How to appeal a COBRA termination?

Asked by: Dr. Fredy Zulauf  |  Last update: January 26, 2026
Score: 4.7/5 (19 votes)

Your appeal must be submitted in writing and mailed or faxed to: Fax: (877) 220-3249 HealthEquity, Inc. 2. Your appeal must be received within 180 days of the date you receive notice that your COBRA coverage has been terminated or has not commenced.

What is the 60 day loophole for cobras?

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.

Can an employer terminate COBRA coverage?

If you fail to make any payment before the end of the initial 45-day period, the plan can terminate your COBRA rights. The plan should set due dates for any subsequent premium payments, but it must provide a minimum 30-day grace period for each payment.

Can COBRA be reinstated once cancelled?

Once COBRA coverage is cancelled due to nonpayment of COBRA premiums the enrollee will not be reinstated. If an enrollee is mentally or physically incapacitated to the extent that the person cannot pay the required premium, then the COBRA payment timeline will be extended.

What do I do if my COBRA is ending?

What to Do When COBRA Runs Out. It's important to act quickly if you need health insurance after your COBRA coverage ends. You only have 60 days to enroll in a Health Insurance Marketplace plan under the Special Enrollment Period, starting from the date you lost COBRA coverage.

🌟 5 Steps to Overcome Your COBRA Termination!

44 related questions found

How do I appeal a COBRA termination?

If you feel the non-commencement or termination of your benefits under the Federal COBRA regulations was in error, you have the right to file an appeal by writing a letter which explains why you believe the coverage should be reinstated.

Is COBRA ending considered a qualifying event?

Here are some examples of events that qualify as a loss of health insurance: Losing employer-sponsored coverage. Losing COBRA coverage.

How long does a COBRA take to reinstate?

Coverage under COBRA will be retroactive from your last day of coverage as an active benefits participant. This reinstatement normally takes between 5 and 10 business days from when your first full month of COBRA payment is processed.

What is the grace period for COBRA?

Is there a grace period? The COBRA law allows for a 30-day grace period, after the premium due date, for paying or postmarking your premium. Please note, 30 days does NOT mean 31 days. There is no way to extend the deadline, even if you are out of town or forget to make your payment.

Can you reactivate COBRA?

The option for COBRA continuation is only available through your most recent employer's group health plan. Once you cancel COBRA coverage for a new employer's plan, you can't reactivate COBRA from a previous employer.

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.

How to waive COBRA coverage?

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 right does the COBRA give workers whose employment has been terminated?

The Consolidated Omnibus Budget Reconciliation Act (COBRA) gives workers and their families who lose their health benefits the right to choose to continue group health benefits provided by their group health plan for limited periods of time under certain circumstances such as voluntary or involuntary job loss, ...

Who pays for COBRA after termination?

COBRA and Cal-COBRA

COBRA allows former employees, retirees, and their dependents to temporarily keep their health coverage. If you get COBRA, you must pay for the entire premium, including any portion that your employer may have paid in the past.

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.

Does health insurance end immediately after termination?

Employers aren't required to continue providing health insurance coverage after termination, so most workers lose coverage immediately or at the end of their last month of employment. However, most companies must allow you to stay on your plan through COBRA continuation coverage.

Can I cancel COBRA by not paying?

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). Failure to make any payment within that period of time could cause you to lose all COBRA rights.

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.

Is COBRA 18 months or 36 months?

In that case, COBRA lasts for eighteen months. If the qualifying event is the death of the covered employee, divorce or legal separation of the covered employee from the covered employee's spouse, or the covered employee becoming entitled to Medicare, COBRA for the spouse or dependent child lasts for 36 months.

What happens when your COBRA runs out?

What do I do when my COBRA runs out? Since the Affordable Care Act, running out of COBRA continuation coverage is now a “qualifying life event,” which means that you now have a “special enrollment period” in which you may enroll in an insurance plan outside of open enrollment.

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 far back can COBRA be retroactive?

Yes, you would be covered from the date of your retirement and lost coverage. COBRA is meant to do exactly that. Even if you elect for COBRA a month after you lose your coverage, COBRA works retroactively after you elect it, all the way back to the date of the loss of coverage as long as you make your premium payment.

Can I switch from COBRA to private insurance?

You can only drop COBRA and sign up for a Marketplace plan and premium tax credits during Open Enrollment. You will have to drop your COBRA coverage effective on the date your new Marketplace plan coverage begins.

Is FMLA a COBRA qualifying event?

The COBRA law states that a leave taken under FMLA is not a COBRA qualifying event, even when the employee's hours are reduced.

What are examples of a qualifying event?

Qualifying Life Events
  • Gaining a dependent or becoming a dependent through birth or adoption.
  • Getting married.
  • Applicant or dependent lost minimum essential coverage due to termination or change in employment status.
  • Cessation of an employer's contribution toward an employee or dependents coverage.