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COBRA Insurance Rules

Posted on: September 26th, 2012 by Kristen Marie

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Like any other federal law, there are lot of COBRA rules that are important to understand and follow to ensure that you get the coverage you want and are able to keep it. Failure to follow the rules for COBRA can result in you losing your coverage or not being able to sign up at all. Additionally family members and other beneficiaries may miss out if they are unaware of when they need to notify insurance companies and workplaces of their wishes. Make sure to follow these rules when even considering COBRA health insurance.

Rules for Signing Up

There are certain rules that both the employer and employee must follow in order to sign up for COBRA health and make sure they get the coverage they want.

  • The employer must notify the employee of their COBRA rights when they first become employed
  • The employer has 14 days to notify the employee and their beneficiaries of their eligibility
  • The employee and beneficiaries have 60 days from the date on the notice to sign up for COBRA
  • COBRA is retroactive back to the day coverage was lost if someone signs up
  • In the event of divorce, death, Medicaid qualification, or loss of dependent status it is the responsibility of the beneficiary to inform the workplace and insurance company of their intention to sign up for COBRA

Rules About Cost

The federal government also set very specific rules about the cost of COBRA that anyone on the federal plan must follow in order to be in compliance.

  • COBRA will cost 102% of the full premium
  • Employers are not required by law to subsidize any part of the COBRA expense
  • Insurance companies may cancel your COBRA coverage if you fail to pay your premium on time

Rules About Changes to Plans

Many people want to know what happens to their plan when the company changes the plan or even goes out of business. Here are the most common COBRA rules regarding changes to health plans.

  • If the company goes out of business or stops offering health insurance plan, your COBRA coverage will end
  • If the company changes insurance providers, you will have the same option to switch to the new provider as you would if you were still employed. Make sure to closely look at any changes in coverage and cost before just enrolling in the new plan
  • Open enrollment works the same with COBRA as it did while you were employed. Always plan carefully around open enrollment since COBRA only lasts for 18 months.
  • If the employer decides to increase the cost of the health plan, the same price increases will be passed onto your COBRA coverage.
  • Any changes to the cost of co-payments, deductibles, hospital charges, co-insurance, etc. will also affect your plan

Anytime you are unsure of the COBRA rules the best thing to always do is to call your health insurance provider or the Human Assets department at your former company. Additionally our questions and answers about COBRA can help you find information you are looking for about COBRA coverage, eligibility, and more.

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