Hello folks,
I have an odd problem. I am into the 11 month of COBRA. My spouse has open enrollment next month and I wish to go over to his insurance. His personnel manager says I can not do that until my COBRA expires. I have MS and she is well aware of this and concerned about my medical expenses. I need a link or help that can prove I can change coverage before my COBRA expires.

Laurellynne

If it's a true open enrollment you can do it. I would ask the HR Manager for proof that you can't. That always seems to work a little better.

As mroberts points out ask her for her proof. It is her duty to explain her denial of coverage or restriction on eligibilty not yours.

Thank you so much for your responses. I just received a telephone call from the labor board. He said if it was a private employer (spouse's) that they do not have to accept me until I exhaust Cobra coverage. However, my husband is employed by a municipality and therefore not under the labor board guidelines. He said the plan is monitiored by some outside agency, such as county, etc. I will need to call the personnel manager and inquire who that agency is. He also said these are guidleines, they could waive a restriction if they so desired.

Laurel

What do you mean by "labor board" and "labor board guidelines"? in addition, that "the plan is monitiored by some outside agency" has no bearing on the issue. What is important is what the Plan Dcoument and SPD (the governing documents) say, which is why we referred you to the HR Manager. We referred you to the HR Manager not for his/her opinion but for what the governing documents say. The governing documents are what set the guidelines (assuming they follow the law) and also which determines whether anything can be waived or not. These issues are not subject to anyone's personal opinion or whims as to what they desire or feel like waiving etc.

L: Whether your husbands insurance can delay your participation until the cobra period ends depends on the terms of the contract. Your husband should be able to get a booklet or description of benefits that will list the requirements for enrollment.