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 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.
Can I sign up for COBRA insurance if I am self employed?
Unfortunately you will not be able to sign up for COBRA insurance if you are self employed. Federal COBRA insurance benefits only extend to people who work for companies with over 20 employees and state sponsored COBRA insurance policies may extend to companies with 2-19 employees. Most likely you will need to seek out COBRA insurance alternatives. The only other option you could possibly explore is if you belong to a group health insurance plan provided by an umbrella network of self employed individuals. If you are part of such a network, you may be eligible for COBRA insurance but you will have to reach out to your plan administrator.
Can I keep my HSA or flexible spending account with COBRA insurance?
COBRA insurance laws provide that you can continue to maintain your current health insurance plan if you leave or quit our job and meet the COBRA insurance requirements. This means that you can keep all benefits of the previous plan, including HSA and flexible spending accounts under COBRA insurance laws. If you have specific questions about what this looks like you should contact your group health insurance provider.
Can I sign up for COBRA insurance if I quit my job?
Yes! Under COBRA insurance you can sign up for COBRA insurance if you leave your job voluntarily (i.e. quitting) or involuntarily (i.e. being laid off). You will need to complete the COBRA insurance enrollment form which should be provided by your employer.
Does COBRA insurance work in every state or only certain ones?
COBRA Insurance is a federal law, passed in 1985, which means that is works in every single state. Each and every state is required to offer continuation of health insurance with COBRA insurance as long as the employee meets the eligibility written in the law. If you do not meet the federal COBRA eligibility requirements, some states offer additional COBRA insurance plans for people at smaller companies normally known as mini-COBRA or COBRA continuation plans.
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 drop my COBRA insurance coverage at any time?
Of course! COBRA insurance laws are meant to protect people and families while they seek out other health insurance either through an independent company or by becoming employed elsewhere. Therefore, you can drop your COBRA health insurance coverage at any time. You need to notify your group health insurance provider under COBRA when you would like the coverage to end. Make sure to check with your new employer or insurer for when the policy will become active. In many companies, there is a 90 day waiting period until COBRA insurance kicks in.
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.
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 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.