Can terminated employees receive COBRA?

Asked by: Shanelle Bernhard  |  Last update: November 12, 2023
Score: 4.2/5 (24 votes)

As part of a severance agreement, some employers may subsidize or pay the entire cost of health coverage, including COBRA coverage, for terminating employees and their families.

Is COBRA offered to all terminated employees?

For “covered employees,” the only qualifying event is termination of employment (whether the termination is voluntary or involuntary) including by retirement, or reduction of employment hours. In that case, COBRA lasts for eighteen months.

Can you receive COBRA if you are fired?

When the qualifying event is the covered employee's termination of employment or reduction in hours of employment, qualified beneficiaries are entitled to 18 months of continuation coverage.

How long after termination can you get COBRA?

You have 60 days to enroll in COBRA once your employer-sponsored benefits end. Even if your enrollment is delayed, you will be covered by COBRA starting the day your prior coverage ended. You will receive a notice from your employer with information about deadlines for enrollment.

How do you get a COBRA after being fired?

How to get COBRA health insurance after leaving your job
  1. Leave a company with 20 or more employees, or have your hours reduced. ...
  2. Wait for a letter in the mail. ...
  3. Elect health coverage within 60 days. ...
  4. Make a payment within 45 days.

Everything you Need to Know about COBRA Insurance

20 related questions found

What disqualifies an employee for COBRA?

Under COBRA, a person who has been terminated for gross misconduct may be denied COBRA. Gross misconduct is not specifically defined by COBRA, but when based on an employer's practice or policy it could include misrepresentation during the hiring process or falsifying information on a Form I-9.

What is the grace period for COBRA payments?

Late Paying for Ongoing COBRA Health Insurance

But if you don't make your premium payment within the 30-day grace period, your coverage can be canceled permanently. You're still covered during the grace period, as long as you ultimately do end up making your payment by the end of the grace period.

How fast does COBRA kick in?

When Does Coverage Begin? Your COBRA insurance will start immediately after making your first premium payment. Once you elect to continue the employer group health plan, your benefits will be retroactive to the date your coverage would otherwise have stopped.

How can I avoid paying COBRA?

If you want to avoid paying the COBRA cost, go with a short-term plan if you're waiting for approval on another health plan. Choose a Marketplace or independent plan for broader coverage. Choose a high-deductible plan to keep your costs low.

What happens if you don't pay COBRA?

COBRA allows a 30-day grace period. If your premium payment is not received within the 30-day grace period, your coverage will automatically be terminated without advance warning. You will receive a termination letter at that time to notify you of a lapse in your coverage due to non-payment of premiums.

Who pays for COBRA when an employee is terminated?

(California passed a similar law known as “Cal-COBRA.”) Under COBRA, the group plan health insurance plan made available to terminated workers provides the exact same benefits as they would receive if they were still a member of the group, except that the employees have to pay the employer's cost of providing the ...

Can a company deny COBRA?

However, employees not enrolled in their employer's plan when fired are not eligible for COBRA coverage. This is another instance in which an employer can legally deny coverage. If you were not enrolled in their plan on the date you were terminated, there is typically little you can do to fight this.

How long does insurance last after quitting?

If you have an employment-based insurance plan, coverage typically ends on your last day of work or the last day of the month in which you quit. You may be able to continue receiving coverage through your employer health plan with COBRA for 18 months or longer, but this option is often costly.

Does COBRA cost more than regular insurance?

You should expect COBRA insurance costs to be substantially higher than what you paid as an employee because your employer is no longer required to pay a share. In 2022, employees paid an average of $111 per month for an individual plan and $509 per month for a family plan, according to KFF.

Can I cancel COBRA and get a refund?

Generally, there are no refunds when you cancel your plan early. You may contact your administrator or your past employer for specific insurance payment information.

What is a second qualifying event for COBRA?

Second qualifying events may include the death of the covered employee, divorce or legal separation from the covered employee, the covered employee becoming entitled to Medicare benefits (under Part A, Part B or both), or a dependent child ceasing to be eligible for coverage as a dependent under the group health plan.

What are the options instead of COBRA?

There are a few options besides COBRA health insurance: short-term medical coverage, long-term coverage via the special enrollment period, or switching to a spouse's coverage. These options are more affordable than COBRA, but often offers coverage that is inferior to the coverage offered through COBRA.

Are there alternatives to Cobra insurance?

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 ...

Why is COBRA not tax deductible?

You can deduct the cost of COBRA health insurance on your federal income taxes. But as with most types of health insurance, COBRA premiums are considered a medical expense and can only be deducted if you itemize your deductions and your medical expenses are greater than 7.5% of your AGI for the taxable year.

Does COBRA start automatically?

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. The employer's COBRA administrator is responsible for sending out an election notice with information about deadlines for enrollment.

Can you stay on COBRA after getting a new job?

You may stay on COBRA as long as you do not obtain a secondary insurance plan or become covered under your new employer's health insurance. The federal government's COBRA law allows workers to continue on the same plan they had when they working.

Can an employer pay COBRA premiums for an employee?

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.

How many months is COBRA retroactive?

COBRA is always retroactive to the day after your employer coverage ends. So, you'll need to pay your premiums for that period too.

Is COBRA 30 or 60 days?

If you are entitled to elect COBRA continuation coverage, you must be given an election period of at least 60 days (starting on the later of the date you are furnished the election notice or the date you would lose coverage) to choose whether or not to elect continuation coverage.

How do COBRA payments work?

COBRA is a federal law about health insurance. If you lose or leave your job, COBRA lets you keep your existing employer-based coverage for at least the next 18 months. Your existing healthcare plan will now cost you more. Under COBRA, you pay the whole premium — including the share your former employer used to pay.