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 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 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 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.
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 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.
Can I continue COBRA insurance just for my spouse?
Yes. When you receive your COBRA insurance enrollment form, you will be able to choose you would like to sign up for COBRA insurance coverage. This means that you can pick and choose who will continue to be covered under the health insurance policy with COBRA. You can choose to just cover your spouse and find alternative insurance for yourself.
Will COBRA insurance work outside of the United States?
That all depends on the type of health insurance plan that you had with your previous employer. If the insurance company would have covered you if you moved out of the country, then they still will. However, most insurance plans only work in a select area and will not work oversees, therefore meaning COBRA insurance will not work outside of the United States. You can contact your health insurance provider to find out if you will be covered out of the country.
Will I need new health insurance cards with COBRA insurance?
Because COBRA insurance is just the law that allows you to keep your health insurance previously provided by your employer, given you meet the requirements, you will not need to get a new health insurance card in most cases. Your health insurance will not change when you sign up for COBRA insurance and therefore you will in most circumstances not need a new health insurance card.
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.
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.