COBRA After Death of the Insured
Does COBRA allow me to keep my deceased spouse’s Health plan?
Dependents qualify for COBRA when the primary policyholder passes away, allowing continued coverage as a dependent on their health plan.
COBRA allows dependents to continue employer-sponsored health insurance for up to 36 months if the primary policyholder passes away. Under the federal COBRA continuation laws, employers with 20 or more employees must offer a continuation of the same health plan to dependents if the covered employee unexpectedly dies.
You Can Keep Employer Health Coverage After the Death of the Policyholder
If the primary policyholder has passed away, the health insurance policy will stop. To reactivate the plan as COBRA continuation, contact the Human Resources department at the business where the insurance was provided. They can enroll dependents into the same plan or explain the process with their third-party COBRA administrator.
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How Do You Get COBRA After the Death of the Covered Employee?
You can obtain COBRA coverage from the employer that provided the deceased employee’s health insurance. Here are the two steps for starting COBRA continuation after this qualifying event.
- The employer has up to 45 days to send COBRA election paperwork to eligible dependents. This packet will include the cost of the COBRA plan, enrollment instructions, and where to send premium payments.
- The law gives dependents a 60-day enrollment window to decide whether to continue the current health plan or waive COBRA coverage.
When Does COBRA Coverage Begin?
COBRA coverage begins immediately after you make your first premium payment. Once you choose to continue your employer-sponsored health plan, your coverage will be retroactive to the date your previous coverage ended. If you have out-of-pocket expenses during the gap, you may be able to file a claim with your insurance carrier for reimbursement.
How Long Does COBRA Insurance Last After the Death of the Covered Employee?
Up to 36 Months
If the covered employee passes away, their dependents have the right to continue the employer’s group health insurance for up to 36 months. This benefit is coordinated with the employer’s human resources department or their third-party administrator.
Dependents should review their COBRA eligibility to ensure uninterrupted health coverage during this period.
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Non-Workplace Qualifying Events
There are three types of non-workplace qualifying events that make you eligible for COBRA insurance:
- Divorce or Legal Separation: If you lose coverage due to a divorce or legal separation from the covered employee, COBRA allows you to continue your health plan independently.
- Loss of Dependent Child Status (Turning 26): If you age out of your parent’s health plan, COBRA offers a temporary option to maintain coverage.
- Death of the Covered Employee: If the primary policyholder passes away, their dependents are eligible to continue the employer-sponsored health plan through COBRA for up to 36 months.
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