What happens if you don't pay for COBRA?

Asked by: Rita Schuppe  |  Last update: November 20, 2025
Score: 4.1/5 (22 votes)

Answer: The continuation of benefits will terminate at the first to occur of the following: (1) 36 months after the date that benefits under the policy would otherwise have terminated, (2) the end of the period for which premium payments were made, if the employee or member fails to make timely payment of a required ...

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.

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).

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.

What happens if I can't afford COBRA?

Instead of enrolling in COBRA continuation coverage, there may be other more affordable coverage options for you and your family through the Health Insurance Marketplace, Medicaid, or other group health plan coverage (such as a spouse's plan) through what is called a “special enrollment period.” Some of these options ...

Avoid Major Problems by Being Cobra Compliant!

37 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.

Can I stop paying for COBRA?

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.

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.

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 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.

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.

How do I decline COBRA coverage?

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 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.

Can I pay for just one month of COBRA?

However, if you only need COBRA coverage for a short period of time, such as one or two months, you can pay only for those months from the coverage loss date.

Is COBRA coverage worth it?

If you're close to meeting your deductible on your current insurance plan and you have high health care costs, it may be worth it to temporarily stay on your COBRA plan,” explains Donovan. The same holds true if you're far into your employer plan's year and have already met your deductible.

How late can you pay a COBRA?

The COBRA law allows for a 30-day grace period, after the premium due date, for paying or postmarking your premium.

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 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.

Do employers ever pay for COBRA?

Yes, an employer can pay all or part of a former or current employee's COBRA premiums.

Does not paying COBRA affect credit?

There is no debt with COBRA. Payment of COBRA premiums is at the option of the qualified beneficiary. Non-payment of COBRA premiums does not affect one's credit score.

Is it optional to offer COBRA?

A group health plan must offer COBRA continuation coverage only to qualified beneficiaries and only after a qualifying event has occurred.

Does my employer have to offer COBRA if I quit?

Yes, You Can Get COBRA Insurance After You Quit Your Job

Known as the Consolidated Omnibus Budget Reconciliation Act of 1985, this legislation applies to employers with 20 or more employees. State-level Mini-COBRA laws extend similar requirements to small businesses with fewer than 20 full-time employees.

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.

Can I decline a COBRA?

Decide not to participate in COBRA and apply for special enrollment through Covered California. Because you will be newly uninsured, you will qualify for special enrollment in a Covered California health insurance plan outside of the annual open-enrollment period.

What do I do if COBRA is too expensive?

If COBRA feels expensive, consider ACA plans or short-term health insurance. Marketplace plans during the open enrollment period or a special enrollment period can offer more budget-friendly options.