If I sign up for Medicare Part B, can my COBRA coverage be terminated?

Question: If I sign up for Medicare Part B, can my COBRA coverage be terminated?

Answer : Not on the basis of Medicare entitlement. This issue also was clarified by the U.S. Supreme Court's decision in Geissal v. Moore Medical Corporation, 118 S. Ct. 1869 (1998). (See Q&A ID 6343). In general, an individual who first becomes entitled to Medicare benefits on or before the date that COBRA continuation coverage is elected, is entitled to elect and maintain continuation coverage without regard to his or her Medicare entitlement. (42 U.S.C. 300bb-2(2)(D)(ii).) A qualified beneficiary first becomes entitled to Medicare benefits upon the effective date of enrollment in either Part A or Part B, whichever occurs earlier. (26 CFR Sec. 54.4980B-7, Q&A-3.) Because you first became entitled to Medicare (Part A) before electing COBRA continuation coverage, your enrollment in Medicare Part B will not be your first Medicare entitlement. Therefore, it will not be a basis for termination of your COBRA continuation coverage even if you enroll in Medicare Part B after the election of COBRA coverage.
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