What would make you ineligible for COBRA?

Asked by: Mr. Hazle Skiles Jr.  |  Last update: October 25, 2025
Score: 4.6/5 (67 votes)

Q21: Am I eligible for COBRA if my company closed or went bankrupt and there is no health plan? If there is no longer a health plan, there is no COBRA coverage available. If, however, there is another plan offered by the company, you may be covered under that plan.

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.

How is COBRA eligibility determined?

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.

Which of the following is not a qualifying event to trigger COBRA coverage?

Taking a leave of absence under the Family and Medical Leave Act of 1993 (FMLA) is not a COBRA qualifying event because FMLA requires a covered employer to maintain group health plan benefits for an employee so the employee has no coverage loss.

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.

COBRA Insurance | What You Need to Know

44 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.

Am I eligible for a COBRA if I quit?

Whether you quit, get fired or are laid off, you may be able to choose your former employer's health plan under a federal law called COBRA. That stands for Consolidated Omnibus Reconciliation Act. It's available if: You were enrolled in an employer-sponsored medical, dental or vision plan.

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 ...

Which of the following would be considered a qualifying life event?

A change in your situation — like getting married, having a baby, or losing health coverage — that can make you eligible for a Special Enrollment Period, allowing you to enroll in health insurance outside the yearly Open Enrollment Period.

What is a COBRA exception?

COBRA Exception: Gross Misconduct

Employees do not experience a COBRA qualifying event if their loss of coverage is caused by a termination of employment that is “by reason of the employee's gross misconduct.” The gross misconduct exception applies only to a termination of employment triggering 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.

How long does it take to get approved for COBRA?

45 Days. After the qualifying event that would end your group health insurance, your employer is required to notify the health plan within 30 days. Then, the plan must provide COBRA coverage paperwork to you within 14 days for you to elect continuation or formerly waive your rights.

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.

What determines COBRA eligibility?

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 sue my employer for not offering COBRA?

The employees along with the beneficiaries have the right to sue to cover the medical expenses that would have taken place when the COBRA should have been offered.

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 not a qualifying event under Cobra?

A loss of coverage caused by an event not listed as a triggering event will not result in a right to continuation coverage under COBRA. This includes events such as a change in plan eligibility rules, failure to pay plan premiums, or an employee's decision to voluntarily drop coverage.

How to prove qualifying life event?

Required Documents to Prove a QLE
  1. Marriage license for marriage.
  2. Divorce papers for divorce.
  3. Birth certificate for the birth of a child.
  4. Adoption papers for adoption.
  5. Death certificate for a change in household due to death.
  6. Written job offer for employment-related moves.

What is not a qualifying life event?

Is Changing Jobs a Qualifying Life Event? No, changing jobs within an organization is not a qualifying life event. Your employer-based coverage will remain the same until you have the opportunity to make changes during the open enrollment period.

Can I get a COBRA if I quit my job?

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.

What are examples of individuals who would qualify for COBRA?

A qualified beneficiary is an individual who is entitled to COBRA continuation coverage because he or she was covered by a group health plan on the day before a “qualifying event.” Depending on the circumstances, the following individuals may be qualified beneficiaries: a "covered employee" (a term that includes active ...

Which of the following is not a COBRA qualifying event?

Final answer: 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.

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.

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 ...

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.