May a qualified beneficiary (the mother) who had family coverage under an employer health plan elect COBRA coverage as a result of the employee's (the father) termination of employment and add a dependent (a baby born in November, 2003) that the father forgot to add either during the HIPAA special enrollment period or during the open enrollment period? The mother currently is covered under the employee's family coverage, as is the couple's first child. The second child (unfortunately) is not currently covered.
I think the answer is NO, until the next open enrollment comes around.
The plan permits enrollment of a new child (retroactive to the date of birth) in accordance with HIPAA and permits change of status elections within 30 days of the change of status. The question is whether the employee's voluntary termination of employment constitutes a change of status that would permit the mother to elect family coverage for everyone (no difference in cost and no difference in family coverage for three or more family members).