How long can a COBRA be backdated?

Asked by: Jennie Zieme  |  Last update: October 18, 2025
Score: 4.5/5 (6 votes)

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

How far back can you backdate a COBRA?

If the employee enrolls during the 60-day period, then there's no lapse in coverage because COBRA applies retroactively to the date the employee loses health insurance. So, for example, if employer-provided coverage ends on June 30, COBRA picks up on July 1.

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.

What is the time limit for COBRA?

Periods of Coverage

In most cases, COBRA coverage for the covered employee lasts a maximum of 18 months. However, the following exceptions apply: 29-Month Period (Disability Extension): Special rules apply for certain disabled individuals and family members.

What to do if you don't receive COBRA paperwork?

If you have not received that information after 14 days, plus a reasonable wait time for it to go through the mail, and are sure that you are eligible for COBRA, you should contact the US Department of Labor to file a complaint with the Employee Benefits Security Administration (EBSA).

When Does COBRA Insurance End? : Personal & Health Insurance Tips

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What happens if an employer never sends a 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.

How long do you have to send a COBRA notice after termination?

When the qualifying event occurs, for example when the employee is terminated or quits, the employer must notify the COBRA administrator within 14 days, and the administrator then has 30 days to notify the worker of their eligibility.

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 get COBRA after 60 days?

You have 60 days after being notified to sign up. If you are eligible for Federal COBRA and did not get a notice, contact your employer. If you are eligible for Cal-COBRA and did not get a notice, contact your health plan. If you miss the deadline, you may lose the chance to sign up for Federal COBRA or Cal-COBRA.

What is the timeline for COBRA?

60 days: The COBRA-eligible participant(s) have 60 days to enroll in coverage. If the COBRA-eligible participant does not elect coverage within 60 days after the notification, they are no longer eligible to elect.

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.

What is the average monthly cost of COBRA?

COBRA coverage is not cheap.

A COBRA premium can cost on average $400 to $700 a month per person.

What is the penalty for late COBRA notice?

The employer penalties for not complying with the COBRA:

The IRS can charge you $100 tax per day of noncompliance per person or $200 tax per day per family.

How long does my former employer have to offer me COBRA?

Your employer must mail you the COBRA information and forms within 14 days after receiving notification of the qualifying event. You are responsible for making sure your COBRA coverage goes into and stays in effect - if you do not ask for COBRA coverage before the deadline, you may lose your right to COBRA coverage.

Can a company extend COBRA past 18 months?

Individuals who are employed by California employers at the time they become eligible for COBRA continuation coverage and whose COBRA coverage would otherwise end in 18 months may, under Cal-COBRA, continue their coverage with the same group carrier or HMO for up to a total of 36 months.

Is COBRA cheaper than marketplace?

Both COBRA and ACA Marketplace plans have their advantages. COBRA lets you keep your exact employer-based plan but is often more expensive. ACA plans may be more affordable, especially with subsidies, but require choosing a new plan. The best choice depends on your financial situation and healthcare needs.

What is the grace period for COBRA payments?

How long of a grace period do I have? If your COBRA payment is not made in a timely manner, or within the 30-day grace period then you are risking termination of your COBRA rights and coverage.

How do you keep a COBRA for 36 months?

Second Qualifying Event - If you are receiving an 18-month maximum period of continuation coverage, you may become entitled to an 18-month extension (giving a total maximum period of 36 months of continuation coverage) if you experience a second qualifying event that is the death of a covered employee, the divorce or ...

Why is COBRA so expensive?

Why is COBRA more expensive than employer-sponsored insurance? COBRA is more expensive because the individual is responsible for the entire premium amount without the employer's financial contribution that is provided during active employment.

Does insurance end the day you quit?

When you leave or are let go from a job, your health insurance either expires on your last day of work or at the end of the month of your exit, says Andy Gillin, attorney and managing partner at GJEL Accident Attorneys. For example, if you quit on July 15th, your coverage usually continues until July 31st.

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.

What happens if you never pay COBRA?

If you fail to make any payment before the end of the initial 45-day period, the plan can terminate your COBRA rights.

Can you get COBRA retroactively?

Your former employer will send you details about how to sign up. They have 30 days from this qualifying event to let the COBRA administrator know of your election. Keep in mind that if you wait to enroll, you won't save any money. COBRA is always retroactive to the day after your employer coverage ends.

What happens if an employer doesn't send a COBRA?

Failure to provide the COBRA election notice within this time period can subject employers to a penalty of up to $110 per day, at the discretion of the court, as well as the cost of medical expenses incurred by the qualified beneficiary.

How much does COBRA typically cost per month?

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 2023, employees paid an average of $145 per month for an individual plan and $548 per month for a family plan, according to KFF.