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  Public Policy & Activism > Government Insurance & Benefits > Group Health Insurance

Group Health Insurance After Employment Ends

 

What Is COBRA Insurance?

COBRA insurance is based on a law that allows certain employees and their dependents to buy continued health insurance coverage through the employer's health plan when the employees stop working. In New York, COBRA applies to group health plans offered to most employees, except for Federal Government employees and certain other special types of employees. It is available to employees in New York, regardless of the number of employees in the organization, so long as the employer continues to offer the group coverage to current employees.

How Do I Obtain COBRA?

In order to obtain COBRA, you need to have been a member of the employer's group plan when you were last employed. At the time of your departure or soon after, the employer is required to offer you in writing the option of selecting COBRA health insurance. You will have 60 days to make the selection from the time the written option is sent or given to you.

If you select COBRA health insurance, the employer will ask you to pay for the premium on the coverage plus an extra 2% surcharge. You are responsible for the payment; however, there are some Government programs available in New York State that will assist with the payment based upon certain income/asset criteria. Please note, the initial payment must be made within 45 days of the date that you select to have COBRA insurance. In addition, the payment must cover the period from the time you last were covered through the present.

Why Would I Want COBRA?

COBRA health insurance allows you to continue the health care benefits that you had when you were an employee in the group health plan. Continuity of care is important. Although you no longer work for the employer, you will have the same health care benefits from the same plan as current employees. Therefore, if the employer changes health care plans, the COBRA members' plans change as well.

COBRA health insurance lasts a minimum of 18 months or until you receive coverage through a new employer or through purchase of an individual plan. COBRA can last as long as 29 months, if you leave your job for disability reasons or become "disabled" (as defined by Social Security) within 60 days of leaving and are approved for Social Security Disability Insurance (SSDI) during the first 18 months. You need to notify the former employer or the health plan administrator as soon as you are approved for SSDI or within 60 days of the date of the approval to get the full 29 months of coverage.

Here's another way to describe the timing:

  • COBRA can last a minimum of 18 months
  • COBRA can be extended for an additional 11 months if:
    a) you left your job for disability reasons, or
    b) you become disabled within 60 days of leaving your job,
    AND
    c) you are approved for SSDI within the first 18 months of COBRA coverage

How Does COBRA End?

COBRA health insurance terminates if:

    1) the employer stops plan coverage for all employees, or
    2) you fail to pay the premium on time, or
    3) you obtain coverage through another employer group plan, or
    4) you elect to stop COBRA and replace it with an individual health coverage, or
    5) you become eligible for Medicare.

COBRA and Medicare?

Medicare is a health insurance plan offered by the Federal Government for people 65 years of age or older as well as people with disabilities who have been approved for Social Security Disability Insurance (SSDI).

Medicare begins in the 29th month of disability based on the official Social Security date of disability. If you have the 11 month extension which allows you to maintain COBRA health insurance for 29 months, you would be able to have COBRA health insurance up until the point that Medicare eligibility begins.

However, it may be advisable to drop COBRA health insurance before Medicare starts. This is because you may want to replace the COBRA health insurance with an individual health insurance policy before Medicare begins. Federal Law prohibits you from purchasing individual health insurance coverage after Medicare eligiblity is reached. It will be helpful to plan your insurance coverage several months before Medicare starts in order to secure the best health care coverage and access to prescriptions.

Is There Anything Else I Need to Consider?

Yes. Some things to think about are:

  • What if I can't afford to pay the COBRA insurance premium?
  • Will I still get prescription coverage?
  • How much in advance of Medicare should I start to look at my options?
  • What if my employer keeps me on the health insurance plan without offering me COBRA?
  • What if I return to work?
  • Can my COBRA extend beyond my Medicare eligibility date?

These are very important questions that could impact your health care. An individual consultation with a GMHC Advocate would be an excellent way to find out the answers.

Client Advocacy at GMHC is available to assist you. For more information, please call our Helpline: 212/367-1125, Wednesday 2 pm to 5:30 pm. Walk-in services are available Tuesdays and Thursdays, 10 am to 1 pm.

 

Revised 3/07

 

© 2007 Gay Men's Health Crisis

 




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