What is the 60-day loophole for COBRA?

Asked by: Maybelle Schulist I  |  Last update: April 9, 2025
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What is the COBRA Loophole 60 Days? The Cobra Loophole 60 Days allows you to defer your decision about COBRA insurance until the very last day of the 60-day period. This gives you a window of time where you don't need to pay any premiums, yet you're still covered if an emergency occurs.

How long can you get a COBRA after you quit your job?

COBRA coverage lets you pay to stay on your job-based health insurance for a limited time after your job ends (usually 18 months). You usually pay the full premium yourself, plus a small administrative fee.

Will COBRA cover me retroactively?

COBRA coverage is retroactive if elected and paid for by the qualified beneficiary.

Can you use COBRA for 2 months?

Periods of Coverage

In most cases, COBRA coverage for the covered employee lasts a maximum of 18 months.

How long am I covered on health insurance after leaving a job?

The COBRA coverage lasts for 18 to 36 months—the exact amount of time varies depending on specific circumstances and the state you live in. According to the Department of Labor, you have 60 days to enroll in COBRA once your employer-sponsored health insurance ends.

What Is COBRA for Health Insurance

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How does COBRA work if I get a new job?

COBRA coverage doesn't automatically end when you get a new job, but you can choose to terminate it once your new employer's health insurance takes effect. If there's a waiting period before your new coverage starts, COBRA can act as a temporary safety net, ensuring you don't experience a gap in health insurance.

Do benefits end on the last day of work?

If you have job-based insurance, your coverage usually ends on your last day of work or at the end of that month. The exact date depends on your employee health plan. Sometimes, you will have extended coverage if you leave as a retiree.

How do you keep a COBRA for 36 months?

Second Qualifying Event - If you are receiving an 18-month maximum period of continuation coverage, you may become entitled to an 18-month extension (giving a total maximum period of 36 months of continuation coverage) if you experience a second qualifying event that is the death of a covered employee, the divorce or ...

How much does COBRA cost per month?

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

Is there a gap in coverage with COBRA?

If you elect COBRA continuation coverage instead of Medicare, you may have to pay a late enrollment penalty and may have a gap in coverage if you later decide you want Part B. If you enroll in Medicare Part A or B before your COBRA coverage ends, your plan may terminate your COBRA coverage.

What is a COBRA loophole?

Understanding the 60-Day Loophole

You have a 60-day window following the end of your employer-sponsored plan to select COBRA coverage or choose a new plan in the individual ACA marketplace.

Is COBRA cheaper than marketplace?

Both COBRA and ACA Marketplace plans have their advantages. COBRA lets you keep your exact employer-based plan but is often more expensive. ACA plans may be more affordable, especially with subsidies, but require choosing a new plan. The best choice depends on your financial situation and healthcare needs.

What are the rules for COBRA coverage?

COBRA eligibility has three basic requirements that must be met for you to get a continuation of coverage:
  • Your group health plan must be covered by COBRA.
  • A qualifying event must occur.
  • You must be a qualified beneficiary for that event.

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.

Can I go to the doctor while waiting for a COBRA?

You will be reimbursed for any medical bills that you pay out-of-pocket during this period. Contact the plan administrator for more information on filing a claim for benefits. Complete plan rules are available from the employer's benefits offices.

What is considered gross misconduct for a COBRA?

Fighting, physical assault, abuse, or threatening behavior • Blatant disregard for the safety of others or serious breaches of health and safety rules • Deliberate acts of vandalism or sabotage • Any attempts to financially defraud the company or theft • Significant levels of insubordination • Dishonesty, falsification ...

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.

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%.

How long can I stay on COBRA?

While COBRA is temporary, in most circumstances, you can stay on COBRA for 18 to 36 months.

What is the 18 month rule for COBRA?

When Federal COBRA ends, eligible employees can buy 18 months additional health coverage under Cal-COBRA. All qualified beneficiaries are generally eligible for continuation coverage for 36 months after the date the qualified beneficiary's benefits would otherwise have terminated.

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.

Is there a grace period for COBRA payments?

After you are established on your COBRA coverage, ongoing monthly payments are due the first day of each month. There is a grace period of 30 days from the due date for ongoing monthly premium payments. If you mail your payment, it must be postmarked within the 30-day grace period.

Does COBRA coverage begin immediately?

COBRA is always retroactive to the day after your employer coverage ends. So, you'll need to pay your premiums for that period too.

Does your insurance stop the day you quit?

Although there are no set requirements, most employer-sponsored health insurance ends on the day you stop working or at the end of the month in which you work your last day. Employers set the guidelines for when employer-sponsored health coverage ends once you resign or are terminated.

Is your termination date the last day you worked?

Termination Date

An employee's last day of work is often the termination or separation date. However, there may be times where an employee is no longer working, but the actual date of termination is delayed.