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
How do I add a dependent to my COBRA insurance?
Since COBRA insurance is just a law that enables you to continue to have access to your previous group health insurance, you would take the same steps to add a dependent. First contact your health insurance provider (not COBRA which is just the law that allows this) and find out their policy for adding a dependent.
How many days do I have to elect COBRA insurance?
Under the current law, you have 60 days to decide if you want to elect COBRA insurance. During that time it is important that you explore all of your options to make sure that is the right plan for you. The exact date that you need to make an enrollment decision will be listed on your COBRA insurance election form.
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.
Does COBRA insurance work in every state or only certain ones?
COBRA Insurance is a federal law, passed in 1985, which means that is works in every single state. Each and every state is required to offer continuation of health insurance with COBRA insurance as long as the employee meets the eligibility written in the law. If you do not meet the federal COBRA eligibility requirements, some states offer additional COBRA insurance plans for people at smaller companies normally known as mini-COBRA or COBRA continuation plans.
Can I keep COBRA insurance even if my new job offers health insurance?
Sometimes people may find a new job but still would like to stay on their previous plan with their former employer under COBRA because they prefer that plan. This is completely possible under COBRA insurance laws as long as you do not sign up for the new insurance. However, when your COBRA insurance benefits run out, you will likely want to sign up for your new employers health insurance plan or find a private plan.
Am I eligible for COBRA insurance if my company has under 20 employees?
Unfortunately you are not eligible for COBRA insurance under the federal law if your company has less than 20 employees. However, many states have created extended COBRA insurance benefit laws that apply to people who work for companies with between 2-19 employees. Learn more about COBRA continuation state policies.
Am I eligible for COBRA insurance if my company cancels their health insurance policy?
Unfortunately in most cases you will not be eligible for health insurance under COBRA insurance laws if your company stops providing health insurance. The reason is that COBRA insurance laws allow you to continue to receive your health insurance but if there is no health insurance to continue, then you are not able to keep insurance under COBRA. This means you will likely need to start exploring alternative health insurance options.
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 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.
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.