COBRA - Keeping Employer Group Health Insurance After a Job Ends - Federal & New York State Protections

Here are resources on rights to continue coverage after losing one's job, under the federal "COBRA" law.

FEDERAL INFO on COBRA 

• US Dept. of Labor COBRA Webpage

• One-year tolling period  during pandemic - extra one year to elect COBRA -- this special enrollment period extends until 60 days after the Public Health Emergeny ends.  THe PHE was just extended again on July 15, 2022 so will not end until at least Oct. 15, 2022.   See article about this extension and  see the actual DOL guidance on tolling  referenced in the above article-

  • EBSA Disaster Relief Notice 2021-01  (posted under COVID-19 dropdown on  US Dept of Labor Disaster Relief Info for Employers and Advisors)

NYS COBRA INFO 

• NYS Dept. of Financial Services COBRA website

• Unmarried children up to age 29 are now eligible for coverage under fully insured group policies maintained by a parent. Employers may permit children to enroll at a family member rate, but otherwise these children can enroll at the full adult rate. Information on this  program is available at  https://www.dfs.ny.gov/consumers/health_insurance/cobra_and_premium_assistance 

• Individuals and families who face the loss of COBRA coverage after 18 months may be eligible to extend their COBRA benefit under fully insured group plans for another 18 months as a result of a new New York State law  enacted in  11/2009,  Information and an FAQ  are available https://www.dfs.ny.gov/consumers/health_insurance/cobra_coverage_extension_36_Months 

Other Resources on COBRA in NYS 

• Extra Coverage Help Under the American Rescue Plan for New Yorkers Who Lost Jobs and Job-Based Insurance  (United Hospital Fund Aug. 2021)

  Extra Coverage Help Under the American Rescue Plan for New Yorkers Who Lost Jobs and Job-Based Insurance A HealthWatch brief examining the ways that the 2021 American Rescue Plan Act will help consumers afford premiums on lost employer-based coverage 

•  Grim Times and Health Insurance: Maintaining Coverage During the Pandemic

  Grim Times and Health Insurance: Maintaining Coverage During the Pandemic A consumer guide with practical advice on how New Yorkers can replace lost health coverage or find a new health plan during these perilous times. Available in English, Spanish, Simplified ...  United Hospital Fund Aug. 2021) 

• Medicare Rights Center - COBRA and Medicare coordination and related COBRA info

This article was authored by the Evelyn Frank Legal Resources Program of New York Legal Assistance Group.