Can I elect COBRA and not pay?

Asked by: Prof. Favian Schmitt  |  Last update: April 22, 2025
Score: 4.5/5 (19 votes)

When you elect continuation coverage, you cannot be required to send any payment with your election form. You can be required, however, to make an initial premium payment within 45 days after the date of your COBRA election (that is the date you mail in your election form, if you use first-class mail).

What happens if I elect COBRA but don't pay?

There is no grace period if you're late paying your initial COBRA premium payment. 3 If it isn't paid on time (ie, within 45 days of electing COBRA), you lose your right to have COBRA coverage; you'll have to find other health insurance options or you'll be uninsured.

Do you have to pay for COBRA upfront?

Plans cannot require qualified beneficiaries to pay a premium when they make the COBRA election. Plans must provide at least 45 days after the election (that is, the date the qualified beneficiary mails the election form if using first-class mail) for making an initial premium payment.

Can I stop paying for COBRA?

If you are currently receiving COBRA coverage for which a premium is being paid and you wish to waive future coverage, you can simply refrain from paying the COBRA premium for that coverage period.

What are the disadvantages of COBRA coverage?

COBRA cons
  • COBRA can be expensive, especially compared to the premiums you were paying before your qualifying event. ...
  • COBRA does not apply to all employer-sponsored health plans—in particular, those organizations with fewer than 20 employees may have no requirements. ...
  • Even if you get an extension, COBRA is only temporary.

COBRA Insurance | What You Need to Know

23 related questions found

Is it worth paying for a COBRA?

While it may seem like a lot of money, COBRA may actually cost you less than what you'll pay on the open market. That's because you may still get your former company's group discount. You can also use a health savings account (HSA) to pay for your COBRA premiums. They're considered a qualified medical expense.

How much does COBRA cost for one month?

Based on plan and state, COBRA costs range from about $400 to $700 per month and are based on the following: Your previous monthly insurance contribution. Your recent employer's monthly insurance contribution.

What is the COBRA loophole?

If you decide to enroll in COBRA health insurance, your coverage will be retroactive, meaning it will apply to any medical bills incurred during the 60-day decision period. This loophole can save you money by avoiding premium payments unless you actually need care during this time.

Can I decline a COBRA?

You must decide to accept or reject COBRA coverage during a certain time period (usually 60 days after your employer notifies you). You must pay your monthly premiums or you can lose your coverage. Once you have used up all your COBRA benefits, you may be able to get an extension of coverage under Cal-COBRA.

Why is COBRA so expensive?

COBRA coverage is not cheap.

Why? Because you're now responsible for paying your portion of your health insurance: The cost your employer contributed to your premium, in addition to the 2% service fee on the cost of your insurance.

Can I ask new employer to pay for COBRA?

Yes, an employer can pay all or part of a former or current employee's COBRA premiums. Employers may do so as a means to assist an employee during a merger, acquisition, layoff, termination, temporary or permanent disability, retirement, or as part of a recruitment strategy.

Does COBRA kick in immediately?

An employee eligible for COBRA insurance must opt for it within 60 days of their employer-sponsored insurance termination date. The coverage starts the day the previous coverage ends.

What happens if you don't offer COBRA?

DOL ERISA Penalties — An employer is liable up to an additional $110 per day per participant if they fail to provide initial COBRA notices. ERISA can also hold any fiduciary personally liable for non-compliance.

Can you pay COBRA retroactively?

This period is measured from the later of the date of the qualifying event or the date the COBRA election notice is provided. COBRA coverage is retroactive if elected and paid for by the qualified beneficiary.

Who is not eligible for COBRA?

Why would an employee not qualify to enroll in Cal-COBRA? The employee is enrolled in or eligible for Medicare. The employee does not enroll within 60 days of receiving the notice of eligibility from the employer. The employee is covered by another health plan.

How late can you pay a COBRA?

The COBRA law allows for a 30-day grace period, after the premium due date, for paying or postmarking your premium.

Can you cancel COBRA by not paying?

Failure to make payment in full before the end of a grace period could cause you to lose all COBRA rights.

How does COBRA affect taxes?

Are my COBRA premiums deductible? Yes they are tax deductible as a medical expense. There isn't necessarily a “COBRA Tax Deduction”. You can only deduct the amount of COBRA medical expenses on your federal income tax in excess of 7.5% of your Adjusted Gross Income and then only if you itemize deductions.

Does not paying COBRA affect credit?

There is no debt with COBRA. Payment of COBRA premiums is at the option of the qualified beneficiary. Non-payment of COBRA premiums does not affect one's credit score.

How much does COBRA typically cost per month?

The average monthly cost of COBRA Insurance premiums ranges from $400 to $700 per individual.

Can I decline COBRA?

Decide not to participate in COBRA and apply for special enrollment through Covered California. Because you will be newly uninsured, you will qualify for special enrollment in a Covered California health insurance plan outside of the annual open-enrollment period.

What is the 105 day COBRA loophole?

So, if you maxed out the 60 day election period plus the 45 day payment period, you could actually go 105 days without paying for the coverage.

Are there alternatives to COBRA?

Instead of enrolling in COBRA continuation coverage, there may be other more affordable coverage options for you and your family through the Health Insurance Marketplace, Medicaid, or other group health plan coverage (such as a spouse's plan) through what is called a “special enrollment period.” Some of these options ...

Can I cancel COBRA and enroll in marketplace?

You can only drop COBRA and sign up for a Marketplace plan and premium tax credits during Open Enrollment.

Can I get COBRA for 3 months?

It highlights the flexibility in COBRA coverage duration, ranging from as brief as one month to as long as eighteen months for employees, and extends up to thirty-six months for dependents. This clarification ensures accurate information for individuals exploring their COBRA coverage options.