Is there a special period to elect COBRA coverage with the premium subsidy?

Yes, assistance eligible individuals who did not elect COBRA coverage during their 60-day election period (as of February 17, 2009) have an additional opportunity to elect coverage in order to take advantage of the premium subsidy. These individuals have 60 days from the date on which they are provided notice of the new election opportunity to elect coverage. Note that this special election period does not extend the period of COBRA continuation coverage beyond the original maximum period, which is generally 18 months after the qualifying event. If coverage is elected pursuant to the special election period, the coverage begins with the first period of coverage beginning on or after February 17, 2009, and includes no period prior to that date.

Preexisting condition exclusion. For those electing coverage pursuant to the special election period, the period beginning on the date of the original qualifying event and ending with February 16, 2009, must be disregarded for purposes of imposing preexisting condition limitations. In other words, an individual may still be covered for preexisting conditions even if any lapse in coverage exceeded HIPAA’s 63-day period.

For more about the notice requirements, see ¶42,568 .