We have a situation where a former employee's physician called during the "election period" to see if former employee was covered, provider said yes, however, election period ended, without the former employee electing COBRA coverage, 4 days prior to the service provided by physician. Does anybody know of any case on point? Any guidance will be appreciated.

There are cases on point, if you do the research, and I'm pretty sure that the recently finalized COBRA regs deal with this issue.