West Virginia COBRA Insurance
In addition to the federal COBRA insurance coverage, the state of West 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 West Virginia.
Eligibility: In order to be eligible for West Virginia 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 West Virginia. You are not eligible for West Virginia 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 West Virginia 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: West Virginia 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: West Virginia COBRA insurance can be terminated for a variety of reasons. The most common reasons for termination of West Virginia COBRA insurance coverage is failure to pay premiums, termination of the group health insurance plan by the employer.
For help signing up for West Virginia COBRA insurance, you may consider contacting the following state agencies.
West Virginia Offices of the Insurance Commissioner
1124 Smith Street
Charleston, WV 25301
Phone: 1-888-TRY-WVIC or 304-558-3386
Email: [email protected]
http://www.wvinsurance.gov/
U.S. Department of Labor Employee Benefits Security Administration
Washington District Office
1335 East-West Highway, Suite 200
Silver Spring, MD 20910
Phone: 202-693-8700
Fax: 202-693-8736
http://www.dol.gov/ebsa/
Frequently Asked Questions
How do I add a dependent to my COBRA insurance?
Since COBRA insurance is just a law that enables you to continue to have access to your previous group health insurance, you would take the same steps to add a dependent. First contact your health insurance provider (not COBRA which is just the law that allows this) and find out their policy for adding a dependent.
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.
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 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.
Where do I get the COBRA insurance application/enrollment form?
The application for COBRA insurance, also know as the enrollment of election form, should be provided by your employer within 45 days of your last day of work. You can not use a generic form found online to elect COBRA medical insurance so you must reach out to your employer or health insurance company for the form. If 45 days have passed and you are sure you qualify for COBRA insurance, reach out to the Department of Labor at 866-444-3272.
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.
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.
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 drop my COBRA insurance coverage at any time?
Of course! COBRA insurance laws are meant to protect people and families while they seek out other health insurance either through an independent company or by becoming employed elsewhere. Therefore, you can drop your COBRA health insurance coverage at any time. You need to notify your group health insurance provider under COBRA when you would like the coverage to end. Make sure to check with your new employer or insurer for when the policy will become active. In many companies, there is a 90 day waiting period until COBRA insurance kicks in.
Can I get COBRA insurance if I am not a U.S. citizen?
If your worked for a U.S. company that provides health insurance and you meet the federal requirement for COBRA insurance eligibility than you can be covered whether you are a U.S. citizen or not. Make sure to get the COBRA insurance election form from your employer and submit it on time and you should be covered along with your dependents and/or spouse.