when should i contact a lawyer about cobra

How do I contact my employer for Cobra questions?

Please note the employer may charge up to 150 percent for an 11 month disability extension of COBRA coverage. General note: COBRA can be a daunting and complex area of Federal law. If you have any questions or issues regarding public sector COBRA we encourage you to email us at phig@cms.hhs.gov.

When does an employer have to notify you of Cobra requirements?

Long-Term Coverage is Available. While COBRA is temporary, in most circumstances, you can stay on COBRA for 18 to 36 months. This coverage period provides flexibility to find other health insurance options. However, the plan may require you to pay the entire group rate premium out of pocket plus a 2% administrative fee, so cost is an important ...

How long do I have to sign up for Cobra?

Toll-free number: 1-800-318-2596 (also in Spanish) TTY: 1-855-889-4325. Website: www.healthcare.gov. Provides information on the new insurance law, takes you through the steps of finding insurance, and much more. If you don’t have internet access, the phone number will connect you with your state’s marketplace.

How do I contact the BCRC about Cobra?

Q7: How do I find out about COBRA coverage? Group health plans must provide covered employees and their families with certain notices explaining their COBRA rights. Your COBRA rights must be described in the plan's Summary Plan Description (SPD), which you should receive within 90 days after you first become a participant in the plan. In

What happens if employer doesn't send COBRA?

If You Do Not Receive Your COBRA Paperwork Reach out to the Human Resources Department and ask for the COBRA Administrator. They may use a third-party administrator to handle your enrollment. If the employer still does not comply you can call the Department of Labor at 1-866-487-2365.

When should I expect COBRA paperwork?

Your employer must mail you the COBRA information and forms within 14 days after receiving notification of the qualifying event. You are responsible for making sure your COBRA coverage goes into and stays in effect - if you do not ask for COBRA coverage before the deadline, you may lose your right to COBRA coverage.

How long does it take to hear from COBRA?

Conclusion. Anyone eligible for COBRA insurance benefits has 2 months following the date of the end of their coverage, or the day they receive a COBRA notification, to enroll in a COBRA coverage plan.

How long do you have to respond to COBRA?

60 daysHow soon do I have to respond to the COBRA Election and notification letter? You have 60 days from the date of your COBRA letter to elect continuation of coverage. During this time your coverage is in a “pending state”.

Does Cobra go into effect immediately?

COBRA is always effective the day after your active coverage ends. For most, active coverage terminates at the end of a month and COBRA is effective on the first day of the next month.

Can Cobra notices be sent via email?

In addition, employers can provide COBRA notices electronically (via email, text message, or through a website) during the “Outbreak Period,” if they reasonably believe that plan participants and beneficiaries have access to these electronic mediums.

How do I get reimbursed for COBRA?

Your COBRA coverage should be the same insurance that you had with your past employer. You will want to check with the insurance plan administrator about claim reimbursement. If you do not know who that is, check with the HR department from the workplace that provides the COBRA health insurance.

What are the 7 COBRA qualifying events?

The following are qualifying events: the death of the covered employee; a covered employee's termination of employment or reduction of the hours of employment; the covered employee becoming entitled to Medicare; divorce or legal separation from the covered employee; or a dependent child ceasing to be a dependent under ...

How long can you backdate COBRA?

You'll have 60 days to enroll in COBRA — or another health plan — once your benefits end. But keep in mind that delaying enrollment won't save you money. COBRA is always retroactive to the day after your previous coverage ends, and you'll need to pay your premiums for that period too.

Are Cobra payments tax deductible?

COBRA insurance is a health plan that allows you to temporarily continue employer-sponsored insurance coverage after you've left the company. Premiums for COBRA insurance are tax-deductible, as you pay them yourself on an after-tax basis.

How long does Cobra last after leaving job?

18 monthsYou can keep your job-based insurance policy through the federal Consolidated Omnibus Budget Reconciliation Act, or COBRA. COBRA allows you to continue coverage — typically for up to 18 months — after you leave your employer.

How do employers get reimbursed for Cobra subsidy?

Employers who provide ARPA COBRA subsidies can claim a tax credit against their Medicare tax obligations. The ARPA tax credit is fully refundable, which means that employers can receive a payment from the IRS if their credit exceeds their Medicare obligations in a calendar quarter.

How long do you have to notify Cobra?

Qualified beneficiaries must be given an election period of at least 60 days during which each qualified beneficiary may choose whether to elect COBRA coverage.

How long does it take to get a Cobra notice?

Separate requirements apply to the employer and the group health plan administrator. An employer that is subject to COBRA requirements is required to notify its group health plan administrator within 30 days after an employee’s employment is terminated, or employment hours are reduced. Within 14 days of that notification, the plan administrator is required to notify the individual of his or her COBRA rights. If the employer also is the plan administrator and issues COBRA notices directly, the employer has the entire 44-day period in which to issue a COBRA election notice.

What is a Cobra notice?

A notice of COBRA rights generally includes the following information: A written explanation of the procedures for electing COBRA, The date by which the election must be made, How to notify the plan administrator of the election, The date COBRA coverage will begin, The maximum period of continuation coverage, The monthly premium amount,

What is the COBRA requirement?

Title XXII of the Public Health Service (PHS) Act, 42 U.S.C. §§ 300bb-1 through 300bb-8, applies COBRA requirements to group health plans that are sponsored by state or local government employers. It is sometimes referred to as “public sector” COBRA to distinguish it from the ERISA and Internal Revenue Code requirements ...

How long does an employer have to issue a Cobra election notice?

If the employer also is the plan administrator and issues COBRA notices directly, the employer has the entire 44-day period in which to issue a COBRA election notice.

How long is Cobra coverage?

In certain circumstances, if a disabled individual and non-disabled family members are qualified beneficiaries, they are eligible for up to an 11-month extension of COBRA continuation coverage, for a total of 29 months. The criteria for this 11-month disability extension is a complex area of COBRA law. We provide general information below, but if you have any questions regarding your disability and public sector COBRA, we encourage you to email us at phig@cms.hhs.gov.

When does Cobra start?

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.

How to contact COBRA?

For detailed information about COBRA, call the Employee Benefits Security Administration at 1-866-444-3272 or visit their website at www.dol.gov/ebsa. You can also find a detailed brochure called An Employee’s Guide to Health Benefits Under COBRA.

Where to find employee guide to COBRA?

US Department of Labor. An employee’s guide to health benefits under COBRA. Accessed at https://www.dol.gov/sites/dolgov/files/legacy-files/ebsa/ about-ebsa/our-activities/resource-center/publications/an-employees-guide-to-health-benefits-under-cobra.pdf on May 13, 2019.

How to find your state's insurance department?

If you have questions about your state’s requirements about COBRA and health insurance, you can find your state’s insurance department by contacting the National Association of Insurance Commissioners.

What does COBRA stand for?

COBRA stands for the Consolidated Omnibus Budget Reconciliation Act. It gives employees in certain situations the right to pay premiums for and keep the group health insurance that they would otherwise lose after they:

How long can you keep Cobra?

If your major medical coverage ends because your employment ends (other than for gross misconduct), or because your hours are reduced, you and your qualified dependents can keep coverage under the employer’s health insurance for up to 18 months by paying for the full cost of the coverage.

What does a phone number do for insurance?

If you don’t have internet access, the phone number will connect you with your state’s marketplace.

When is a spouse eligible for Cobra?

You are eligible for COBRA coverage if you were covered under the group health plan on the day before your qualifying event. This 1-day rule also applies to your spouse and dependents who were covered under the plan.

What is the phone number for Cobra?

If you have questions about Medicare and COBRA, call the Benefits Coordination & Recovery Center (BCRC) at 1-855-798-2627 (TTY: 1-855-797-2627).

How many employees can you have with Cobra?

In general, COBRA only applies to employers with 20 or more employees. However, some states require insurers covering employers with fewer than 20 employees to let you keep your coverage for a limited time.

How long does Cobra last?

COBRA coverage generally is offered for 18 months (36 months in some cases). Ask the employer's benefits administrator or group health plan about your COBRA rights if you find out your coverage has ended and you don't get a notice, or if you get divorced.

How long do you have to sign up for Part B?

If you’re eligible for Medicare, you don’t qualify for COBRA coverage without having to pay a premium. You have 8 months to sign up for Part B without a penalty, whether or not you choose COBRA.

Do you have to tell Cobra if you are divorced?

You or the covered employee needs to tell the plan administrator if you qualify for COBRA because you got divorced or legally separated (court-issued separation decree) from the covered employee, or you were a dependent child or dependent adult child who's no longer a dependent.

Do you have to tell your employer if you qualify for Cobra?

Once the plan administrator is notified, the plan must let you know you have the right to choose COBRA coverage.

What is the law for cobra?

The law generally applies to all group health plans maintained by private-sector employers with 20 or more employees, or by state or local governments. The law does not apply to plans sponsored by the Federal Government or by churches and certain church-related organizations. In addition, many states have laws similar to COBRA, including those that apply to health insurers of employers with less than 20 employees (sometimes called mini-COBRA). Check with your state insurance commissioner's office to see if such coverage is available to you.

How long do you have to elect Cobra?

If you are entitled to elect COBRA coverage, you must be given an election period of at least 60 days (starting on the later of the date you are furnished the election notice or the date you would lose coverage) to choose whether or not to elect continuation coverage.

How long can a spouse continue Cobra?

A covered employee's spouse who would lose coverage due to a divorce may elect continuation coverage under the plan for a maximum of 36 months. A qualified beneficiary must notify the plan administrator of a qualifying event within 60 days after divorce or legal separation. After being notified of a divorce, the plan administrator must give notice, generally within 14 days, to the qualified beneficiary of the right to elect COBRA continuation coverage.

Can you use the Health Coverage Tax Credit for Cobra?

The Health Coverage Tax Credit (HCTC), while available, may be used to pay for specified types of health insurance coverage ( including COBRA continuation coverage).

Can you revoke Cobra coverage?

Then, the plan need only provide continuation coverage beginning on the date you revoke the waiver.

Can you terminate Cobra coverage early?

Keep in mind if you choose to terminate your COBRA continuation coverage early with no special enrollment opportunity at that time, you generally will have to wait to enroll in other coverage until the next open enrollment period for the new group health plan or the Marketplace.

Who administers Cobra?

The Departments of Labor and Treasury have jurisdiction over private-sector group health plans. The Department of Health and Human Services administers the continuation coverage law as it applies to state and local governmental health plans.

1 attorney answer

If you have not already done so, contact your employer's benefits department and inquire exactly what has transpired. I think you might find this site helpful:...

Michael Ian Rott

If you have not already done so, contact your employer's benefits department and inquire exactly what has transpired. I think you might find this site helpful:...

How long does Cobra coverage last?

COBRA coverage can be extended from 18 to 29 months if the qualifying event is the employee's termination, quitting, or reduction in hours, and the beneficiary either has a disability at the time of the qualifying event or becomes disabled during the first 60 days of COBRA coverage.

How long does Cobra last?

If the qualifying event is the employee's quitting, termination, or reduction in hours, COBRA benefits last for 18 months. If the qualifying event is the employee's death, the employee's divorce or legal separation, or the dependent's loss of dependent status under the plan, COBRA benefits last for 36 months.

Does Cobra pay for insurance?

An employee (or spouse or dependent) who continues benefits through COBRA must pay the full cost of coverage. However, because employers typically negotiate lower group insurance rates, this amount is almost always less than it would cost to purchase an individual insurance policy.

What is the penalty for not submitting a Cobra plan?

This penalty is equal to 110% of the subsidy provided on the individual's behalf after they became eligible for the other coverage or Medicare.

Can you still get Cobra if you have Medicare?

Once you become eligible for other group health coverage or Medicare, you're no longer eligible for the COBRA premium subsidy, regardless of whether you actually enroll in the other group health coverage or Medicare. Once eligibility for the subsidy ends, if you continue to receive COBRA coverage, you must pay the full COBRA premium without ...

Can you get a Cobra subsidy if you have Medicare?

If you become eligible for other group health coverage (such as coverage from a new job) or Medicare coverage, you're no longer eligible for the COBRA subsidy. You must notify the health plan that's been providing your COBRA coverage that you're no longer eligible for the subsidy. This notification must be made in writing.