COBRA legislation floating in the House
Article Abstract:
Two health insurance coverage bills have been introduced to amend the post-employment coverage implemented under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), but it is unlikely that either will be passed in the 1995 session of Congress. The Working Families Health Access Act of 1995 seeks to require that COBRA beneficiaries be offered lower cost alternatives to the full-price continuation of health insurance coverage that had been available. A second bill would make termination or substantial reduction of medical benefits a qualifying event under COBRA.
Publication Name: Tax Management Compensation Planning Journal
Subject: Law
ISSN: 0747-8607
Year: 1995
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Dual coverage preexisting qualifying event precludes individual from purchasing COBRA coverage under employer's plan
Article Abstract:
The US District Court in Geissal v. Moore Medical Corp. found that a terminated employee was not entitled to continuing health care coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) because he was also covered by his wife's insurance. The court found that he would only have been eligible if his wife's insurance had significant exclusions or preexisting condition limitations. The court followed the 11th Circuit's interpretation of IRC section 4980B. The 10th and 7th Circuits have found that preexisting coverage does not preclude COBRA benefits.
Publication Name: Tax Management Compensation Planning Journal
Subject: Law
ISSN: 0747-8607
Year: 1996
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