If an employee and family were not covered by the employer's group health plan prior to the qualifying event, what does COBRA state about their coverage?

• A. They are entitled to COBRA coverage rights immediately.
• B. They are not entitled to COBRA's coverage rights or notices.
• C. They may obtain COBRA coverage after 60 days.
• D. They may opt into COBRA retroactively.

Answer: (B)

COBRA continuation rights apply only to individuals who were enrolled in the employer’s group health plan on the day before the qualifying event. If the employee and their family were not covered by the plan prior to that event, there is no COBRA eligibility, and they do not receive COBRA rights or the notices about eligibility and election. In other words, COBRA cannot be used to extend coverage to someone who never participated in the plan. They would need to pursue other coverage options outside COBRA, such as through the individual market or another eligible employer plan if available.