Comprehensive COBRA Insurance Information

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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

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.

Where do I get the COBRA insurance application/enrollment form?

The application for COBRA insurance, also know as the enrollment of election form, should be provided by your employer within 45 days of your last day of work. You can not use a generic form found online to elect COBRA medical insurance so you must reach out to your employer or health insurance company for the form. If 45 days have passed and you are sure you qualify for COBRA insurance, reach out to the Department of Labor at 866-444-3272.

Can I cancel my COBRA insurance?

Of course! COBRA insurance is meant to be an interim way to keep health insurance after you lose or quit your job. Once you have found a new job with health insurance or decide to sign up for an alternative health insurance plan, you can cancel your COBRA insurance policy at any time by contacting your COBRA insurance administrator.

Are my children covered under COBRA insurance laws?

If your children were covered under your previous health insurance policy and you qualify for COBRA insurance so you can continue to receive your group health insurance, then your children will be covered as well in almost all cases. You can check by looking at your COBRA insurance election form or contacting your health insurance administrator.

Are there good COBRA insurance alternatives if I have a preexisting condition?

Likely, COBRA insurance will be your best option if you have a preexisting condition. However it is always worth it to explore alternative options and explain your condition to find out if there is a cheaper option even though you have a preexisting condition. Either way, it is incredibly important to keep some type of medical insurance.

Can my health insurance plan change while covered under COBRA insurance?

It can. Since COBRA insurance is a law that permits someone to continue to have their previous health insurance plan, any changes to that plan will also change your health insurance plan under COBRA insurance. You should be notified of any of these changes and you can drop the policy at any time or seek our COBRA insurance alternatives.

Can my employer deny COBRA insurance benefits?

If you qualify for COBRA insurance under the federal eligibility requirements and have not left your job due to gross misconduct, then your employer can not deny you COBRA insurance benefits. If you think you are unfairly being denied COBRA insurance benefits by your employer you should reach out to the Department of Labor.

Can I cover my children with COBRA insurance and not myself?

When you receive the COBRA insurance election form, you will have an option to choose who you want to be covered under the COBRA insurance continuation of your group health insurance plan. This means that you can choose to cover only your children, only your spouse, only yourself, or any combination depending on your needs.

You may want to consider who needs to keep the current health insurance plan under COBRA insurance the most (i.e. someone with a preexisting condition or someone who needs consistent medical care) and cover other family members on a less expensive plan.

Can I drop my COBRA insurance coverage at any time?

Of course! COBRA insurance laws are meant to protect people and families while they seek out other health insurance either through an independent company or by becoming employed elsewhere. Therefore, you can drop your COBRA health insurance coverage at any time. You need to notify your group health insurance provider under COBRA when you would like the coverage to end. Make sure to check with your new employer or insurer for when the policy will become active. In many companies, there is a 90 day waiting period until COBRA insurance kicks in.

Is there a COBRA application form I can download?

No. COBRA enrollment forms have to be provided by the employer and group health insurance provider. The election forms, although they contain similar information, contain specific individual information about your plan, the premium, and who is covered so they have to be provided by the employer or group health insurance plan. You should receive this from your employer, as it is their legal obligation to provide the COBRA insurance application, but if your are concerned you should reach out to your employer and request the application.

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