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
One Commerce Plaza
Albany, NY 12257
New York City Office
25 Beaver Street
New York, NY 10004-2319
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
New York (central/western)
Boston Regional Office
J.F.K. Building, Room 575
Boston, MA 02203
Frequently Asked Questions
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.
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.
I just had a baby, can I add him/her to my COBRA insurance plan?
It all depends on the health insurance policy that you chose to continue under the COBRA insurance law. Each group health insurance company has different policies so you will want to call your insurance provider. Under most policies you will be allowed to add your baby once you give birth.
What is state sponsored COBRA insurance?
State sponsored COBRA generally looks identical to the federal COBRA insurance coverage but applies to more people than the federal law. It allows someone to extend their group health insurance coverage after losing their job for a specified period of time. This time period varies from state to state. Also, the cost varies from state to state.
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.
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.
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.
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.
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.
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.