Comprehensive COBRA Insurance Information

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New York COBRA Insurance

In addition to the federal COBRA insurance coverage, the state of New York 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 York.

Eligibility: In order to be eligible for New York 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 York. You are not eligible for New York 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 York 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 York COBRA insurance covers you for 18 months from the day your group health insurance plan stopped coverage. This applies to former employees, spouses, and dependents.

Termination: New York COBRA insurance can be terminated for a variety of reasons. The most common reasons for termination of New York COBRA insurance coverage is failure to pay premiums, termination of the group health insurance plan by the employer.

For help signing up for New York COBRA insurance, you may consider contacting the following state agencies.

New York State Insurance Department
Albany Office
One Commerce Plaza
Albany, NY 12257
Phone:518-474-6600
http://www.ins.state.ny.us/

New York City Office
25 Beaver Street
New York, NY 10004-2319
Phone:212-480-6400

U.S. Department of Labor Employee Benefits Security Administration
New York (eastern)
New York Regional Office
33 Whitehall Street, Suite 1200
New York, NY 10004
Phone: 212-607-8600
Fax: 212-607-8681
http://www.dol.gov/ebsa/

New York (central/western)
Boston Regional Office
J.F.K. Building, Room 575
Boston, MA 02203

Frequently Asked Questions

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.

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 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.

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.

How much does COBRA insurance cost?

If you elect to sign up for COBRA health insurance coverage, you will be responsible for 100% of the premium for your insurance (including your contribution and any contribution your former employer made) plus a 2% administration fee. You can locate this information on a recent pay stub, by contacting your employer, or by looking on the COBRA insurance notification form that lists the premium due.

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.

I just qualified for Medicare, can my family still receive COBRA insurance?

Yes - if you were the one who was providing the COBRA insurance policy (i.e. COBRA kicked in because you no longer were covered due to job loss/quitting and elected to continue to keep your group health insurance with COBRA). Under the COBRA insurance laws, this is known as a secondary qualifying event which will allow your family to be covered for an additional 7 months.

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 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.

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.

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