Virginia COBRA Insurance
In addition to the federal COBRA insurance coverage, the state of Virginia 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 Virginia. This law is called Virginia Continuation Coverage.
Eligibility: In order to be eligible for Virginia Continuation Coverage 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 Virginia. You are not eligible for Virginia Continuation Coverage insurance if you are eligible for Medicare or if you qualify for another group health insurance plan.
Signing Up: To sign up for the Virginia Continuation 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: Virginia Continuation insurance covers you for 90 days from the day your group health insurance plan stopped coverage. This applies to former employees, spouses, and dependents.
Termination: Virginia Continuation insurance can be terminated for a variety of reasons. The most common reasons for termination of Virginia Continuation insurance coverage is failure to pay premiums, termination of the group health insurance plan by the employer.
For help signing up for Virginia Continuation insurance, you may consider contacting the following state agencies.
Virginia Bureau of Insurance
P.O. Box 1157
Richmond, Virginia , 23218
Phone: 800-552-7945 (Virginia only) or 804-371-9741
Email: [email protected]
http://www.scc.virginia.gov/division/boi/
U.S. Department of Labor Employee Benefits Security Administration
Washington District Office
1335 East-West Highway, Suite 200
Silver Spring, MD 20910
Tel 202.693.8700
Fax 202.693.8736
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 keep the same health insurance plan with COBRA insurance?
That is exactly what COBRA insurance is for. COBRA insurance actually refers to the law that was passed in 1985 and not to a specific type of insurance. The law allows you to keep your current health insurance plan as long as you meet federal requirements which means that yes, you can and will keep the exact same health insurance plan.
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.
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.
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.
Are there good COBRA insurance alternatives if I have a preexisting condition?
Likely, COBRA insurance will be your best option if you have a preexisting condition. However it is always worth it to explore alternative options and explain your condition to find out if there is a cheaper option even though you have a preexisting condition. Either way, it is incredibly important to keep some type of medical insurance.
Can I sign up for COBRA insurance after the 60 day window?
Unfortunately you can not sign up for COBRA insurance after the 60 day enrollment window has ended. If that window has passed you will need to look for alternative insurance through a private company so that you can have health insurance.
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.
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.
