Which individuals who are not employees can still be qualified beneficiaries under COBRA if they participate in the group health plan?

• A. Agents, independent contractors, and directors who participate in the plan.
• B. Spouses only.
• C. Students on internship.
• D. Vendors with no plan access.

Answer: (A)

The idea being tested is that COBRA rights can extend to non-employee participants in the group health plan, not just to employees. If someone who is not an employee is enrolled in the plan and a qualifying event occurs that would cause loss of that coverage, they can elect COBRA continuation just like an employee would.

Agents, independent contractors, and directors who participate in the plan fit this scenario because they are members of the plan’s participant pool. They’re not employees, but their participation in the group health plan makes them potential qualified beneficiaries who may continue coverage after a qualifying event.

Spouses, interns, or vendors with no plan access don’t align with this concept in the same way. Spouses are typically considered qualified beneficiaries when tied to the employee, but the question focuses on non-employees who themselves participate in the plan; interns may not be plan participants, and vendors with no plan access aren’t part of the group health plan at all.