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

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
Phone: 212-607-8600
Fax: 212-607-8681

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

Frequently Asked Questions

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.

Can my health insurance plan change while covered under COBRA insurance?

It can. Since COBRA insurance is a law that permits someone to continue to have their previous health insurance plan, any changes to that plan will also change your health insurance plan under COBRA insurance. You should be notified of any of these changes and you can drop the policy at any time or seek our COBRA insurance alternatives.

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.

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.

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.

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 get COBRA insurance if I worked for a small company?

It depends on the size of your company and the number of employees covered under their insurance plan (either full time or their part time equivalents. Federal COBRA insurance only applies to companies who cover at least 20 employees. However, many states have created their own COBRA insurance laws to offer extended coverage to employees at companies with between 2-19 employees. Learn more about state sponsored COBRA insurance.

Can I be denied COBRA insurance if I have a preexisting condition?

No. As long as your were receiving health insurance in your previous job and meet all of the federal COBRA insurance requirements than you can no be denied COBRA insurance because of a preexisting condition.

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.

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.

More COBRA Insurance Questions and Answers


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