I carry the insurance for our family and have decided to switch jobs and take a few weeks off in between. As a result of the timing and eligibility for the new plan, we will have a period of a month and 1/2 w/out coverage. Do I need to buy COBRA to ensure Dan has uninterupted coverage. Or, is it ok to have a month 1/2 lapse? Does anyone know if this is a federal or state-by-state question?

I appreciate any help you can provide!

The number is different for different states but I think 6 weeks is right at the federal limit that is allowable maximum. I had this same problem. I would buy the COBRA to be absolutely sure as these insurance companies can come up with some real hum dingers. Some states allow insurance to declare a preexisting condition on the transfer after only a few weeks of non-coverage.

I would definitely check with your state insurance commissioner or a good independent agent before going uncovered.

From the U.S. Department of Labor website:

[quote]Is there a limit to the period of time I can go without coverage between jobs if I want to reduce the length of a preexisting condition exclusion?

Yes. The break in coverage between one period of health coverage and another can be no longer than 63 days (just over 2 months). If you are between jobs and do not have health coverage for 63 days or more, then you may lose the ability to use the coverage you had before the break to offset a preexisting condition exclusion period in a new health plan. [/quote]

About COBRA, also from the Labor Department website:
[quote]Q7: How long after a qualifying event do I have to elect COBRA coverage?

Qualified beneficiaries must be given an election period during which each qualified beneficiary may choose whether to elect COBRA coverage. Each qualified beneficiary may independently elect COBRA coverage. A covered employee or the covered employee's spouse may elect COBRA coverage on behalf of all other qualified beneficiaries. A parent or legal guardian may elect on behalf of a minor child. Qualified beneficiaries must be given at least 60 days for the election. This period is measured from the later of the coverage loss date or the date the COBRA election notice is provided by the employer or plan administrator. The election notice must be provided in person or by first class mail within 14 days after the plan administrator receives notice that a qualifying event has occurred.[/quote]
Since you have 60 days to elect COBRA once you receive formal notice that it is available, you may just want to wait and see if it is needed.

But I'd check with your state insurance office or some other unbiased (e.g. not trying to see you insurance) authority.

Margaret --

Here's a similar document from the Wisconsin insurance commissioner's office. Note that it says the break-in-coverage period is no longer than 62 days.

The state's information on COBRA is here. Note (bottom of p. 3) that it says you have 30 days to decide to get it. (Your former employer has five days to notify you that COBRA is available; you then have to decide to get it within 30 days of that notification.)

I still would check with the insurance commissioner's office to make sure the material is up to date.

Also,

As I remember, you have to present the COBRA notification letter from your former employer so don't lose it.

Personally, I wouldn't want to take the chance to save a few thousand dollars. If you can afford it, I'd buy it and sleep better.

Take care,
Eileen

maybe the illegals have the right idea/..

Maybe I should have used different words.