What is the COBRA loophole for 60 days?

Asked by: Telly Kris  |  Last update: April 2, 2025
Score: 4.4/5 (15 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.

How does a COBRA loophole work?

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.

What is the 60 day rule for COBRA?

You have 60 days after being notified to sign up. If you are eligible for Federal COBRA and did not get a notice, contact your employer. If you are eligible for Cal-COBRA and did not get a notice, contact your health plan. If you miss the deadline, you may lose the chance to sign up for Federal COBRA or Cal-COBRA.

Is the COBRA loophole 60 days retroactive?

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. So, you'll need to pay your premiums for that period too.

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.

What Is COBRA for Health Insurance

30 related questions found

How much does COBRA cost per month?

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

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 ...

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.

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.

Who is not eligible for 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.

How long can you stay on COBRA after leaving a job?

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

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.

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 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.

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.

What is the timeline for COBRA?

60 days: The COBRA-eligible participant(s) have 60 days to enroll in coverage. If the COBRA-eligible participant does not elect coverage within 60 days after the notification, they are no longer eligible to elect.

How much does 1 month of COBRA cost?

Based on plan and state, COBRA costs range from about $400 to $700 per month and are based on the following: Your previous monthly insurance contribution. Your recent employer's monthly insurance contribution.

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.

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.

Is COBRA retroactive for 60 days?

Some people all this the “60 day loophole for COBRA.” COBRA is retroactive, which means that it begins the day after your employer coverage ends. You'll need to pay your premiums retroactively for the whole period (even if you didn't make any doctor visits).

How do you calculate COBRA cost?

If you want to figure this out on your own, ask HR how much your employer is contributing toward your monthly coverage. Then, check your pay stub to see how much you're contributing. After adding these figures, add another 2% (for the service fee). This will show you exactly how much you'll expect to pay for COBRA.

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 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 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.

Can I use COBRA if I quit?

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

COBRA allows you to keep your employer-sponsored health insurance for up to 18 months if your coverage ends due to job loss, quitting or termination.