What happens if I don't want COBRA?
Asked by: Yessenia McCullough | Last update: September 17, 2025Score: 4.8/5 (33 votes)
What happens if I don't want cobra insurance?
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.
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.
How to decline COBRA coverage?
- Terminate coverage on your online account. For instructions, see How to terminate coverage in your COBRA online account.
- Submit a completed COBRA Benefits Termination Form.
- Do not remit the premium payment for the month you no longer want coverage.
Can I cancel my COBRA 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.
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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.
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.
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.
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.
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.
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 ...
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).
Can I sue my employer for not offering COBRA?
The employees along with the beneficiaries have the right to sue to cover the medical expenses that would have taken place when the COBRA should have been offered.
What are the disadvantages of COBRA coverage?
- 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 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.
How much does COBRA typically cost per month?
The average monthly cost of COBRA Insurance premiums ranges from $400 to $700 per individual.
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).
Does COBRA affect your taxes?
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 go on Obamacare instead of COBRA?
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).
What happens if you don't offer COBRA?
DOL ERISA Penalties — An employer is liable up to an additional $110 per day per participant if they fail to provide initial COBRA notices. ERISA can also hold any fiduciary personally liable for non-compliance.
What is the penalty for not offering COBRA?
Failure to provide the COBRA election notice within this time period can subject employers to a penalty of up to $110 per day, at the discretion of the court, as well as the cost of medical expenses incurred by the qualified beneficiary.
Is COBRA required if you quit?
Regardless if you quit, got fired, were laid off or retired you have the right to continue the employer's group health insurance for up to 18 months. You will coordinate this benefit with the human resources department of the employer or their third-party administrator.
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.
Does COBRA kick in 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.
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.