Laws to Ensure Health Coverage Come With Twists for Consumers

There are a couple of five-letter federal laws — COBRA and HIPAA — that are meant to help health-care consumers but sometimes seem to do a better job of confusing them.

The laws often come into play when workers leave a job, switch a job or make some other change, like going part-time, that impacts their health benefits. Some readers have written to Out of Pocket, wondering what these laws mean for them. This column takes on a few of the issues.

COBRA lets many consumers continue to get the health coverage they had through an employer at the employer's rate, generally for up to 18 months after the employer coverage ends.

Getting that employer rate is supposed to be a benefit, but it may not feel like much of one. If the employer provides comprehensive insurance, it's not likely to be cheap. And COBRA consumers usually pay the entire premium, plus in some cases an additional 2%, without the employer shouldering any of the cost, according to the Department of Labor.

HIPAA is meant, among other things, to help ensure that consumers leaving the corporate-benefits nest can get some form of insurance when they're buying it on their own. The basic idea is to keep people from being denied coverage based on their health history. States have at least one or more insurers or programs required to accept so-called "HIPAA eligible" customers. You generally become HIPAA eligible when you've exhausted every other option – for example, your COBRA runs out. Even folks with a costly pre-existing medical conditions are entitled to coverage if they're HIPAA eligible.

All of which brings us to today's question. Robin Raff, of Walnut Creek, Calif., writes to the Out of Pocket inbox: "I am an independent contractor. After leaving my prior full-time employment I went onto COBRA. I am paying $320/month. I am quite healthy so I was wondering if it makes more sense for me to go off of COBRA and take out a high deductible, low premium health plan."

For Ms. Raff, ending COBRA coverage may make sense. But there's plenty to consider before going that route. Here are some tips for working COBRA and HIPAA to your advantage.

FIND OUT MORE
COBRA stands for the Consolidated Omnibus Budget Reconciliation Act. HIPAA is the Health Insurance Portability and Accountability Act. This Georgetown University Health Policy Institute web site lets you search for information on insurance in your own state. The Department of Labor also has consumer information, answers to frequently asked questions and more on HIPAA.

Don't end your COBRA coverage until you've secured your next plan.

Ms. Raff says she has done some research and has found one insurance plan that would cost her $185 a month – less than her COBRA coverage. Presuming the coverage suits her needs, it might be a better deal. But it's critical that Ms. Raff lock up the new coverage before ending her COBRA coverage.

Here's why. First, the actual price of $185 might end up higher. When consumers apply for their own coverage, insurers often require them to provide detailed information about her health history. People who consider themselves healthy may sometimes be surprised by what will lead insurers to reject them or increase their premiums.

Next, if you leave COBRA early, you give up HIPAA protection down the line – the guarantee of continued coverage post COBRA. That means, if this new policy doesn't work out, in most states you're on your own.

Say, for example, Ms. Raff were looking at a "short-term policy." These are policies that last for a set period, normally less than a year, that are often less expensive than COBRA. By going this route, you may have "stepped off the big ship into an iffy lifeboat," says Karen Pollitz, a Georgetown University Health Policy Institute project director who studies the individual insurance market.

As soon as you've ended your COBRA benefits in favor of a plan in the individual market – short-term or otherwise – you can't go back on COBRA, and you're no longer guaranteed to get coverage under HIPAA. If you get sick while you're covered by a short-term policy, it may be difficult to get a long-term plan later on.

Not everybody needs to rely on HIPAA.


By Sara Rubenstein
The Wall Street Journal Online
February 23, 2005