
example, if an employee is laid off, the employee, covered spouse
and children may continue coverage for up to 18 months. Assume that
they take the coverage, and seven months later, the employee dies.
The surviving spouse and children would then be entitled to 36 months
of Continuation Coverage. However, the seven months during which
they already had coverage would be included in the 36 months.
Rights
People
who choose Continuation Coverage have the same rights as other group
members.
For
example, continuation participants can add dependents or change
coverage type, as other enrollees can.
Notification
The
employee or a family member is responsible for notifying the plan
administrator within 60 days after a divorce, legal separation or
a child losing eligibility.
The
plan administrator must notify eligible people of their right to
continue coverage by providing a Continuation of Coverage Notice
and a Continuation of Coverage Form. This will allow them to indicate
whether they want continued coverage.
60
Days to Decide
A group
participant must decide whether to continue coverage within 60 days
after coverage terminates or within 60 days after being notified
of eligibility, whichever is later.
If
a participant does not respond within 60 days, he or she will not
be eligible for Continuation Coverage. If Continuation Coverage
is elected, the person has 45 days in which to pay the initial premium.
Termination
In
certain cases, Continuation Coverage will stop before the time period
specified earlier. It will stop if any one of the following
situations is true:
- Premium
is not paid on time.
- The
person becomes entitled to Medicare.
- The
employer stops providing a group health benefits program for employees.
- The
person becomes covered under another group health program.
However,
if the person becomes covered under another group health plan, Continuation
Coverage would not have to terminate early if the new plan excludes
or limits coverage of any preexisting conditions for that person.
The
person's Continuation Coverage for all services, (not just services
related to any preexisting conditions) would not end until the original
eligibility period ends or until the preexisting conditions limitation
or exclusion ends, whichever occurs first.
Note:
Certain persons may be eligible for additional Continuation Coverage
under Missouri law. (see next.)
Continuation
Coverage Under Missouri law for Groups of 20 or More Affected By
Federal Law
Additional
Continuation Coverage is available under Missouri law for a covered
spouse and children of an employee whose group sponsor is affected
by federal Continuation Coverage and has 20 or more employees.
Who
is eligible
Additional
Continuation Coverage may be available for dependent spouses and
children if the employee's spouse will be at least 55 years of age
when their federal Continuation Coverage ends. Also, during the
time the spouse was on federal Continuation Coverage, the employee
must have died or the employee and spouse must have divorced or
legally separated.
Coverage
does not have to be provided for any family member who has not already
covered at the time federal Continuation Coverage ended.
Cost
For
this additional coverage provided under Missouri law, the person
may be charged up to 125% of the cost of coverage. Payment must
be made from the date coverage would have ended.
Coverage
Only
hospital and medical/surgical benefits must be offered to continuation
participants. The law does not require that optional benefits, such
as dental or vision benefits, be offered.
Notification
The
plan administrator must receive notice within 30 days of the employee's
death, within 60 days of the employee's divorce or legal separation
or before the 36 months of federal Continuation Coverage ends. The
notice must include the mailing address of the employee's spouse.
Then,
within 14 days, the plan administrator must notify the spouse of
the right to Continuation Coverage under Missouri law. The spouse
has 60 days from the date the notice and continuation of coverage
election from were mailed to return the completed form.
Termination
The
spouse can continue coverage until one of the following occurs:
- the
spouse fails to pay premium when due.
- the
group policy is terminated and no replacement is obtained,
- the
spouse becomes covered under any other group health plan, or
- the
spouse reaches age 65.
An
enrolled dependent child can continue coverage under the spouse's
program until one of the following occurs:
- the
child reaches the dependent age limit,
- the
child marries, or
- the
spouse's coverage ends.
Continuation
Coverage under Missouri Law for Groups Not Affected by Federal Law
If
group members are not eligible for Continuation Coverage under federal
law, Continuation Coverage is available under Missouri law for up
to nine months.
Group
coverage can be continued by the employee or by the employee's widow(er)
or divorced spouse. Covered family members may be included on the
membership.
An
eligible person who wants to continue coverage must have been covered
under the group program for at least the previous three months and
must not be eligible for Medicare or for another group program in
which he or she was not already enrolled.
Cost
People
who choose Continuation Coverage can be charged 100% of the cost
of coverage for the type of program they had previously. Payment
must be made from the date coverage would otherwise have ended.
Coverage
Only
hospital and medical/surgical benefits must be offered to continuation
participants. The law does not require that optional benefits offered
by the group, such as dental or vision benefits, be offered to continuation
participants.
Rights
Continuation
Coverage is available for the employee and a covered spouse and/or
children only when the employee's coverage ends due to termination
of employment.
A covered
spouse and children are eligible to continue coverage only if the
employee continues coverage, unless the employee and spouse divorce
or the employee dies.
Continuation
participants can add dependents base on the same rules that apply
to other group members.
Notification
Employees
are required to notify eligible persons in writing, no later than
the date on which coverage would otherwise terminate, that they
have the opportunity to continue coverage.
People
who want to continue coverage must submit their request in writing,
along with their first monthly payment, within 31 days of the date
coverage would have terminated.
Termination
If
a person chooses this continuation option, Continuation Coverage
would stop earlier than the time period specified above if any one
of the following situations is true:
- Premium
is not paid on time.
- The
person becomes eligible to enroll in Medicare.
- The
person becomes eligible for coverage under another group health
program, whether or not covered.
- The
employer stops providing a group health benefits program for employees.
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