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Re: [IP] Previous COBRA misinformation.

By Federal Law, you are allowed a break in coverage of not more than 63 days.
 This is a part of the Consolidated OmniBus Reconciliation Act of 1986
(COBRA.)  This is a FEDERAL LAW...it cannot vary based upon the state in
which you live.

In the original COBRA Act everyone was granted 44 (or so) days to elect
continuity of coverage under their current plan.  There would be no break in
coverage and the person could continue that coverage for 18 months regardless
of the reason for their separation of employment (unless that reason could be
proven to be 'gross misconduct'...which no one can define clearly and would
be next to impossible to prove anyhow.)  In the amended HIPAA Act just a few
years ago, an employee with preexisting conditions was not subject to the
'preexisting conditions/limitations, etc.,' if they had continuous coverage
with a break of no more than 63 days.  That is why when you leave a job, you
will get the HIPAA sheets within a few weeks of separation from the company.
You simply cannot be denied coverage for ANY preexisting condition unless you
coverage lapses more than 63 days.  The 63 days deadline comes from the fact
that MOST people do not leave a job exactly at the end of any given month.
So if your last day was Friday, April 13, and you start your new job the next
Monday on April 16, then you would most likely have coverage through the end
of the month (most reputable employers have this policy.)  So you could go
without coverage for the entire month of May and June, with new coverage from
your new employer starting on July 1 and they could not subject you to the
preexisting condition clauses.  This is where you would submit to them the
copies of your HIPAA sheets to prove continuing coverage.  At the very most,
if you did not become effective on the new plan until August 1st (some
employers start their benefits 'the first of the month after your initial 90
days,) then all you would have to pay out for COBRA coverage would be for the

I know the COBRA laws as I did challenge a former employer who denied my my
COBRA rights and won in court.  And the info is out there for any person who
does the research.

Most insurance companies are not tricky.  They must follow the Federal law.
For more information, go to


Roxanne Villanueva  RD, LD
Registered and Licensed Dietitian
Cleveland, Ohio
IDDM X 18+ years, Pumping since 1/4/1995.
(First with Disetronic, now with MM 508 and much happier!)
Remember...Diabetics are naturally sweet!
e-mail: email @ redacted

'Diabetes is a disease of complications waiting for them to happen.' - - -
Mary Tyler Moore

In a message dated 6/25/2001 11:28:54 AM Eastern Daylight Time,
email @ redacted writes:

> Insurance companies are very tricky and when I changed jobs, one
> ended insurance on Friday at midnight, but I was not covered til
> Monday and I was almost denied continual coverage because it
> was classified as a break in coverage.
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