What happens if I decline COBRA?

Asked by: Jalyn Brown Sr.  |  Last update: May 14, 2025
Score: 4.7/5 (24 votes)

Keep in mind if you choose to terminate your COBRA continuation coverage early with no special enrollment opportunity at that time, you generally will have to wait to enroll in other coverage until the next open enrollment period for the new group health plan or the Marketplace.

What is the penalty for not offering a 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.

Can I stop a COBRA whenever I want?

You can cancel COBRA at any point in the year but cancelling cobra doesn't open a special enrollment in the marketplace.

Does not paying COBRA affect credit?

Note: we do not report non-payment to credit bureaus. 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.

Is it illegal to deny COBRA?

The employer's denial of COBRA coverage to the eligible qualified beneficiaries could result in daily penalties, litigation, reimbursement of unpaid claims and other related costs.

Avoid Major Problems by Being Cobra Compliant!

32 related questions found

What happens if I decline COBRA coverage?

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

Can you change your mind if you decline COBRA?

It's also important to know that if you decide to drop or forgo COBRA and enroll in a Covered California plan, you cannot change your mind and go back to COBRA.

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 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 a mandatory benefit?

COBRA (Consolidated Omnibus Budget Reconciliation Act of 1985) is a federal law that requires employers of 20 or more employees who offer health care benefits to offer the option of continuing this coverage to individuals who would otherwise lose their benefits due to termination of employment, reduction in hours or ...

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 does COBRA affect taxes?

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 I switch from COBRA to private insurance?

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.

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).

Is it optional to offer COBRA?

COBRA generally 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 if I'm not offered a COBRA?

Employees can take the following actions if their employer is not complying with COBRA: Contact the Department of Labor to report the non-compliance, which may result in fines for the employer. Request reimbursement from the employer for any costs incurred due to the non-compliance.

Can employers deny COBRA?

According to COBRA coverage rules, if an employee is terminated from employment due to “gross misconduct” then the employer has the right to deny COBRA coverage for the employee and his or her family.

How much does COBRA typically cost per month?

The average monthly cost of COBRA Insurance premiums ranges from $400 to $700 per individual.

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.

Can you opt out of COBRA anytime?

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.

What is the penalty for not offering COBRA?

The IRS can charge you $100 tax per day of noncompliance per person or $200 tax per day per family. If the IRS has chosen to audit you and you have not corrected the violation, it is possible that you could have a $2,500 fine per beneficiary or the daily tax listed above.

What happens if I don't enroll in COBRA?

What if I don't enroll in COBRA? You don't have to enroll in COBRA. You can compare the cost of COBRA with plans available through the Marketplace before deciding on health insurance. Explore coverage options through the Marketplace.

How do you reject COBRA?

There are three ways to do so:
  1. Terminate coverage on your online account. For instructions, see How to terminate coverage in your COBRA online account.
  2. Submit a completed COBRA Benefits Termination Form.
  3. Do not remit the premium payment for the month you no longer want coverage.

What happens if I elect COBRA but don't pay?

There is no grace period if you're late paying your initial COBRA premium payment. 3 If it isn't paid on time (ie, within 45 days of electing COBRA), you lose your right to have COBRA coverage; you'll have to find other health insurance options or you'll be uninsured.

Do you get a refund if you cancel COBRA?

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.