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.  Many times, employers outsource these responsibilities. 

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 is required of an administrator?

Initial or General Notice:  For example, when they are hired plan administrators must provide notice in writing to a covered employee that he or she is covered within 90 days.  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.