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South Carolina COBRA Insurance

In addition to the federal COBRA insurance coverage, the state of South Carolina 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 South Carolina.

Eligibility: In order to be eligible for South Carolina 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 South Carolina. You are not eligible for South Carolina 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 South Carolina 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: South Carolina 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: South Carolina COBRA insurance can be terminated for a variety of reasons. The most common reasons for termination of South Carolina COBRA insurance coverage is failure to pay premiums, termination of the group health insurance plan by the employer.

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

South Carolina Department of Insurance
Street Address: 1201 Main Street, Suite 1000, Columbia, SC 29201
Mailing Address: Post Office Box 100105, Columbia, SC 29202
Phone: 803-737-6160
Fax: 803-737-6205
Email: [email protected]
http://doi.sc.gov/Pages/default.aspx

U.S. Department of Labor Employee Benefits Security Administration
Atlanta Regional Office
61 Forsyth Street, SW, Suite 7B54
Atlanta, GA 30303
Phone: 404-302-3900 Fax: 404-302-3975
http://www.dol.gov/ebsa/

Frequently Asked Questions

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 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.

How many days do I have to elect COBRA insurance?

Under the current law, you have 60 days to decide if you want to elect COBRA insurance. During that time it is important that you explore all of your options to make sure that is the right plan for you. The exact date that you need to make an enrollment decision will be listed on your COBRA insurance election form.

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 cancel my COBRA insurance?

Of course! COBRA insurance is meant to be an interim way to keep health insurance after you lose or quit your job. Once you have found a new job with health insurance or decide to sign up for an alternative health insurance plan, you can cancel your COBRA insurance policy at any time by contacting your COBRA insurance administrator.

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.

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.

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.

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 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.

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