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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

Am I eligible for COBRA insurance if my company has under 20 employees?

Unfortunately you are not eligible for COBRA insurance under the federal law if your company has less than 20 employees. However, many states have created extended COBRA insurance benefit laws that apply to people who work for companies with between 2-19 employees. Learn more about COBRA continuation state policies.

Can I get COBRA insurance when my student insurance ends?

It depends on your university's insurance plan and how many people are covered under the plan. There is a possibility that you can sign up to keep your health insurance from the university under COBRA insurance. You should contact the health insurance provider/contact on campus to find out more information and/or call the insurance company themselves.

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.

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.

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.

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.

Who is eligible for COBRA insurance in my family?

If you are a covered employee under the COBRA insurance law, then generally anyone who was previously covered in your health plan will continued to be covered if you elect COBRA medical insurance. These generally includes your spouse, children, and any other dependents.

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.

I just qualified for Medicare, can my family still receive COBRA insurance?

Yes - if you were the one who was providing the COBRA insurance policy (i.e. COBRA kicked in because you no longer were covered due to job loss/quitting and elected to continue to keep your group health insurance with COBRA). Under the COBRA insurance laws, this is known as a secondary qualifying event which will allow your family to be covered for an additional 7 months.

What is state sponsored COBRA insurance?

State sponsored COBRA generally looks identical to the federal COBRA insurance coverage but applies to more people than the federal law. It allows someone to extend their group health insurance coverage after losing their job for a specified period of time. This time period varies from state to state. Also, the cost varies from state to state.

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