[Posted for Josie K by Dave Baker]

posted 11-26-1999 11:42 AM

I hope that someone can help clarify this issue for me. A child born to a Cobra continuant is a qualified beneficiary and the continuant has 60 days to inform us of the birth of the child. Is the 60 day time frame correct? Or is the notification requirement limited to 30 days? Thanks

I can understand your confusion in this situation as I have also seen both of these dates used in differing publications. Another thought that registered with me was your referring to a COBRA continuant and not a COBRA qualified beneficiary. Only children born to or adopted by the covered employee or spouse can become a qualified beneficiary, i.e. a child born to a dependent child who has COBRA coverage will not be a COBRA qualified beneficiary. I'm not sure if this helps at all.

First, I believe the newborn is a QB only if the employee elected Cobra coverage. (i.e. not just the spouse of the former employee).

Second would'nt the time to notify be the same for Cobra continuees and active employees?

COBRA Regs. state that COBRA participants are given the same rights as active employees. Therefore, if the plan allows active employees to enroll newly acquired dependents without EOI during annual enrollment, the same option must be available for COBRA participants.

HIPAA also applies to COBRA plans in that a special enrollment period must be given for newly acquired dependents (birth, marriage, etc.). The same rules also apply as to the 30-day time limit with which to enroll these dependents.

So, the answer is they must enroll newborn child within 30-days of birth.