What Is The Federal Cobra Law?

by | Last updated on January 24, 2024

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The Consolidated Omnibus Budget Reconciliation Act (COBRA)

gives workers and their families who lose their health benefits the right to choose to continue group health benefits provided by their group health plan for limited periods

of time under certain circumstances such as voluntary or involuntary job loss, …

How does the COBRA Act work?

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 that they would otherwise lose after

they: Reduce their work hours. Quit their jobs.

Who is eligible for federal COBRA?

Plan Coverage – COBRA covers group health plans sponsored by an employer (private-sector or state/local government) that

employed at least 20 employees on more than 50 percent of its typical business days in the previous calendar year

.

Do employers have to pay COBRA?

The American Rescue Plan Act (ARPA) significantly impacts employers who have terminated or reduced the hours of an employee. As of April 1st, 100 percent of premiums for COBRA or state continuation coverage must be paid by the employer.

How long do employers have to offer COBRA?

Plans must give each qualified beneficiary

at least 60 days

to choose whether or not to elect COBRA coverage, beginning from the date the election notice is provided, or the date the qualified beneficiary would otherwise lose coverage under the group health plan due to the qualifying event, whichever is later.

Why is Cobra so expensive?

The cost of COBRA insurance is high because

you are now paying the full health insurance premium

, including the portion your previous employer was paying. Often times there is an additional 2% administration fee for an insurance third-party administrator for processing the COBRA paperwork.

How long does federal Cobra last?

Federal COBRA generally extends for

18 months

. Individuals with certain qualifying events may be eligible for a longer extension (e.g., 29 or 36 months).

How much does Cobra cost a month?

On Average, The Monthly COBRA Premium Cost Is

$400 – 500 Per Person

. Continuing on an employer's major medical health plan with COBRA is expensive. You are now responsible for the entire insurance premium, whereas your previous employer subsidized a portion of that as a work benefit.

Is Cobra a good insurance?


COBRA provides a good option for keeping your employer-sponsored health benefits temporarily

. The cost can be high, but if you have some savings in an HSA, that can help offset your costs. Make an informed decision by looking at all your options during the 60-day enrollment period, and don't focus on the premium alone.

Can I get Cobra for 36 months?

When Federal COBRA ends, eligible employees can buy 18 months additional health coverage under Cal-COBRA. All qualified beneficiaries are generally eligible for continuation coverage for

36 months after the date the qualified beneficiary's benefits would otherwise have terminated

.

Can I get Cobra if I am fired?

You and other covered members of your family are eligible for COBRA continuation coverage if your employment hours are reduced or you quit your job, are laid off or

fired — except in cases of gross misconduct

.

Is Cobra cheaper than individual insurance?


COBRA health insurance is usually more expensive than individual insurance

, especially if you qualify for ACA plan subsidies. ACA subsidies reduce the cost of ACA plans. The subsidies are only eligible for ACA plans. Those subsidies can reduce ACA plan costs for hundreds of dollars.

How do I calculate Cobra costs?


Multiply the total monthly cost by the percentage you will pay

. For example, assume the total monthly cost of your insurance is $450 and you must pay 102 percent as a monthly premium. Multiply $450 by 1.02 percent to arrive at a monthly premium of $459.

What is the penalty for not offering cobra?

Employers who fail to comply with the COBRA requirements can be required to pay a steep price. Failure to provide the COBRA election notice within this time period can subject employers to a penalty of

up to $110 per day

, as well as the cost of medical expenses incurred by the qualified beneficiary.

How does Cobra insurance work if I retire at 62?

Retirees can use COBRA Insurance

For 18 Months

When a qualified beneficiary retires from their job, the retired worker is entitled for up to 18 months health insurance continuation, which is the maximum amount of time an employee can keep COBRA continuation.

Can you get Cobra if you voluntarily leave a job?


Yes

, you can sign up for COBRA health insurance coverage if you quit your job. You're also eligible for COBRA insurance if you lost your coverage because of a spouse's death or divorce; your employer cut your hours; or you're fired and not for gross misconduct.

James Park
Author
James Park
Dr. James Park is a medical doctor and health expert with a focus on disease prevention and wellness. He has written several publications on nutrition and fitness, and has been featured in various health magazines. Dr. Park's evidence-based approach to health will help you make informed decisions about your well-being.