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 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.

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 COBRA application form I can download?

No. COBRA enrollment forms have to be provided by the employer and group health insurance provider. The election forms, although they contain similar information, contain specific individual information about your plan, the premium, and who is covered so they have to be provided by the employer or group health insurance plan. You should receive this from your employer, as it is their legal obligation to provide the COBRA insurance application, but if your are concerned you should reach out to your employer and request the application.

Can I sign up for COBRA Insurance if I retire?

Yes - under the COBRA insurance law, retiring from your job is considered a qualifying event which means you can elect to continue to keep your group health insurance plan with COBRA insurance. Make sure to get the COBRA enrollment form from your employer, complete it on time, and submit it on time with the premium that is due.

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.

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.

Am I eligible for COBRA insurance if my company cancels their health insurance policy?

Unfortunately in most cases you will not be eligible for health insurance under COBRA insurance laws if your company stops providing health insurance. The reason is that COBRA insurance laws allow you to continue to receive your health insurance but if there is no health insurance to continue, then you are not able to keep insurance under COBRA. This means you will likely need to start exploring alternative health insurance options.

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.

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.

Can my health insurance plan change while covered under COBRA insurance?

It can. Since COBRA insurance is a law that permits someone to continue to have their previous health insurance plan, any changes to that plan will also change your health insurance plan under COBRA insurance. You should be notified of any of these changes and you can drop the policy at any time or seek our COBRA insurance alternatives.

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