What health plans are subject to COBRA?

Asked by: Jaden Hirthe III  |  Last update: August 13, 2025
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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.

What plans are subject to COBRA?

Q3: What group health plans are subject to 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.

Who is not subject to 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.

Are supplemental health plans subject to COBRA?

Supplemental Health Insurance (e.g., Cancer Insurance)

*Employers subject to COBRA, unless exempted, are those that had 20 or more employees on 50% of their typical business days during the previous calendar year. Exempted employers are Church plans and the Federal Government plans.

What are the 7 COBRA qualifying events?

The seven COBRA qualifying events that allow individuals to maintain their employer-sponsored health insurance include termination of employment for reasons other than gross misconduct, reduction in the number of work hours, divorce or legal separation from the covered employee, the covered employee becoming entitled ...

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What groups are eligible for COBRA?

Qualified beneficiaries under COBRA include:
  • An employee.
  • Spouse.
  • Former spouses.
  • Dependent children.

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.

How to determine if a group is subject to COBRA?

COBRA covers group health plans sponsored by an employer (private-sector or state/local government) 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.

Can you choose a different plan on COBRA?

You May Change COBRA Plans Only During An Open Enrollment

However, you can change your health plan during your previous employer's open enrollment period.

Is HSA subject to COBRA?

While a Health Savings Account (HSA) is not technically covered by COBRA, funds in the HSA are owned and may stay with the individual or may continue to be used.

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 average cost of cobra insurance per month?

COBRA coverage is not cheap.

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

Why is COBRA so expensive?

Why is COBRA more expensive than employer-sponsored insurance? COBRA is more expensive because the individual is responsible for the entire premium amount without the employer's financial contribution that is provided during active employment.

Does COBRA apply to self-insured plans?

Cal-COBRA covers indemnity policies, PPOs and HMOs, but not self-insured plans. Unlike federal COBRA, church plans are covered under Cal-COBRA. Federal COBRA generally extends health coverage for 18 months.

Are FSA plans subject to COBRA?

However, employers (and their COBRA administrators) may not be aware that Health FSAs are subject to COBRA continuation coverage requirements and may inadvertently fail to provide COBRA notices and election packages to Health FSA participants when they experience a qualifying event.

Are voluntary plans subject to COBRA?

If the voluntary plan requirements under ERISA are met, then the arrangement through which supplemental plans are made available by insurers is not subject to ERISA requirements. Thus, if the arrangement qualifies as a voluntary plan under ERISA, then COBRA does not apply.

What plans are not subject to COBRA?

Indemnity policies, PPOs, HMOs, and self-insured plans are all eligible for COBRA extension; however, federal government employee plans and church plans are exempt from COBRA. Individual health insurance is also exempt from COBRA extension.

Is there a better option than COBRA?

Marketplace insurance, available through the Affordable Care Act, often offers more affordable premiums than COBRA. The cost difference can vary based on the chosen plan, location, and income, as subsidies may reduce premiums for marketplace plans.

What are the rules for COBRA coverage?

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 do I know if my insurance is group or individual?

Group insurance is typically offered through employers and provides coverage to a group of employees, while individual insurance is purchased by individuals directly from insurance providers, offering personalized coverage outside of employer-sponsored plans.

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.

How do you determine if a company is a controlled group?

A parent-subsidiary controlled group exists when a parent company owns at least 80% of a subsidiary company. For example, if Company A owns 90% of its subsidiary Company B. Companies A & B are in a controlled group since A owns at least 80% of B.

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.

Does health insurance end immediately after termination?

Employers aren't required to continue providing health insurance coverage after termination, so most workers lose coverage immediately or at the end of their last month of employment. However, most companies must allow you to stay on your plan through COBRA continuation 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.