How do you know if you are subject to COBRA?
Asked by: Marta Crooks V | Last update: October 25, 2025Score: 4.5/5 (5 votes)
How do I know if I qualify for COBRA?
Find out if you are eligible for COBRA
COBRA eligibility has three basic requirements that must be met for you to get a continuation of coverage: Your group health plan must be covered by COBRA. A qualifying event must occur. You must be a qualified beneficiary for that event.
What plans are subject to COBRA?
COBRA generally applies to all private-sector group health plans maintained by employers that had at least 20 employees on more than 50 percent of its typical business days in the previous calendar year. Both full- and part-time employees are counted to determine whether a plan is subject to COBRA.
Is my company subject to COBRA?
Federal COBRA requires continuation coverage be offered to covered employees, their spouses, former spouses, and dependent children. Federal COBRA applies to employers and group health plans that cover 20 or more employees.
Does an employer have to offer COBRA if you quit?
Yes, You Can Get COBRA Insurance After You Quit Your Job
Known as the Consolidated Omnibus Budget Reconciliation Act of 1985, this legislation applies to employers with 20 or more employees. State-level Mini-COBRA laws extend similar requirements to small businesses with fewer than 20 full-time employees.
COBRA Insurance | What You Need to Know
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.
How much does COBRA typically cost per month?
COBRA coverage is not cheap.
A COBRA premium can cost on average $400 to $700 a month per person.
Who is not eligible for COBRA?
Indemnity policies, PPOs, HMOs, and self-insured plans are all eligible for COBRA extension; however, federal government employee plans and church plans are exempt from COBRA. Individual health insurance is also exempt from COBRA extension.
What is the penalty for not offering COBRA?
Penalties for Non-Compliance
Failing to adhere to COBRA rules can result in costly penalties. The Department of Labor may impose fines of $110 per day per qualified beneficiary for non-compliance with notice requirements, and the IRS can levy excise taxes for violations.
Does COBRA coverage begin immediately?
Assuming one pays all required premiums, COBRA coverage starts on the date of the qualifying event, and the length of the period of COBRA coverage will depend on the type of qualifying event which caused the qualified beneficiary to lose group health plan coverage.
What triggers COBRA coverage?
Divorce or legal separation of the spouse from the covered employee; or. Death of the covered employee. In addition to the above, the following is a qualifying event for a dependent child of a covered employee if it causes the child to lose coverage: Loss of dependent child status under the plan rules.
How do I calculate my COBRA payment?
Using the information provided in Box 12 of your most recent W-2 form, labeled Code DD, you will find the total annual cost of your employer-sponsored health coverage. To determine your monthly COBRA premium, divide this annual amount by 12 and include any applicable administrative fees, which may be up to 2%.
Is COBRA coverage worth it?
“If you're close to meeting your deductible on your current insurance plan and you have high health care costs, it may be worth it to temporarily stay on your COBRA plan,” explains Donovan. The same holds true if you're far into your employer plan's year and have already met your deductible.
Does everyone get COBRA?
However, not everyone is allowed to use the COBRA law to continue their health insurance. Understanding whether or not you're eligible for COBRA health insurance will help you plan for a secure future. Your current health plan must be subject to the COBRA law. Not all health plans are.
Is it better to use COBRA or obamacare?
ACA plans may offer significant cost savings through subsidies that aren't available under COBRA. By transitioning to an ACA plan, you can often find more affordable coverage without waiting until COBRA expires, giving you flexibility in managing your healthcare costs.
What to do if you don't receive COBRA paperwork?
First, you should contact your former employer's human resources department to request a new copy of the paperwork. They may be able to send it to you electronically or by mail. If you are unable to obtain a new copy from your former employer, you can also contact the COBRA administrator for your health plan.
When must an employer offer COBRA?
COBRA generally requires that group health plans sponsored by employers with 20 or more employees in the prior year offer employees and their families the opportunity for a temporary extension of health coverage (called continuation coverage) in certain instances where coverage under the plan would otherwise end.
What happens if employer never sends COBRA?
Employers who fail to comply with the COBRA requirements can be required to pay a steep price. Failure to provide the COBRA election notice within this time period can subject employers to a penalty of up to $110 per day, as well as the cost of medical expenses incurred by the qualified beneficiary.
Can I sue my employer for not offering me a COBRA?
In certain cases, yes, you can sue your employer for not offering COBRA. Employers are obligated to inform eligible employees about the availability of insurance coverage under COBRA and the requirement for employees to pay the full premium.
How to check COBRA eligibility?
Check with your state insurance commissioner's office to see if coverage is available to you. You may also be eligible for COBRA if you recently got divorced or legally separated (court-issued separation decree) or were a dependent child or dependent adult child who's no longer a dependent.
Am I eligible for a COBRA if I quit?
Whether you quit, get fired or are laid off, you may be able to choose your former employer's health plan under a federal law called COBRA. That stands for Consolidated Omnibus Reconciliation Act. It's available if: You were enrolled in an employer-sponsored medical, dental or vision plan.
How expensive is COBRA?
The average monthly cost of COBRA Insurance premiums ranges from $400 to $700 per individual.
What are the disadvantages of COBRA coverage?
- 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.
How do I find out how much COBRA will cost me?
If you want to figure this out on your own, ask HR how much your employer is contributing toward your monthly coverage. Then, check your pay stub to see how much you're contributing. After adding these figures, add another 2% (for the service fee). This will show you exactly how much you'll expect to pay for COBRA.
How long can I stay on COBRA?
While COBRA is temporary, in most circumstances, you can stay on COBRA for 18 to 36 months.