What companies does COBRA apply to?

Asked by: Judson McClure  |  Last update: August 21, 2025
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COBRA applies to most private sector businesses with 20 or more employees. It requires an employer's group health insurance plan to continue after qualifying life events. These include: Termination or a reduction of a covered employee's hours.

Which employers are subject to COBRA?

COBRA generally applies to all private-sector group health plans maintained by employers that had at least 20 employees on more than 50 percent of its typical business days in the previous calendar year. Both full- and part-time employees are counted to determine whether a plan is subject to COBRA.

How does COBRA work if I quit my job?

COBRA health insurance provides for the continuation of group health coverage when you quit, retire or are fired from a job that offered a qualifying plan. It can also be applied if your hours are reduced so that you no longer meet your employer's criteria for plan eligibility. The only exception is dismissal for gross.

Do all health insurance plans offer 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.

Who is not covered under COBRA?

You do not have to offer COBRA coverage to any of the following: an employee who is not yet eligible for your group health plan. an eligible employee who declined to participate in your group health plan. an individual who is enrolled for benefits under Medicare.

COBRA Insurance | What You Need to Know

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What disqualifies you from COBRA?

Why would an employee not qualify to enroll in Cal-COBRA? The employee is enrolled in or eligible for Medicare. The employee does not enroll within 60 days of receiving the notice of eligibility from the employer. The employee is covered by another health plan.

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 cheaper than insurance?

You're presented with COBRA coverage as an option, and then there's health insurance under the Affordable Care Act. So which one is better? Typically ACA insurance is more affordable than COBRA insurance because you can be eligible for federal ACA subsidies, depending on your income.

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 average monthly cost of COBRA health insurance?

COBRA coverage is not cheap.

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

Is insurance good for 30 days after quitting a job?

If you have an employment-based insurance plan, coverage typically ends on your last day of work or the last day of the month in which you leave your job. You may be able to continue receiving coverage through your employer's health plan with COBRA for 18 months or longer, but this option is often costly.

Is dental insurance covered by COBRA?

Is dental insurance covered under COBRA? Yes. Along with medical and vision benefits, dental coverage is included under COBRA. However, you cannot choose new coverage or switch to a different plan from the one you held prior to your change in employment.

Does COBRA start immediately?

An employee eligible for COBRA insurance must opt for it within 60 days of their employer-sponsored insurance termination date. The coverage starts the day the previous coverage 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.

How do I calculate my COBRA payment?

Using the information provided in Box 12 of your most recent W-2 form, labeled Code DD, you will find the total annual cost of your employer-sponsored health coverage. To determine your monthly COBRA premium, divide this annual amount by 12 and include any applicable administrative fees, which may be up to 2%.

Are COBRA payments tax deductible?

Are my COBRA premiums deductible? Yes they are tax deductible as a medical expense. There isn't necessarily a “COBRA Tax Deduction”. You can only deduct the amount of COBRA medical expenses on your federal income tax in excess of 7.5% of your Adjusted Gross Income and then only if you itemize deductions.

Can an employer deny COBRA coverage?

Gross misconduct provides a basis for denying COBRA coverage to the employee and to the employee's dependents.

How long after quitting can you get COBRA?

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.

Are COBRA payments reported on W-2?

In general, each employer providing coverage will have to report the prorated cost on the employee's W-2. If the employee is terminated, the employer can also include the COBRA payment amounts paid by the employee after termination.

What are the disadvantages of COBRA coverage?

COBRA cons
  • COBRA can be expensive, especially compared to the premiums you were paying before your qualifying event. ...
  • COBRA does not apply to all employer-sponsored health plans—in particular, those organizations with fewer than 20 employees may have no requirements. ...
  • Even if you get an extension, COBRA is only temporary.

Is COBRA even worth it?

While it may seem like a lot of money, COBRA may actually cost you less than what you'll pay on the open market. That's because you may still get your former company's group discount. You can also use a health savings account (HSA) to pay for your COBRA premiums. They're considered a qualified medical expense.

How can I reduce my COBRA cost?

To reduce your COBRA insurance cost per month, one option is to see whether your employer offers other lower-cost plan options with a lower coverage level. This tradeoff could make sense if you're healthy. You can't switch plans immediately after losing your job.

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.