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
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.
Is it hard to find a new doctor if I sign up for COBRA insurance?
Since COBRA insurance is just the law that allows you to continue to maintain your group health insurance plan, finding a doctor will be the exact same as it was on the plan you had while you were working. Remember COBRA just allows you to keep that plan. This means that you can keep all the same doctors and finding a new doctor falls under the same restrictions as it did while you were employed.
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.
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.
Can I sign up for COBRA Insurance if I retire?
Yes - under the COBRA insurance law, retiring from your job is considered a qualifying event which means you can elect to continue to keep your group health insurance plan with COBRA insurance. Make sure to get the COBRA enrollment form from your employer, complete it on time, and submit it on time with the premium that is due.
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.
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.
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.
Why would I apply for state sponsored COBRA health insurance?
The most common reason that someone would apply for a state sponsored COBRA insurance plan is because they do not qualify under the federal COBRA insurance laws. In many states, there are state sponsored programs often called Mini COBRA laws or COBRA continuation laws which extend COBRA benefits to people who work at companies of between 2-19 employees and wouldn't be eligible under the federal law.
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.