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New Mexico COBRA Insurance

In addition to the federal COBRA insurance coverage, the state of New Mexico also offers an extended COBRA insurance plan for employees at companies with between 2-19 employees. This means that even if you do not meet the requirements for federal COBRA insurance, you may still be eligible for COBRA insurance coverage in New Mexico.

Eligibility: In order to be eligible for New Mexico COBRA insurance, you must have been covered by the employer group health insurance plan employment loss and have a qualifying event that entitles you to COBRA insurance. You also can not qualify for federal COBRA insurance. As with federal COBRA laws, your beneficiaries are also eligible for COBRA insurance in New Mexico. You are not eligible for New Mexico COBRA insurance if you are eligible for Medicare or if you qualify for another group health insurance plan.

Signing Up: To sign up for the New Mexico COBRA insurance coverage, you must apply in writing after employment loss. You also must pay the COBRA premium in advance. Your employer and the group health insurer should provide you with an election notice for COBRA insurance when your employment ends, however you should immediately reach out to your insurer if you do not receive notification.

Length of Coverage: New Mexico COBRA insurance covers you for 6 months from the day your group health insurance plan stopped coverage. This applies to former employees, spouses, and dependents.

Termination: New Mexico COBRA insurance can be terminated for a variety of reasons. The most common reasons for termination of New Mexico COBRA insurance coverage is failure to pay premiums, termination of the group health insurance plan by the employer.

For help signing up for New Mexico COBRA insurance, you may consider contacting the following state agencies.

New Mexico Insurance Division
P.E.R.A. Bldg., 4th Floor
1120 Paseo de Peralta
Santa Fe, NM 87501
Phone: 505-827-4601 or 800-947-4722
http://www.nmprc.state.nm.us/id.htm

U.S. Department of Labor Employee Benefits Security Administration
Dallas Regional Office
525 South Griffin Street, Room 900
Dallas, TX 75202-5025
Phone: 972-850-4500
Fax: 214-767-1055
http://www.dol.gov/ebsa/

Frequently Asked Questions

I just had a baby, can I add him/her to my COBRA insurance plan?

It all depends on the health insurance policy that you chose to continue under the COBRA insurance law. Each group health insurance company has different policies so you will want to call your insurance provider. Under most policies you will be allowed to add your baby once you give birth.

I signed up for COBRA insurance but never paid the premium because it is too expensive, am I still covered?

Since you didn't pay the premium, you are no longer covered under the COBRA insurance continuation law with your group health insurance policy. However, if 30 days haven't passed and now you want COBRA insurance, you can still pay the premium and keep your coverage. If you need to explore additional health insurance options, you will want to learn about cobra health insurance alternatives.

Can my COBRA insurance premiums change?

Yes. Since COBRA insurance is just a continuation of your group health insurance plan, any changes to that plan, including an increase or decrease in premium costs, will also affect your premium cost under COBRA insurance. Your bill will reflect any changes in costs for the premium. COBRA insurance premiums cannot be locked in at any point.

Can I sign up for COBRA Insurance if I retire?

Yes - under the COBRA insurance law, retiring from your job is considered a qualifying event which means you can elect to continue to keep your group health insurance plan with COBRA insurance. Make sure to get the COBRA enrollment form from your employer, complete it on time, and submit it on time with the premium that is due.

Can I get COBRA insurance if I worked for a small company?

It depends on the size of your company and the number of employees covered under their insurance plan (either full time or their part time equivalents. Federal COBRA insurance only applies to companies who cover at least 20 employees. However, many states have created their own COBRA insurance laws to offer extended coverage to employees at companies with between 2-19 employees. Learn more about state sponsored COBRA insurance.

Is there a grace period before they cancel COBRA insurance if I can't pay?

With most health insurance plans, there is a 30 day grace period, within which you need to pay your COBRA health insurance premium. If you fail to pay the premium within this window it is likely that your COBRA insurance will be cancelled and you will not be able to sign back up.

Can I keep my HSA or flexible spending account with COBRA insurance?

COBRA insurance laws provide that you can continue to maintain your current health insurance plan if you leave or quit our job and meet the COBRA insurance requirements. This means that you can keep all benefits of the previous plan, including HSA and flexible spending accounts under COBRA insurance laws. If you have specific questions about what this looks like you should contact your group health insurance provider.

Should I sign up for COBRA insurance if I only need insurance for a month?

As long as your new insurance will kick in within the 60 day window you have to elect to sign up for COBRA insurance, there is no need to sign up for COBRA insurance. The reason for this is that you elect to sign to sign up for COBRA insurance on the 60th day, your health insurance will be retroactive until the last day of your employment. That means that if for any reason you got sick or needed medical attention during the 60 days, you could then just pay the premium and be covered for those expenses. If you don't end up needing medical attention in those 60 days then you didn't waste the money paying for the two months of premiums. Essentially, you would actually never be without coverage, since you can activate it at any time within the 6o days and cover the full term.

Your other option would be to sign up for a short term health insurance plan, which can be anyway from 1 day to 1 year, at a much cheaper rate than COBRA. This would cover you for any major medical costs.

Why would I apply for state sponsored COBRA health insurance?

The most common reason that someone would apply for a state sponsored COBRA insurance plan is because they do not qualify under the federal COBRA insurance laws. In many states, there are state sponsored programs often called Mini COBRA laws or COBRA continuation laws which extend COBRA benefits to people who work at companies of between 2-19 employees and wouldn't be eligible under the federal law.

How much do I have to pay to sign up for COBRA insurance?

This is completely dependent on the day that you decide to elect to enroll in COBRA insurance. If you decide to enroll in COBRA insurance right away, you will just be responsible f or the first premium. However, if you wanted until the last day to enroll, you would have to pay 2 months of premiums. This is because COBRA insurance is retroactive back to the date your insurance coverage would have stopped and you need to pay to cover that full period. You can find out exactly what you need to pay by contacting your group health insurance plan.

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