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 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.
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.
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 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.
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.
Can I use COBRA insurance more than once?
COBRA insurance laws apply each and every time you leave a job and meet the COBRA insurance eligibility requirements. That means that you can be eligible for COBRA insurance multiple times in your life as long as you meet the federal or state requirements.
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.
How do I apply for state sponsored COBRA insurance?
Every state has a specific application process to receive state sponsored COBRA insurance. Generally, you will need to request an election form from your employer and will have between 14-60 days to submit your form and pay the initial premium. On this form, you will have to prove that you are eligible and provide personal information for everyone you wish to remain on the plan under COBRA.
Can I sign up for COBRA insurance if I am self employed?
Unfortunately you will not be able to sign up for COBRA insurance if you are self employed. Federal COBRA insurance benefits only extend to people who work for companies with over 20 employees and state sponsored COBRA insurance policies may extend to companies with 2-19 employees. Most likely you will need to seek out COBRA insurance alternatives. The only other option you could possibly explore is if you belong to a group health insurance plan provided by an umbrella network of self employed individuals. If you are part of such a network, you may be eligible for COBRA insurance but you will have to reach out to your plan administrator.
