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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

How do I know if my state offers state sponsored COBRA insurance?

Unfortunately not every state offers extended COBRA insurance plans. To learn whether or not your state offers COBRA insurance plans, please visit the COBRA Insurance by State Section and select your state.

Is there a cap to the amount COBRA insurance premiums cost?

Unfortunately under the current COBRA insurance laws, there is no cap to the cost of COBRA insurance premiums. The premium is calculated based on the current cost of the group health insurance premium at your company plus the 2% administration fee.

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.

Who is eligible for COBRA insurance in my family?

If you are a covered employee under the COBRA insurance law, then generally anyone who was previously covered in your health plan will continued to be covered if you elect COBRA medical insurance. These generally includes your spouse, children, and any other dependents.

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.

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.

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 I get COBRA insurance if I am not a U.S. citizen?

If your worked for a U.S. company that provides health insurance and you meet the federal requirement for COBRA insurance eligibility than you can be covered whether you are a U.S. citizen or not. Make sure to get the COBRA insurance election form from your employer and submit it on time and you should be covered along with your dependents and/or spouse.

I signed up for COBRA insurance but never paid the premium because it is too expensive, am I still covered?

Since you didn't pay the premium, you are no longer covered under the COBRA insurance continuation law with your group health insurance policy. However, if 30 days haven't passed and now you want COBRA insurance, you can still pay the premium and keep your coverage. If you need to explore additional health insurance options, you will want to learn about cobra health insurance alternatives.

Can I use COBRA insurance more than once?

COBRA insurance laws apply each and every time you leave a job and meet the COBRA insurance eligibility requirements. That means that you can be eligible for COBRA insurance multiple times in your life as long as you meet the federal or state requirements.

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