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
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.
How much does COBRA insurance cost?
If you elect to sign up for COBRA health insurance coverage, you will be responsible for 100% of the premium for your insurance (including your contribution and any contribution your former employer made) plus a 2% administration fee. You can locate this information on a recent pay stub, by contacting your employer, or by looking on the COBRA insurance notification form that lists the premium due.
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 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.
Is there a grace period before they cancel COBRA insurance if I can't pay?
With most health insurance plans, there is a 30 day grace period, within which you need to pay your COBRA health insurance premium. If you fail to pay the premium within this window it is likely that your COBRA insurance will be cancelled and you will not be able to sign back up.
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.
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.
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.
Should I sign up for COBRA insurance if I only need insurance for a month?
As long as your new insurance will kick in within the 60 day window you have to elect to sign up for COBRA insurance, there is no need to sign up for COBRA insurance. The reason for this is that you elect to sign to sign up for COBRA insurance on the 60th day, your health insurance will be retroactive until the last day of your employment. That means that if for any reason you got sick or needed medical attention during the 60 days, you could then just pay the premium and be covered for those expenses. If you don't end up needing medical attention in those 60 days then you didn't waste the money paying for the two months of premiums. Essentially, you would actually never be without coverage, since you can activate it at any time within the 6o days and cover the full term.
Your other option would be to sign up for a short term health insurance plan, which can be anyway from 1 day to 1 year, at a much cheaper rate than COBRA. This would cover you for any major medical costs.
How much do I have to pay to sign up for COBRA insurance?
This is completely dependent on the day that you decide to elect to enroll in COBRA insurance. If you decide to enroll in COBRA insurance right away, you will just be responsible f or the first premium. However, if you wanted until the last day to enroll, you would have to pay 2 months of premiums. This is because COBRA insurance is retroactive back to the date your insurance coverage would have stopped and you need to pay to cover that full period. You can find out exactly what you need to pay by contacting your group health insurance plan.
