Laid-off hospital workers won’t get COBRA from Adventist Hospital
Adventist Health is not offering employees laid from jobs at South Coast Medical Center the opportunity to obtain group health insurance under COBRA, the federal law that requires most employers to provide access to group health insurance for employees who are laid off.
Adventist spokeswoman Alicia Gonzalez said the health care firm does not have to provide COBRA because it is a faith-based entity. Adventist Health Systems is affiliated with the Seventh Day Adventist Church.
Employees say that contradicts the employee handbook, in which COBRA is noted as a benefit, according to Mary Nobriga, a transportation employee who’s job will end Tuesday.Employees were informed that, as a faith-based organization, the hospital does not have to provide COBRA insurance, Nobriga said.
“As a faith-based organization, they should be more sensitive to people and take care of their employees,” Nobriga said. “It’s very contradictory.”
The Adventist health benefits offered to laid-off workers provide continued coverage for three months, but with services to be obtained at an Adventist facility, Nobriga said. After the three months is over, former employees must pay $400 a month for insurance and continue to use the Adventist facility.
Laguna Beach labor attorney Diana Cimino, who was asked to look into the issue by some of the laid-off workers, said Adventist may be on rocky ground in denying COBRA because the employee handbook she has seen lists COBRA among the benefits.
Cimino said the hospital may have a hard time claiming an exemption as a faith-based organization, because other church-affiliated hospitals she is aware of are not exempt from the federal law. There are many issues at play, she said, such as "How does the Adventist Church interface with the hospital?"Even if Adventist were exempt from COBRA as a faith-based organization, the fact that COBRA is listed in the handbook would obligate the health care firm to provide it, Cimino said.
Cimino said she doesn’t understand why Adventist would not provide the COBRA option, since the insurance is paid for by the employee, not the company.
“There is an administrative fee [for COBRA],” but no other costs to the company.
And there is a stiff penalty for not offering COBRA coverage — a fine of $110 a day.
Nobriga said employees were confused at a meeting held last month in which they were informed of the post-employment health benefit. “We were told ‘no COBRA,’ but the employee handbook says it in black-and-white,” Nobriga said. “When I talked to HR [human resources] they said to disregard the employee handbook.”

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Re: Laid-off hospital workers won’t get COBRA from ...
Re: Laid-off hospital workers won’t get COBRA from ...
The potential issue in this situation is that the hospital is using a faith-based exemption, provided to protect the religious interests of the institution, to achieve a purely secular purpose. Exploitation of these kinds of "loopholes" even if legally legitimate, and this one is suspect, tend to water down the value of religious exemptions as a whole.
In other words, "faith based exemptions" are not seen as a legitimate excuse for bad behavior. Of course, in this situation, there is a contract (i.e. employee handbook) that employees are asked to abide by - perhaps the institution should as well? If not, it should be made eminently clear that the alternative provides significantly more benefit to the employee, or the employee should have the option of choosing which program to follow.
It is a negative enough experience to be laid off, and this is amplified by this poor decision. In the future, publicity of these types of situations will likely lead to a "legislative correction" removing any religious exemption.
Also, these types of decisions, along with attempts to escape scrutiny for employment discrimination, etc., by claiming religious exemptions while preserving purely secular goals that non-religious entities cannot achieve, will cut against these institutions when it comes to warding off unionization, etc.
The hospital's decision in this case as described in the article may be for short-term gain but in the long-term will endanger goodwill and create exposure to further problems down the road.
Re: Laid-off hospital workers won’t get COBRA from ...
The news article seems to assume that continued access to the internal plan is not COBRA. Is it factual that offering continued access to an internal health plan (the same health benefit that the former employees previously had as employees) does not fulfill the legal demands of the COBRA law? It seems to me that the journalist is very remiss in making an assumption on this question without citing any evidence.
On the other hand, to use the religious exemption in this case (for a secular purpose, as Michael points out) is really, really bad ethics. It sounds like the kind of decision that gets made when you have too many lawyers and MBAs in the room and no one with a clear voice for God's will.
There is a larger issue here: The continued willfulness of the American people to maintain a unique health system that the rest of the world has found inefficient, too costly and unfair to the marginalized. Faith-based, nonprofit health ministries are forced by this system ("managed care") to behave in ways that are unethical, not really faith-representative and driven by profit-motive. These issues keep coming up in Adventist hospitals across the country and in many other nonprofit hospital systems. The American people (especially the politicians) are partly to blame because we cannot seem to bite the bullet and make the transition to a single-payer system such as operates in Canada and all the other industrialized nations on the globe. (And please don't trot out the propaganda about waiting, etc.; anyone who has been there knows that it is simply not true that the quality of service, the wait time, the rationing, etc., is any worse than what you get in America now. In fact, in many cases it is better.)
Re: Laid-off hospital workers won’t get COBRA from ...
Re: Laid-off hospital workers won’t get COBRA from ...
From the article:
"The Adventist health benefits offered to laid-off workers provide continued coverage for three months, but with services to be obtained at an Adventist facility, Nobriga said. After the three months is over, former employees must pay $400 a month for insurance and continue to use the Adventist facility. "
I don't get it, that is what COBRA is, after not being an employee you are allowed to pay the premium that you would have paid to get the health insurance as an employee. That lasts from 18 to 36 months depending on the employer and or disability.
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Q2: What does COBRA do?
COBRA provides certain former employees, retirees, spouses, former spouses, and dependent children the right to temporary continuation of health coverage at group rates. This coverage, however, is only available when coverage is lost due to certain specific events. Group health coverage for COBRA participants is usually more expensive than health coverage for active employees, since usually the employer pays a part of the premium for active employees while COBRA participants generally pay the entire premium themselves. It is ordinarily less expensive, though, than individual health coverage.
http://www.dol.gov/ebsa/faqs/faq_consumer_cobra.HTML
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Under COBRA, employers have the responsibility of notifying their covered employees, spouses, and dependents when they become eligible to continue coverage. COBRA coverage for beneficiaries must also be identical to that provided to similarly situated active employees and their dependents. The exception is that firms may charge COBRA beneficiaries up to 102 percent of the average employer cost of providing health insurance under its group plan rather than the rate that is nominally charged to active employees which is often highly subsidized. (The average COBRA premium is about $400 per month.)
http://www.iatrogenic.org/library/economics/Cobra.html
Re: Laid-off hospital workers won’t get COBRA from ...