New Mexico COBRA Insurance
In addition to the federal COBRA insurance coverage, the state of New Mexico 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 Mexico.
Eligibility: In order to be eligible for New Mexico 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 Mexico. You are not eligible for New Mexico 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 Mexico 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 Mexico COBRA insurance covers you for 6 months from the day your group health insurance plan stopped coverage. This applies to former employees, spouses, and dependents.
Termination: New Mexico COBRA insurance can be terminated for a variety of reasons. The most common reasons for termination of New Mexico COBRA insurance coverage is failure to pay premiums, termination of the group health insurance plan by the employer.
For help signing up for New Mexico COBRA insurance, you may consider contacting the following state agencies.
New Mexico Insurance Division
P.E.R.A. Bldg., 4th Floor
1120 Paseo de Peralta
Santa Fe, NM 87501
Phone: 505-827-4601 or 800-947-4722
http://www.nmprc.state.nm.us/id.htm
U.S. Department of Labor Employee Benefits Security Administration
Dallas Regional Office
525 South Griffin Street, Room 900
Dallas, TX 75202-5025
Phone: 972-850-4500
Fax: 214-767-1055
http://www.dol.gov/ebsa/
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.
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.
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 keep COBRA insurance even if my new job offers health insurance?
Sometimes people may find a new job but still would like to stay on their previous plan with their former employer under COBRA because they prefer that plan. This is completely possible under COBRA insurance laws as long as you do not sign up for the new insurance. However, when your COBRA insurance benefits run out, you will likely want to sign up for your new employers health insurance plan or find a private plan.
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.
How many days do I have to elect COBRA insurance?
Under the current law, you have 60 days to decide if you want to elect COBRA insurance. During that time it is important that you explore all of your options to make sure that is the right plan for you. The exact date that you need to make an enrollment decision will be listed on your COBRA insurance election form.
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.
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.
My COBRA insurance premium payment was lost in the mail, what can I do so I do not lose coverage?
The very first thing you should do is reach out to the group health insurance provider you are receiving insurance from with COBRA. Let them know what happened and many times, if this is the first time it has happened and there isn't a pattern of missed payments they will work with you.
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.
