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
U.S. Department of Labor Employee Benefits Security Administration
Dallas Regional Office
525 South Griffin Street, Room 900
Dallas, TX 75202-5025
Frequently Asked Questions
Can I sign up for COBRA insurance if I quit my job?
Yes! Under COBRA insurance you can sign up for COBRA insurance if you leave your job voluntarily (i.e. quitting) or involuntarily (i.e. being laid off). You will need to complete the COBRA insurance enrollment form which should be provided by your employer.
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.
How do I apply for state sponsored COBRA insurance?
Every state has a specific application process to receive state sponsored COBRA insurance. Generally, you will need to request an election form from your employer and will have between 14-60 days to submit your form and pay the initial premium. On this form, you will have to prove that you are eligible and provide personal information for everyone you wish to remain on the plan under COBRA.
Does COBRA insurance qualify as creditable coverage?
Yes - electing to continue your health insurance coverage with COBRA insurance, will qualify as creditable coverage (under the HIPAA) law. Creditable coverage helps ensure that you are not excluded from a health insurance policy in the future due to a preexisting condition.
Can I get COBRA insurance if I am not a U.S. citizen?
If your worked for a U.S. company that provides health insurance and you meet the federal requirement for COBRA insurance eligibility than you can be covered whether you are a U.S. citizen or not. Make sure to get the COBRA insurance election form from your employer and submit it on time and you should be covered along with your dependents and/or spouse.
Can I be denied COBRA insurance if I have a preexisting condition?
No. As long as your were receiving health insurance in your previous job and meet all of the federal COBRA insurance requirements than you can no be denied COBRA insurance because of a preexisting condition.
My COBRA insurance premium payment was lost in the mail, what can I do so I do not lose coverage?
The very first thing you should do is reach out to the group health insurance provider you are receiving insurance from with COBRA. Let them know what happened and many times, if this is the first time it has happened and there isn't a pattern of missed payments they will work with you.
Does COBRA insurance cover dental insurance as well?
If your previous health insurance plan with your previous employer including dental insurance then in most cases you will be able to continue to receive dental insurance with COBRA. When you receive your COBRA insurance election form, you will have to list what type of insurance you wish to continue with COBRA and who you want to be covered. If you wish to continue to have your dental insurance, make sure to mark this on the form. You will have to then pay the dental insurance premium along with the health insurance premium.
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.
Are my COBRA insurance premium payments tax deductible?
It all depends on your health insurance plan and your current income and taxes. Unfortunately there is no simple answer here. The easiest way to find out if your health insurance premiums under COBRA is to contact your health insurance administrator or reach out to the IRS or a specialized tax agent.