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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: bureauofins[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

Who is eligible for COBRA insurance in my family?

If you are a covered employee under the COBRA insurance law, then generally anyone who was previously covered in your health plan will continued to be covered if you elect COBRA medical insurance. These generally includes your spouse, children, and any other dependents.

Can I keep COBRA insurance even if my new job offers health insurance?

Sometimes people may find a new job but still would like to stay on their previous plan with their former employer under COBRA because they prefer that plan. This is completely possible under COBRA insurance laws as long as you do not sign up for the new insurance. However, when your COBRA insurance benefits run out, you will likely want to sign up for your new employers health insurance plan or find a private plan.

Where do I send my monthly COBRA insurance premiums?

Since COBRA insurance is the law that allows you to maintain your health insurance not the actual insurance, you will send the monthly premiums to your group health insurance company. This is the same one that you had when you were employed. Normally the address is located on your COBRA election form and if you can no find that, you can call your former employer or the health insurance provider.

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.

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 I apply for COBRA insurance if I quit my job?

One of the great things about the COBRA law is that you are entitled to continue your coverage whether you lost your job voluntarily or involuntarily. This means that even if you quit your job, you and your family can still receive COBRA insurance benefits.

Will COBRA insurance work outside of the United States?

That all depends on the type of health insurance plan that you had with your previous employer. If the insurance company would have covered you if you moved out of the country, then they still will. However, most insurance plans only work in a select area and will not work oversees, therefore meaning COBRA insurance will not work outside of the United States. You can contact your health insurance provider to find out if you will be covered out of the country.

Am I eligible for COBRA insurance if my company has under 20 employees?

Unfortunately you are not eligible for COBRA insurance under the federal law if your company has less than 20 employees. However, many states have created extended COBRA insurance benefit laws that apply to people who work for companies with between 2-19 employees. Learn more about COBRA continuation state policies.

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 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.

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