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Contentious COBRA Question Answered

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COBRA continuation coverage ends if the covered individual becomes covered by another group health plan. But what if the individual is already covered under another group health plan at the time he or she may elect COBRA coverage?

The U.S. Supreme Court has ended the disagreements in the lower courts over this question by ruling that the peculiar wording of COBRA requires that COBRA continuation coverage elections must be offered to qualified individuals even if they have other group health coverage at the time of the election. Thus, for example, if the individual otherwise qualified to make a COBRA election has coverage under the group health plan of the spouse's employer, the individual is nevertheless entitled to elect COBRA coverage. Geissal v. Moore Medical Corp. (U.S. Sup. Ct. June 8, 1998).

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