Understanding COBRA Health Insurance Continuation

What is COBRA?

COBRA, or the Consolidated Omnibus Budget Reconciliation Act, is a federal law that provides eligible employees and their families the option to continue their employer group health insurance coverage temporarily after employment ends or other qualifying events occur. This continuation is typically available at the individual’s expense.

General Eligibility Criteria: To be eligible for COBRA, an employee must have been covered by the employer’s group health plan on the day before the qualifying event. Additionally, the employer must have had 20 or more employees who worked over 1,000 hours in the previous calendar year to be subject to COBRA regulations.If the employer has fewer than 20 employees, a state “mini-COBRA” law may apply, offering similar continuation coverage options for employees.

What Does COBRA Stand For?

COBRA stands for the Consolidated Omnibus Budget Reconciliation Act, a law enacted in 1985 to protect employees’ health benefits. While COBRA is not a typical acronym, it is often referred to in shorthand form to represent the Consolidated Omnibus Budget Reconciliation Act. The term is used broadly to describe the continuation of health insurance coverage under this federal law.

showing COBRA as an acronym for consolidated omnibus budget reconciliation act

How To Apply For COBRA

COBRA Eligibility Check

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What is COBRA Coverage?

COBRA coverage refers to the temporary continuation of the same group health benefits provided by an employer to employees and their families. It covers the same services and options as the original plan, including hospital care, physician care, surgery, and prescription drugs.

Is COBRA the Same Coverage?

Yes, COBRA provides the same employer health insurance coverage that was available to the individual before the qualifying event. The only difference is that the individual must now pay the full cost of the premiums. COBRA plans may cost $400 – $700 per month per individual.

Visit the COBRA Premium Calculator to estimate your monthly premiums.

What is a COBRA Plan?

A COBRA plan refers to the health insurance coverage that individuals continue under the COBRA law after a qualifying event. It is not a separate insurance plan but the same group health coverage the individual had while employed.

COBRA Insurance Requirements

To qualify for COBRA insurance, an individual must have been enrolled in the employer’s health plan when they were employed, and the plan must be covered by COBRA. Additionally, a qualifying event must occur, such as termination of employment (other than for gross misconduct) or a reduction in work hours.

Qualifying Life Events

Learn more about Qualifying Events for Health Insurance Continuation

Verify Your COBRA Eligibility

To determine if you qualify for COBRA coverage, use our simple tool. Take the eligibility survey to see if you meet the requirements for continuing your employer’s health coverage.

How Does COBRA Work?

COBRA coverage begins when you elect to continue your group health benefits within 60 days of losing coverage due to a qualifying event. The coverage mirrors what was offered under your employer’s plan and can last for 18 or 36 months, depending on the situation.

  1. Your employer’s health insurance ended due to a qualifying event.
    • Voluntary or involuntary termination (except gross misconduct)
    • Reduction in work hours
    • Separation from the plan’s main beneficiary
  2. Within 45 days of the qualifying event, your employer sends an election notice to continue your workplace insurance.
  3. Within 60 days of receiving the election notice, you may choose to enroll back into your health plan.
  4. Your copays, coinsurance, deductibles, out-of-pocket expenses, and insurance cards for the year remain the same.
  5. You have 45 days to make your first COBRA premium payment.
  6. Submit any medical expenses incurred before the start of the COBRA plan. The coverage is retroactive, so you can be reimbursed.

COBRA Coverage Starts

Once all premiums are paid, COBRA coverage begins on the same day as the qualifying event.

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Exclusions from COBRA Eligibility

While COBRA offers a safety net for many, certain situations can lead to exclusion from COBRA eligibility. Three common exclusions include:

  1. Employer-Sponsored Coverage Not Subject to COBRA: Plans sponsored by the federal government, certain church-related organizations, or small employers with fewer than 20 employees are typically exempt from COBRA regulations.
  2. Gross Misconduct: If the qualifying event leading to the loss of health coverage was due to the employee’s gross misconduct, they may be excluded from COBRA eligibility.
  3. Failure to Pay Premiums: Failure to pay COBRA premiums on time can result in a loss of coverage.

Understanding these exclusions can help individuals assess their COBRA eligibility more accurately.

Mini-COBRA and State Continuation Laws Nationwide

Many states have enacted Mini-COBRA legislation for businesses with 19 or fewer employees. Learn more about Mini-COBRA and State Continuation Laws and how they affect your healthcare coverage.

flag of the unites states of america

Federal Oversight of COBRA

The federal government oversees COBRA through two agencies: the Department of Labor (DOL) and the Department of Health and Human Services (HHS). The DOL ensures employers follow COBRA rules, while the HHS makes sure COBRA coverage meets the standards of the Affordable Care Act.

History of the 1985 Act: Ensuring Continued Health Coverage

The Consolidated Omnibus Budget Reconciliation Act (COBRA) became law on April 7, 1986, signed by President Ronald Reagan. Congress created this law to address the need for employees to keep their health insurance during times of job loss or transition. COBRA was part of a larger budget bill aimed at reducing the federal budget deficit.

Representative Pete Stark of California sponsored COBRA. The law’s main goal is to give employees and their families the option to continue their group health insurance for a limited time under specific conditions. COBRA has since helped millions of Americans maintain health coverage during career transitions.

Breaking Down the Main Sections of the Consolidated Omnibus Reconciliation Act

The law outlines a series of sections that detail the responsibilities of employers, as well as the rights and obligations of employees. The following is an explanation of Consolidated Omnibus Reconciliation (COBRA) as it relates to the continuation of employer-sponsored group health plans:

  • Section 601. Requires employers with 20 or more employees to offer continuation of health insurance coverage to employees and their dependents who lose coverage due to certain qualifying events, such as termination of employment, reduction in hours, death of the employee, divorce, or a dependent child becoming ineligible.
  • Section 602. Sets forth the requirements for employers to provide COBRA continuation coverage, including the length of time coverage must be offered, the amount of the premium that must be paid, and the notice requirements.
    • The coverage must be identical to the coverage that the employee had before the qualifying event.
    • The coverage must be offered for a period of at least 18 months.
    • The employee must pay the entire premium for the coverage, plus a small administrative fee.
    • The employer must notify employees of their COBRA rights within 60 days of the qualifying event.
  • Section 603. Establishes a process for employees and their dependents to appeal an employer’s decision to deny COBRA coverage. The appeal must be filed with the Department of Labor within 60 days of the denial.
  • Section 604.  This section provides for enforcement of COBRA by the Department of Labor. The Department of Labor can bring civil actions against employers who violate COBRA.

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