Comprehensive COBRA Insurance Information

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North Dakota COBRA Insurance

In addition to the federal COBRA insurance coverage, the state of North Dakota 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 North Dakota.

Eligibility: In order to be eligible for North Dakota 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 North Dakota. You are not eligible for North Dakota 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 North Dakota 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: North Dakota COBRA insurance covers you for 39 weeks from the day your group health insurance plan stopped coverage. This applies to former employees, spouses, and dependents.

Termination: North Dakota COBRA insurance can be terminated for a variety of reasons. The most common reasons for termination of North Dakota COBRA insurance coverage is failure to pay premiums, termination of the group health insurance plan by the employer.

For help signing up for North Dakota COBRA insurance, you may consider contacting the following state agencies.

North Dakota Insurance Department
State Capitol, Fifth Floor
600 East Boulevard Avenue
Bismarck, ND 58505-0320
Phone: 701-328-2440 or 800-247-0560
Fax: 701-328-4880
http://www.nd.gov/ndins/

U.S. Department of Labor Employee Benefits Security Administration
Kansas City Regional Office
2300 Main Street, Suite 1100
Kansas City, MO 64108
Phone: 816-285-1800
Fax: 816-285-1888
http://www.dol.gov/ebsa/

Frequently Asked Questions

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.

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.

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.

Where do I get the COBRA insurance application/enrollment form?

The application for COBRA insurance, also know as the enrollment of election form, should be provided by your employer within 45 days of your last day of work. You can not use a generic form found online to elect COBRA medical insurance so you must reach out to your employer or health insurance company for the form. If 45 days have passed and you are sure you qualify for COBRA insurance, reach out to the Department of Labor at 866-444-3272.

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.

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.

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 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.

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