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South Dakota COBRA Insurance

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

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

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

South Dakota Division of Insurance
445 East Capitol Avenue
Pierre, SD 57501
Phone: 605-773-3563
Fax: 605-773-5369
Email: [email protected]
http://www.state.sd.us/drr2/reg/insurance/

U.S. Department of Labor Employee Benefits Security Administration
Kansas City Regional Office
2300 Main Street, Suite 1100
Kansas City, MO 64108
Phone: 816-285-1800
Fax: 816-285-1888
http://www.dol.gov/ebsa/

Frequently Asked Questions

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 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.

Does COBRA insurance qualify as creditable coverage?

Yes - electing to continue your health insurance coverage with COBRA insurance, will qualify as creditable coverage (under the HIPAA) law. Creditable coverage helps ensure that you are not excluded from a health insurance policy in the future due to a preexisting condition.

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 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.

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.

Why would I apply for state sponsored COBRA health insurance?

The most common reason that someone would apply for a state sponsored COBRA insurance plan is because they do not qualify under the federal COBRA insurance laws. In many states, there are state sponsored programs often called Mini COBRA laws or COBRA continuation laws which extend COBRA benefits to people who work at companies of between 2-19 employees and wouldn't be eligible under the federal law.

Does COBRA insurance cover dental insurance as well?

If your previous health insurance plan with your previous employer including dental insurance then in most cases you will be able to continue to receive dental insurance with COBRA. When you receive your COBRA insurance election form, you will have to list what type of insurance you wish to continue with COBRA and who you want to be covered. If you wish to continue to have your dental insurance, make sure to mark this on the form. You will have to then pay the dental insurance premium along with the health insurance premium.

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.

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.

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