Comprehensive COBRA Insurance Information

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New York COBRA Insurance

In addition to the federal COBRA insurance coverage, the state of New York 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 York.

Eligibility: In order to be eligible for New York 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 York. You are not eligible for New York 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 York 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 York COBRA insurance covers you for 18 months from the day your group health insurance plan stopped coverage. This applies to former employees, spouses, and dependents.

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

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

New York State Insurance Department
Albany Office
One Commerce Plaza
Albany, NY 12257
Phone:518-474-6600
http://www.ins.state.ny.us/

New York City Office
25 Beaver Street
New York, NY 10004-2319
Phone:212-480-6400

U.S. Department of Labor Employee Benefits Security Administration
New York (eastern)
New York Regional Office
33 Whitehall Street, Suite 1200
New York, NY 10004
Phone: 212-607-8600
Fax: 212-607-8681
http://www.dol.gov/ebsa/

New York (central/western)
Boston Regional Office
J.F.K. Building, Room 575
Boston, MA 02203

Frequently Asked Questions

Can I continue COBRA insurance just for my spouse?

Yes. When you receive your COBRA insurance enrollment form, you will be able to choose you would like to sign up for COBRA insurance coverage. This means that you can pick and choose who will continue to be covered under the health insurance policy with COBRA. You can choose to just cover your spouse and find alternative insurance for yourself.

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.

What other options do I have if I don't qualify or want state sponsored COBRA insurance?

There are many other options for health insurance, many of which are less expensive than typical COBRA plans: Alternatives to COBRA.

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.

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 change my COBRA insurance plan for a private medical insurance plan?

Under the COBRA insurance law, you can drop COBRA insurance at any time as long as you inform your insurance provider. This means that you can at any time convert to a private health insurance plan. Just be careful that when you drop COBRA insurance your other plan has started so you don't experience a lapse in coverage.

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.

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.

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.

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.

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