Massachusetts Post-Employment Health Care Rights

Health Care:  The Consolidated Omnibus Budget Reconciliation Act (COBRA) allows employees to stay on their employer’s health care coverage after they have been laid off or terminated. 

Who is not eligible?  Certain employees are not eligible for COBRA.  If an employee acts recklessly, deliberately or intentionally in their misconduct, they can be denied health care benefits. 

What kinds of notice is an employee entitled to?

Initial or General Notice:  An employee must be given a notice, within 90 days, that they are covered.  Usually this is included with notice of the summary plan of benefits.

Qualifying Event Notice:  Either the employer or employee needs to notify the health plan provider that a qualifying event has occurred.  This notice must be sent within 30 days after a qualifying event.  A qualifying event is typically a lay off or termination.