Is COBRA mandatory in Texas?

Asked by: Jacky Jerde  |  Last update: February 11, 2022
Score: 4.5/5 (5 votes)

Texas law 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 are COBRA laws in Texas?

Texas "COBRA" law - the Small Employer Health Insurance Availability Act requires health benefit continuation rights for employees (and their beneficiaries) of company health plans if the company has two to 50 employees; the state law is very similar to the federal law, but with a shorter benefit continuation period ( ...

Does Texas have state COBRA?

Under Texas state continuation, you and your family may remain covered under your former employer's health plan for up to nine months if you are not eligible for COBRA. ... State continuation applies only to group health benefit plans issued by insurance companies and HMOs that are subject to the Texas Insurance Code.

What happens if I don't elect COBRA?

There's a minimum 30-day grace period for late premium payments, so the plan cannot terminate your coverage if, for example, you're 10 days late in paying your premium one month. 5 But if you don't make your premium payment either on time or within the 30-day grace period, your coverage can be canceled permanently.

Are employers required to pay COBRA?

Employers Required to Pay Premiums for COBRA Continuation Coverage Until At Least September 30, 2021. Employers in the U.S. should remember that they may be required to pay for employees' COBRA coverage this year.

COBRA HEALTH INSURANCE EXPLAINED: I Lost My Job! Is COBRA an Option Now That I'm Unemployed?

26 related questions found

What are the rules for Cobra insurance?

You must meet three basic requirements to be entitled to elect COBRA continuation coverage: Your group health plan must be covered by COBRA; • A qualifying event must occur; and • You must be a qualified beneficiary for that event.

Does an employer have to offer COBRA if you quit?

Yes, You Can Get COBRA Insurance After Quitting Your Job

According to the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), companies with 20 or more employees are required to allow workers to keep their health insurance coverage, if that coverage 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.

Who is responsible for sending COBRA notice?

As an employer, you are responsible for notifying your former employee of the right to elect COBRA continuing health care coverage under your group plan. Most employers will include COBRA coverage information in the business employee handbook and as part of an employee's exit paperwork.

Does health insurance end the day you quit?

Although there are no set requirements, most employer-sponsored health insurance ends on the day you stop working or at the end of the month in which you work your last day. Employers set the guidelines for when employer-sponsored health coverage ends once you resign or are terminated.

Does Texas have a mini COBRA?

The federal COBRA benefit is available for up to 18 months or 36 months depending on the reason. In Texas, you have additional rights for continuing former employer's group health plan.

What is Cobra Insurance Texas?

What is COBRA? COBRA stands for Consolidated Omnibus Budget Reconciliation Act of 1985. It allows you and/or your dependents to continue the health and optional insurance coverage (dental and vision) you have through the Texas Employees Group Benefits Program (GBP) for a specified period after you leave employment.

Does Texas have mini COBRA laws?

Texas has its own mini-COBRA law. ... The law grants employees up to nine months of coverage if the employee did not qualify for COBRA and up to six months of additional coverage once the continuation under the federal COBRA law expires (if they qualified for COBRA).

Are employers required to provide health insurance in Texas?

Texas Healthcare Insurance: What you need to know

There is no state law requiring employers to offer group health care insurance to their employees, but most employers do offer it.

Who pays for COBRA after termination?

How much will I have to pay for continuation coverage? Under COBRA, the administrator is allowed to charge the terminated worker for the full cost to the employer of the monthly coverage plus a 2% administration fee.

How long do you have to be employed to get COBRA?

Employees who work for a company with at least 20 FTEs and who have been enrolled under their employer's insurance for at least one day are eligible for Federal COBRA. There is no minimum number of work days required to be eligible for COBRA.

How long do employers have to send out COBRA letters?

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 COBRA notices be emailed?

Although the earlier rules only covered summary plan descriptions (SPDs) and summary annual reports, the final rules provide that all ERISA-required disclosure documents can be sent electronically -- this includes COBRA notices as well as certificates of creditable coverage under the Health Insurance Portability and ...

Can I skip a month of COBRA?

No. You cannot start and stop COBRA and you cannot skip any months. COBRA is always effective on the day after your active coverage ends and is continuous until terminated.

Why is COBRA insurance so high?

The cost of COBRA insurance is high because you are now paying the full health insurance premium, including the portion your previous employer was paying. Often times there is an additional 2% administration fee for an insurance third-party administrator for processing the COBRA paperwork.

Can I cancel COBRA at any time?

You May Cancel COBRA At Any Time

To cancel your your COBRA coverage you will need to notify your previous employer or the plan administrator in writing. After you stop your COBRA insurance, your former employer should send you a letter affirming termination of that health insurance.

Does COBRA include dental and vision?

With COBRA, you can continue the same coverage you had when you were employed. That includes medical, dental and vision plans. You cannot choose new coverage or change your plan to a different one. For example, if you had a medical plan and a dental plan, you can keep one or both of them.

Is COBRA extended due to Covid?

Soon after the COVID-19 pandemic shut down the nation, the federal government extended the deadlines for electing COBRA and paying COBRA premiums for continuation of health insurance coverage. ... The first COBRA premium is due 45 days after the initial election is made.

Can you keep health insurance after leaving a job?

Can I get health insurance after quitting a job? Yes, you can still get health insurance if you quit your job. You can keep your job-based coverage for up to 18 months with a COBRA plan. Or you can buy an individual plan through the Health Insurance Marketplace.

Who is not eligible for COBRA?

The law generally applies to all group health plans maintained by private-sector employers with 20 or more employees, or by state or local governments. The law does not apply to plans sponsored by the Federal Government or by churches and certain church-related organizations.