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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

Can I apply for COBRA insurance if I quit my job?

One of the great things about the COBRA law is that you are entitled to continue your coverage whether you lost your job voluntarily or involuntarily. This means that even if you quit your job, you and your family can still receive COBRA insurance benefits.

Can I get COBRA insurance if I worked for a small company?

It depends on the size of your company and the number of employees covered under their insurance plan (either full time or their part time equivalents. Federal COBRA insurance only applies to companies who cover at least 20 employees. However, many states have created their own COBRA insurance laws to offer extended coverage to employees at companies with between 2-19 employees. Learn more about state sponsored COBRA insurance.

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.

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.

Will COBRA insurance work outside of the United States?

That all depends on the type of health insurance plan that you had with your previous employer. If the insurance company would have covered you if you moved out of the country, then they still will. However, most insurance plans only work in a select area and will not work oversees, therefore meaning COBRA insurance will not work outside of the United States. You can contact your health insurance provider to find out if you will be covered out of the country.

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.

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.

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.

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.

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.

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