How long can a terminated employee stay on COBRA?

Asked by: Libbie Zemlak III  |  Last update: November 27, 2023
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A plan, however, may provide longer periods of coverage beyond the maximum period required by law. 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.

Is COBRA 18 or 36 months?

You can collect COBRA benefits for up to 18 months. This may be extended to 36 months under certain circumstances. If your employer has 20 or more employees, it must follow COBRA rules. COBRA coverage follows a "qualifying event".

Can COBRA be extended beyond 36 months?

When consumers elect COBRA continuation coverage due to termination of employment or a reduction of hours, they are generally allowed up to an additional 18 months of group health coverage. In certain circumstances, consumers may extend COBRA continuation coverage up to an additional 36 months of group health coverage.

How does COBRA work if you are fired?

COBRA coverage lets you pay to stay on your job-based health insurance for a limited time after your job ends (usually 18 months). You usually pay the full premium yourself, plus a small administrative fee. Contact your employer to learn about your COBRA options.

Does COBRA start immediately after termination?

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.

Everything you Need to Know about COBRA Insurance

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What is the timeline for COBRA?

Qualified beneficiaries must be given an election period of at least 60 days during which each qualified beneficiary may choose whether to elect COBRA coverage. This period is measured from the later of the date of the qualifying event or the date the COBRA election notice is provided.

Does Cobra insurance kick in automatically?

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.

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.

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 far back can COBRA be retroactive?

Once COBRA is elected, the enrollee has 45 calendar days from the date of election to pay all retroactive premiums to the plan or its designee. The retroactive premium payment is the premium to cover the period from the date of loss of coverage to the date of election.

Can you get COBRA twice in one year?

You May Only Use COBRA One Time For Each Qualifying Event That Stops Your Health Insurance. COBRA continuation lasts for up to 18 months (in some situations a dependent can continue for up to 36 months) and is available each time your employer-sponsored health insurance would end due to a qualifying event.

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.

Can I extend COBRA beyond 18 months?

If you are entitled to an 18 month maximum period of continuation coverage, you may become eligible for an extension of the maximum time period in two circumstances. The first is when a qualified beneficiary is disabled; the second is when a second qualifying event occurs.

How many months of COBRA do I need for retirement?

Under COBRA, a retired employee can receive the same health insurance coverage for up to 18 months. But you must pay the entire premium - part of which your employer probably previously covered. In some cases, people who opt to use COBRA also have to pay an extra 2% to cover administrative fees associated with it.

What happens if I stop paying COBRA?

After Open Enrollment ends, however, if you voluntarily drop your COBRA coverage or stop paying premiums, you will not be eligible for a special enrollment opportunity and will have to wait until the next Open Enrollment period. Only exhaustion of your COBRA coverage triggers a special enrollment opportunity.

Do employers ever 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.

How does COBRA work with severance?

If an employee is leaving your company and you are putting together a severance package, be careful when including paying for the employee's COBRA continuation coverage. Many employers will offer to pay for three, six or 12 months of COBRA premiums on behalf of the terminated employee.

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 I buy COBRA if I quit?

You have 60 days to enroll in COBRA once your employer-sponsored benefits end. You may even qualify if you quit your job or your hours were reduced. Other COBRA qualifying events include divorce from or death of the covered employee.

What is the difference between state continuation and COBRA?

What is State Continuation? Similar to COBRA, State Continuation applies to businesses that employ fewer than 20 people. (COBRA applies to businesses employing more than 20 people.) Each state separately administers State Continuation laws, and there are some differences in rules.

Does COBRA mean fired?

The Consolidated Omnibus Budget Reconciliation Act, known as COBRA, is a federal law that allows employees to continue their employer-provided health insurance after they are laid off or fired, or they otherwise become ineligible for benefits (for example, because they quit or their hours are reduced below the ...

How does COBRA cost work?

Your monthly COBRA premiums (or payments) will equal the total cost of the premium under your employer-sponsored health insurance, plus a 2% administration charge.

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.

Why would I get a letter from COBRA?

Qualifying Event: At the end of your employment or because of reduction of hours (not maintain full-time status) you will receive this letter. It is VERY important that you review this letter and make your decision if you will need to continue your coverage through COBRA.