If you have health
insurance through your employer or a family member’s
employer, you could lose it in one of the following
ways:
- The employer
terminates the plan.
- The employee leaves
his or her job or retires.
- You are covered
through your spouse’s employer and your spouse dies
or you get divorced.
- You are covered
through a parent’s employer and you become too old
to qualify as a dependent child or your parent dies.
When any of these things
happen, you have several options for obtaining new
coverage or, in some cases, continuing your existing
coverage. This brochure will explain your options, and
the advantages and disadvantages of each.
Employer Plans
If you change jobs, your
new employer may have a health insurance plan. Your
spouse’s employer may also have a health insurance plan.
Since employers often pay a large portion of the
premium, coverage under an employer’s plan may be your
best option. However, you should compare the benefits
and the cost of the employer’s health plan to the cost
and benefits of your other options.
See the
"Continuity/Portability" section of this brochure
beginning on page 5 for information on coverage of
pre-existing conditions.
Individual (Non-Group)
Coverage
Several insurers offer
health insurance to individuals or families. You may not
be denied coverage unless you are eligible for
Medicare. The Bureau of Insurance publishes a
Consumer’s Guide to Individual Health Insurance
that gives more information about these policies and
includes a list of insurers and sample rates. The
brochure is available on our web site (MaineInsuranceReg.org)
or by calling us at: 800-300-5000 (in state) or
207-624-8475.
See the
"Continuity/Portability" section of this brochure
beginning on page 5 for information on coverage of
pre-existing conditions.
Group Coverage for
Self-Employed Individuals
Any insurer that does
not offer individual coverage, but does offer group
coverage to small businesses (those with 50 or fewer
employees), must also offer group coverage to
self-employed individuals and their families, even if
they have no other employees. The Bureau of Insurance
publishes a
Consumer’s Guide to Small Employers’ Health Insurance
that gives information about available policies and
includes a list of insurers and sample rates. The
brochure is available on our web site (MaineInsuranceReg.org)
or by calling us at: 800-300-5000 (in state) or
207-624-8475.
See the
"Continuity/Portability" section on page 5 of this
brochure for information on coverage for pre-existing
conditions.
Medicaid and Cub Care
If your income is low
and you meet other eligibility requirements, you can
receive comprehensive health care at no charge through
Medicaid. Children not qualifying for Medicaid may
qualify for Cub Care. For more information on these
programs, call 1-877-543-7669 or your regional office of
the Department of Human Services.
COBRA
COBRA stands for the
"Consolidated Omnibus Budget Reconciliation Act." This
is a federal law that applies to employers that have a
health plan and have 20 or more employees. COBRA
requires employers to permit persons who lose their
eligibility for the plan to stay covered under the plan
at their own expense for a temporary period.
If you leave your job,
either voluntarily or involuntarily, you and any covered
dependents can stay on the health plan for 18 months. If
you were covered as a dependent, you can continue on the
plan for 36 months if:
- You are divorced or
legally separated.
- You become too old
to qualify as a dependent child.
- The employee
becomes eligible for Medicare.
Please Note:
COBRA coverage may end sooner than the 18 or 36 month
limit if the employer goes out of business or no longer
offers a health plan. However, if the employer changes
insurers, you will still be eligible under the new plan.
COBRA coverage may also end if you become eligible for
coverage through your new employer with no pre-existing
condition limitation. COBRA may not be available if the
employer’s plan uses a network of medical providers and
you move outside the area served by the network.
When you are eligible
for COBRA coverage, the employer must notify you. If you
want this coverage, you must respond within 60
days after the event that made you eligible (such as
termination of employment or the death of your spouse).
You will have an additional 45 days to make the first
premium payment.
If you choose COBRA
coverage, you must pay the full premium plus a 2%
administrative charge. The "full premium" includes not
only the amount you were paying for coverage under the
health plan as an employee, but also includes the amount
the employer was contributing.
At the end of the COBRA
period, you will be able to choose one of the other
options listed in this brochure, such as individual
coverage.
This is only a brief
summary of the provisions of COBRA. If you have
questions about this federal law, contact:
U.S.
Department of Labor
Pension & Welfare Benefit Administration
JFK Building Room 575
Boston, MA 02203
Telephone: (617) 565-9600
Continuation
If you are not eligible
for COBRA because your employer does not have 20
employees, you may still be able to continue your
coverage for up to 12 months under Maine State law. If
you terminate employment due to a temporary lay-off or
due to an injury for which you claim Workers’
Compensation, you can continue health insurance coverage
under your employers’ plan for yourself and/or any
covered dependents.
You must elect coverage
within 31 days following termination of employment. As
with COBRA, you must pay 102% of the full premium (full
premium plus 2% administrative cost). At the end of the
coverage period, you will be able to choose one of the
other options, such as individual coverage.
Continuity/Portability
of Coverage
Insured Plans
An insured plan
is a plan in which an insurance company or HMO is
responsible for paying covered health care costs for
participating employees and family members. The
insurance contract is regulated by the Maine Bureau of
Insurance if the workplace is in Maine.
Maine has a health
insurance continuity law to protect you when you change
health insurance plans. If you were covered under a
prior health plan, or a government program like
Medicaid, you cannot be denied coverage under the new
plan, and you cannot have any pre-existing health
condition excluded if it was covered under the prior
plan.
The continuity law
applies to all of the following situations:
- You were covered by
your former employer’s health insurance or
self-insured plan (either as an employee or through
COBRA) and within 90* days you go to work for a new
employer who has a health insurance plan.
- You were covered by
an individual policy or by Medicaid or another
government program and within 90* days you go to
work for an employer who has a health insurance
plan.
- Your employer
changes insurance companies.
- You were covered
under your employer’s health plan, you lost coverage
due to termination of the plan or due to termination
of employment, and you apply for coverage under your
spouse’s group health insurance plan within 30 days.
- You were covered
under your spouse’s group health plan, you lost
coverage due to termination of the plan or due to
your spouse’s termination of employment, your
spouse’s death, or divorce, and you apply for
coverage under your employer’s health insurance plan
within 30 days.
- You apply for
individual coverage, or for group coverage, within
90* days of the termination of your prior coverage.
The prior coverage may be group coverage, individual
coverage, an employer’s self-insured plan, or a
government program.
* The 90-day gap allowed
between periods of coverage is extended to 180 days if:
1) you lost your prior coverage due to unemployment; 2)
you received unemployment benefits; and 3) you are
employed when you apply for the new coverage.
Self-insured
Plans
Slightly different rules
apply if your coverage is a self-insured plan.
A self-insured plan is a
plan in which the employer itself is responsible for
paying covered health care costs for participating
employees and family members. Claims may be administered
by an insurance company, but there is no insurance
policy involved. A self-insured plan is not a health
insurance plan. Self-insured plans are generally only
used by larger employers.
Under federal law called
ERISA (Employee Retirement Income Security Act),
self-insured plans are exempt from state insurance laws.
However, they are subject to a federal law called the
Health Insurance Portability and Accountability Act (HIPAA).
HIPAA provides protections similar to Maine’s continuity
law. The primary differences are:
- The allowable gap
in coverage between when your prior coverage ends
and when you start work for the self-insured
employer can be no more than 63 days rather than 90
days.
- Enforcement of the
requirements under ERISA is the responsibility of
the U.S. Department of Labor rather than the Maine
Bureau of insurance. See the COBRA section of this
brochure for contact information (page 4).
It can be difficult to
determine whether your plan is an insured plan or a
self-insured plan. You may want to check with your
employer or plan administrator. If you are still not
sure, the Bureau of Insurance can help you. Contact us:
Write:
Bureau of Insurance
34 State House Station
Augusta ME 04333
Call:
800-300-5000 (in
state) or 624-8475
Visit our web-site:
www.MaineInsuranceReg.org
Printed Under
Appropriation # 014 02A 3041 012
August
2000 |