Is COBRA insurance canceled due to nonpayment?

Asked by: Cameron Harber MD  |  Last update: December 6, 2025
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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.

Is COBRA canceled for non payment?

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.

What is the penalty for not paying 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 automatically cancel?

Your COBRA coverage will cancel automatically as of the end of the last coverage period for which timely premiums were paid and received. For example, a qualified beneficiary who has paid for COBRA through the end of November wishes to cancel her coverage as of December 1.

When can a COBRA be terminated?

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.

🌟 5 Steps to Overcome Your COBRA Termination!

24 related questions found

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.

What are the rules for COBRA coverage?

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 happens when my COBRA coverage ends?

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.

How long does COBRA stay active?

While COBRA is temporary, in most circumstances, you can stay on COBRA for 18 to 36 months.

Does COBRA kick in if you 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.

Can I elect COBRA and not pay?

When you elect continuation coverage, you cannot be required to send any payment with your election form. 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).

What happens if an employer doesn't send 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.

Can I ignore COBRA coverage?

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. You must decide to accept or reject COBRA coverage during a certain time period (usually 60 days after your employer notifies you).

Do COBRA payments have a grace period?

After you are established on your COBRA coverage, ongoing monthly payments are due the first day of each month. There is a grace period of 30 days from the due date for ongoing monthly premium payments. If you mail your payment, it must be postmarked within the 30-day grace period.

What happens if your health insurance gets cancelled for non-payment?

Pay all your owed premiums to avoid losing your coverage before your grace period ends. If you don't pay all owed premiums, you may lose your coverage dating back to the first month you missed the premium payment. You may also have to wait to get health coverage.

Is COBRA paid in arrears?

Payment generally must cover the period of coverage from the date of COBRA election retroactive to the date of the loss of coverage due to the qualifying event. Premiums for successive periods of coverage are due on the date stated in the plan with a minimum 30-day grace period for payments.

Can COBRA be Cancelled at any time?

Yes, you can cancel COBRA coverage at any time. However, be aware that cancellation does not trigger a special enrollment period for new health insurance.

How do I know when COBRA is active?

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. For example, if employment ends on April 25, COBRA will pick up where the group health plan ends.

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.

When can COBRA be terminated?

Although minimum coverage periods are set by COBRA statute, employers are permitted to terminate a participant's coverage before the expiration of an applicable 18-, 29- or 36-month period upon the occurrence of the following specified events: Termination of all group health plans.

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.

Can I switch from COBRA to the marketplace?

From January 16-October 31: You can switch from COBRA to a Marketplace plan if: Your COBRA coverage is running out. You have to pay the full cost of COBRA coverage because your former employer stops contributing, or you lose a government subsidy (like COBRA premium assistance).

Can employers deny COBRA?

If the former employee is considered an eligible plan participant, then he or she would be a qualified beneficiary and entitled to COBRA coverage unless the second exception (denial based on gross misconduct) is applied. Under COBRA, a person who has been terminated for gross misconduct may be denied COBRA.

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.

Did not receive COBRA paperwork.?

What If I Did Not Receive a COBRA Election Letter? We recommend working with the employer's human resources department. Call and ask them to resend the health insurance continuation election form. They may refer you to their third-party administrator.