What makes an employee eligible for COBRA?

Asked by: Ms. Rae Streich  |  Last update: May 14, 2025
Score: 4.3/5 (34 votes)

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.

What are the qualifying reasons for COBRA?

What are the qualifying events for eligibility for Federal COBRA and Cal-COBRA?
  • The employee is no longer employed for any reason other than gross misconduct.
  • The employee's hours are cut.

What are the requirements for COBRA for employees?

In order to be entitled to elect COBRA continuation coverage, your group health plan must be covered by COBRA; a qualifying event must occur; and you must be a qualified beneficiary for that event.

What are the basic COBRA rules?

You must meet three basic requirements to be entitled to elect COBRA continuation coverage: Your group health plan must be covered by COBRA; • A qualifying event must occur; and • You must be a qualified beneficiary for that event.

Can I get a COBRA if I quit my job?

Yes. Cobra will be available for you to enroll in and purchase whether you leave a company voluntarily or involuntarily; of course the costs will differ from company to company so your HR department would have the exact monthly cost.

COBRA Subsidy: Who’s Eligible, How it’s Funded, and How to Deliver Notices to Employees

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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.

Does health insurance end the day you quit?

When does health insurance expire after leaving a job in California? Your health insurance may expire the day you leave your job, or at the end of that month. For instance, if you quit on January 10th, you may have coverage through January 31st. You'll need to find out what your employer's policy is.

Can an employer deny COBRA coverage?

Gross misconduct provides a basis for denying COBRA coverage to the employee and to the employee's dependents.

How much does COBRA cost?

COBRA insurance typically costs 102% of the total health plan premium. This includes both the employee and employer contributions, along with a 2% administrative fee.

How long do you have to work for COBRA to kick in?

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. You will receive a notice from your employer with information about deadlines for enrollment.

Is it better to use COBRA or obamacare?

ACA plans may offer significant cost savings through subsidies that aren't available under COBRA. By transitioning to an ACA plan, you can often find more affordable coverage without waiting until COBRA expires, giving you flexibility in managing your healthcare costs.

How does a mini COBRA work?

Unlike federal COBRA, which applies to larger employers, Cal-COBRA ensures that employees of small businesses have the option to continue their health insurance for up to 36 months after leaving their job or experiencing a reduction in work hours.

Are COBRA payments tax deductible?

Are my COBRA premiums deductible? Yes they are tax deductible as a medical expense. There isn't necessarily a “COBRA Tax Deduction”. You can only deduct the amount of COBRA medical expenses on your federal income tax in excess of 7.5% of your Adjusted Gross Income and then only if you itemize deductions.

How do I know if I'm eligible for COBRA?

COBRA coverage follows a "qualifying event". An example of a qualifying event would be if your hours were reduced or you lost your job (as long as there was no gross misconduct). Your employer must mail you the COBRA information and forms within 14 days after receiving notification of the qualifying event.

What employers must have to be eligible for COBRA?

The extension period is 18 months and some people with special qualifying events may be eligible for a longer extension. To be eligible for COBRA, your group policy must be in force with 20 or more employees covered on more than 50 percent of its typical business days in the previous calendar year.

Which of the following is not a qualifying event for COBRA?

The event that would NOT be a qualifying event under COBRA is gross misconduct. Qualifying events typically include company downsizing, changes in employment status, and voluntary termination. Under COBRA, individuals terminated for gross misconduct are not eligible for continued health 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.

Who pays for COBRA after termination?

(California passed a similar law known as “Cal-COBRA.”) Under COBRA, the group plan health insurance plan made available to terminated workers provides the exact same benefits as they would receive if they were still a member of the group, except that the employees have to pay the employer's cost of providing the ...

How does COBRA work if I quit my 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. Contact your employer to learn about your COBRA options.

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.

What happens if my employer doesn't offer me COBRA?

Penalties for COBRA Violations

If an employer fails to provide the required notice and a lawsuit results, the employer can also be required to pay the attorney's fees of the former employee's lawyer and other damages. If you have been unlawfully denied COBRA benefits, let us know. We can help.

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.

Does COBRA coverage begin immediately?

Assuming one pays all required premiums, COBRA coverage starts on the date of the qualifying event, and the length of the period of COBRA coverage will depend on the type of qualifying event which caused the qualified beneficiary to lose group health plan coverage.

Why is my insurance still active after I quit my job?

COBRA. COBRA allows workers to maintain health insurance after leaving a job. Whether you quit or got laid off, you can still qualify for COBRA—though there may be exceptions if you were fired for gross misconduct, such as stealing, assault, harassment, or similar offenses.

What is the best health insurance for unemployed people?

The best health insurance for unemployed individuals depends on your specific needs and financial situation. Medicaid offers health coverage for those with little to no income. For others, the Health Insurance Marketplace may provide affordable plans, especially for those eligible for financial help to lower costs.