Comprehensive COBRA Insurance Information

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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: [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

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.

How do I apply for state sponsored COBRA insurance?

Every state has a specific application process to receive state sponsored COBRA insurance. Generally, you will need to request an election form from your employer and will have between 14-60 days to submit your form and pay the initial premium. On this form, you will have to prove that you are eligible and provide personal information for everyone you wish to remain on the plan under COBRA.

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.

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.

Are my children covered under COBRA insurance laws?

If your children were covered under your previous health insurance policy and you qualify for COBRA insurance so you can continue to receive your group health insurance, then your children will be covered as well in almost all cases. You can check by looking at your COBRA insurance election form or contacting your health insurance administrator.

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.

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 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 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.

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.

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