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 cover my children with COBRA insurance and not myself?
When you receive the COBRA insurance election form, you will have an option to choose who you want to be covered under the COBRA insurance continuation of your group health insurance plan. This means that you can choose to cover only your children, only your spouse, only yourself, or any combination depending on your needs.
You may want to consider who needs to keep the current health insurance plan under COBRA insurance the most (i.e. someone with a preexisting condition or someone who needs consistent medical care) and cover other family members on a less expensive plan.
Can my employer deny COBRA insurance benefits?
If you qualify for COBRA insurance under the federal eligibility requirements and have not left your job due to gross misconduct, then your employer can not deny you COBRA insurance benefits. If you think you are unfairly being denied COBRA insurance benefits by your employer you should reach out to the Department of Labor.
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.
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.
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.
How do I add a dependent to my COBRA insurance?
Since COBRA insurance is just a law that enables you to continue to have access to your previous group health insurance, you would take the same steps to add a dependent. First contact your health insurance provider (not COBRA which is just the law that allows this) and find out their policy for adding a dependent.
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.
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 cancel my COBRA insurance?
Of course! COBRA insurance is meant to be an interim way to keep health insurance after you lose or quit your job. Once you have found a new job with health insurance or decide to sign up for an alternative health insurance plan, you can cancel your COBRA insurance policy at any time by contacting your COBRA insurance administrator.