Q.- An employee did not tell us that her child aged out of the dental plan when the child turned age 23. The carrier automatically terminated coverage for the child. Now, 6 months later, the employee told us and she wants to elect COBRA for the child. Do we have to give her the opportunity to continue coverage at this late date?
A.- You should consult your legal counsel, but probably not if the employee received a COBRA Initial Rights Notice when she became eligible to participate in the plan. The CIN puts the employee on notice that she must inform you of a child aging out of the plan. If she received this notice and did not inform you of the termination timely, you will have support for denying her the right to continue coverage under COBRA.