Q.- We have an employee who is enrolled in Medicare and is now terminating employment. We know we have to offer him a COBRA election. If he elects COBRA coverage, will that coverage pay primary or secondary to Medicare? Our plan coverage had been paying primary when he was an active employee.
A.- It is likely that his COBRA coverage will be secondary to Medicare, unless he has Medicare due to end-stage renal disease and is in the initial coordination period. An active group health plan of an employer with more than 20 employees cannot coordinate with Medicare, but the same coordination rules do not apply when the coverage is not for an active employee.