About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

1 1 (April 28, 2020)

handle is hein.crs/goveaxz0001 and id is 1 raw text is: 





Congressional Research Servke


April 28, 2020


Health Insurance Options for Terminated Employees


Many  Americans have health insurance coverage that is
provided through an employment setting. In light of the
economic repercussions of the COVID-19 pandemic, many
Americans may  be terminated from jobs through which
they receive health insurance. Such individuals may need to
identify another source of health insurance to remain
enrolled in plans that cover COVID-19-related services.

Three potential comprehensive coverage options for
terminated employees include the Consolidated Omnibus
Budget Reconciliation Act (COBRA)  continuation
coverage, individual health insurance coverage, and
Medicaid. An individual's eligibility for these coverage
options depends on a number of factors (e.g., economic
circumstances, family composition, federal/state policies).
Even if an individual is eligible for such coverage, the costs
associated with some options may be prohibitive given the
individual's loss of income due to unemployment.

This In Focus provides a brief overview of eligibility,
benefits, and costs associated with these different health
insurance coverage types. It primarily discusses coverage
options for terminated employees who can no longer access
their former employer-sponsored health insurance.

For married couples in which one spouse's termination
results in the loss of his/her (or his/her family's) health
insurance coverage, the spouse (or family) may be able to
enroll in coverage through the other spouse's employer if
the other spouse is working and his/her employer offers
health insurance coverage. In general, employers offering
health insurance benefits to their employees are obligated to
offer employees who were enrolled in coverage (not
sponsored by the employer) a special enrollment period
(SEP) in the event that the employee (and/or family) loses
his/her other coverage and meets certain criteria.

COBRA Continuation Coverage
COBRA   continuation coverage provides terminated
employees, their spouse, and their dependent children with
temporary access to a former employer's health insurance.

Eligibility
To be eligible for COBRA continuation coverage, an
individual must satisfy the following criteria: (1) work (or
be the spouse/dependent child of someone who works) for
an employer that must offer COBRA continuation
coverage, (2) experience a qualifying event, and (3) be
covered by his/her former employer's sponsored health plan
on the day before the qualifying event occurs.

All employers that sponsor health insurance benefits are
subject to COBRA  requirements, except employers with
fewer than 20 employees; church plans; and federal, state,


and local governments. In general, most large employers
will be subject to COBRA requirements as a result of being
subject to the employer shared responsibility provisions,
which incentivize large employers to offer health insurance
coverage to their full-time employees.

For COBRA   purposes, an employee's termination for any
reason other than gross misconduct is considered a
qualifying event for the former employee and his/her
spouse or dependent child if such event causes a loss in the
former employer's sponsored coverage.

A qualified individual must be allowed to elect COBRA
coverage within (at least) 60 days from the later of two
dates: the date coverage would be lost due to the qualifying
event or the date the beneficiary is sent notice of his/her
right to elect COBRA coverage.

Coverage
COBRA   coverage must be identical to the coverage
available to similarly situated active employees. This is
often the same coverage that the individual had prior to the
qualifying event.

For terminated employees, coverage generally may last for
at most 18 months. Employees may terminate their
coverage at any point, and employers may terminate
COBRA   coverage early for specified reasons (e.g., an
employer ceases to maintain any group health plan due to
going out of business).

Employers are not required to pay the cost of COBRA
coverage, though they may choose to do so. As such,
COBRA   continuation coverage may be more expensive
than other coverage options. Employers are permitted to
charge the covered individual 100% of the premium (i.e.,
both the portion paid by the employee and the portion paid
by the employer), plus an additional 2% administrative fee.

Individual Health Insurance Coverage
Individuals and families may purchase individual health
insurance coverage directly from an issuer in the individual
market. The individual market includes the health insurance
exchanges (marketplaces), but individuals also can
purchase coverage outside of the exchanges.

Eligibility
In general, individuals may purchase individual health
insurance coverage sold in the state in which they reside.
For exchange coverage, state residents also must be citizens
or have other lawful status, and they must not be
incarcerated (except those pending disposition of charges).


https://crsreports.cong ress.gov

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most