Legal Question in Health Care Law in District of Columbia
Cobra
does an employer have the right to not give you the opportunity to recieve COBRA benefits when the company is disbanded?
1 Answer from Attorneys
Re: Cobra
Not sure what you mean by "disbanded." If your question regards the health benefits through COBRA it may depend on whether the company was self funded or through a commercial insurance company. If they had commercial coverage, the health insurance company can let you know what the COBRA premium is. If the health benefits were provided by the company by a self funding mechanism and the company literally dissolved or ceased to exist, then they will not have the assets to provide what they are requiored to provide. This can be addressed by you as a creditor of the company, but if the company is in bankrupcy, this can be a drawn out affair. If the company just "vanished," You may be out of luck.