What is the 60 day loophole for cobras?

Asked by: Teagan Kling  |  Last update: July 15, 2025
Score: 5/5 (8 votes)

Generous Time to Enroll You have 60 days to enroll in COBRA once your employer-sponsored benefits end. Even if your enrollment is delayed, you will be covered by COBRA starting the day your prior coverage ended.

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.

How long can my spouse stay on COBRA if I go on Medicare?

In that case, COBRA lasts for eighteen months. If the qualifying event is the death of the covered employee, divorce or legal separation of the covered employee from the covered employee's spouse, or the covered employee becoming entitled to Medicare, COBRA for the spouse or dependent child lasts for 36 months.

Can I get COBRA coverage retroactively?

Your former employer will send you details about how to sign up. They have 30 days from this qualifying event to let the COBRA administrator know of your election. Keep in mind that if you wait to enroll, you won't save any money. COBRA is always retroactive to the day after your employer coverage ends.

How to waive COBRA coverage?

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 Is COBRA for Health Insurance

20 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 negotiate COBRA premiums?

Your employer may subsidize COBRA, either pursuant to a company-wide plan or an individual severance agreement that you negotiate.

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.

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.

Who is not eligible for 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.

How much does COBRA cost per month?

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

What happens if I turn 65 while on COBRA?

In addition, a COBRA carrier may be able to bill you for any benefits paid by mistake when Medicare should have paid first. If you're already on COBRA when you become eligible for Medicare, you will lose your COBRA benefits and none of this applies to you.

What to do if you don't receive COBRA paperwork?

First, you should contact your former employer's human resources department to request a new copy of the paperwork. They may be able to send it to you electronically or by mail. If you are unable to obtain a new copy from your former employer, you can also contact the COBRA administrator for your health plan.

What is the 14 day rule for COBRA?

14-Day Notice Period

The HR office must provide the COBRA Election Notice and Election Form to qualified beneficiaries within 14 days from the date of the qualifying event or loss of coverage, or when the HR office is notified, whichever comes first.

What is a COBRA violation?

Employers have numerous responsibilities under COBRA, including tracking employee notices and deadlines. All too often, employers fail to comply with these requirements. Some common COBRA violations include: Failure to supply initial notice to new employees. Failure to provide notice after a qualifying event.

Can you go on COBRA twice?

It may be possible for qualified beneficiaries to extend their original 18-month period of COBRA continuation coverage for an additional 18 months (for a total maximum coverage period of 36 months) if they experience a second qualifying event. Second qualifying events are: Death of the covered employee.

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 long can you be on COBRA medical?

You can collect COBRA benefits for up to 18 months. This may be extended to 36 months under certain circumstances.

Can you drop COBRA and get Obamacare?

Can I drop it during Marketplace Open Enrollment and enroll in a Marketplace plan instead? During Marketplace Open Enrollment, you can sign up for a Marketplace plan even if you already have COBRA. You will have to drop your COBRA coverage effective on the date your new Marketplace plan coverage begins.

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 disadvantages of Cobra insurance?

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 can I reduce my COBRA cost?

To reduce your COBRA insurance cost per month, one option is to see whether your employer offers other lower-cost plan options with a lower coverage level. This tradeoff could make sense if you're healthy. You can't switch plans immediately after losing your job.

Can an employer refuse to offer 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.

What to do when COBRA is too expensive?

If the cost of COBRA is not doable, you can often find lower-cost coverage on the health insurance marketplace. Switching to an individual/family plan on or off the Marketplace can mean you face higher out-of-pocket costs. You also may need to change providers.

Can I ask new employer to pay for COBRA?

Yes, an employer can pay all or part of a former or current employee's COBRA premiums. Employers may do so as a means to assist an employee during a merger, acquisition, layoff, termination, temporary or permanent disability, retirement, or as part of a recruitment strategy.