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
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 I apply for COBRA insurance if I quit my job?
One of the great things about the COBRA law is that you are entitled to continue your coverage whether you lost your job voluntarily or involuntarily. This means that even if you quit your job, you and your family can still receive COBRA insurance benefits.
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 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 the same health insurance plan with COBRA insurance?
That is exactly what COBRA insurance is for. COBRA insurance actually refers to the law that was passed in 1985 and not to a specific type of insurance. The law allows you to keep your current health insurance plan as long as you meet federal requirements which means that yes, you can and will keep the exact same health insurance plan.
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.
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.
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.
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.
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.