Can I have COBRA and later HIPAA health insurance coverage even though my new employer offers health insurance?

Business Insurance 2 views 3 answers
The health insurance of my new employer is terrible. I'd prefer to maintain my COBRA coverage. I think this is a great idea because if my old employer stops providing coverage, that would be a life-changing event. I could at least get terrible coverage as a backup. The DMHC says you can enroll in a HIPAA plan if "You do not have other health insurance, such as a group health insurance..." Can I stay with COBRA until it is done, then enroll in a HIPAA plan? I'd like to turn down the new employer's insurance each open enrollment period. Is this legal for me to do?

Attorney Answers

3
Marilynnmika Spencer ·
Your question is confusing. There is no such thing as a "HIPAA plan." The Health Insurance Portability and Accountability Act, 42 USC sections 201 et seq. (HIPAA) is a federal law that protects patient privacy by limiting the circumstances under which medical records can be disclosed: http://www.hhs.gov/ocr/privacy/hipaa/understanding/index.html. The Consolidated Omnibus Budget Reconciliation Act (COBRA) allows workers to continue their group health insurance under certain circumstances, for up to 18 months. Employees who continue their health insurance under COBRA will have to pay both their portion of the premium and the employer's portion. COBRA allows employees to be charged as much as 102 per cent of the cost of the coverage. http://www.dol.gov/dol/topic/health-plans/cobra.htm Many employers who provide group medical benefits have a designated period every year in which employees can enroll in the plan or change the plan. You may not be able to start coverage with your new employer's group plan at the time you want. It looks like you need to gather more information before you make any decisions.
0 upvotes
Frank Chen ·
I don't think you can do what you are thinking. If your new employer is offering you a group plan, you normally have to enroll in it when you become eligible for it at the beginning of your employment or during the open enrollment period. I don't think you have a choice to start coverage with your new employer's group plan whenever you want. COBRA, which allows workers to continue their group health insurance, doesn't continue on forever. It is limited to 18 months. I've never heard of a HIPAA plan. HIPAA is a federal law which protects patient privacy of medical records.
0 upvotes
Steven Zelinger ·
I agree with the prior attorneys that your question is a bit confusing. Also, COBRA is typically much more expensive than any employer sponsored plan even if it is "better." You might be better off stopping COBRA and waiving employer coverage if its that bad and purchasing privately. Of course that is dependent on your health and family situation.
0 upvotes

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