COBRA - Make sure you are in Compliance

Pam Morton • March 15, 2025

Make Sure You Are In Compliance

The Consolidated Omnibus Budget Reconciliation Act provides employees with continued access to health insurance coverage, helping them bridge the gap between losing employer-sponsored health coverage and finding alternative plans. COBRA is used so that employees can continue with insurance under circumstances — job loss, reduction of hours worked or transition between jobs — where the coverage otherwise would end. COBRA is helpful for employees if they'd like to continue to receive the same health plan benefits even though their employment may have changed.


COBRA benefits are time limited and apply only to group health plans sponsored by employers with 20 or more employees in the prior year. While COBRA helps employees avoid a lapse in coverage, there are some details they need to pay attention to:


  • Employees have 60 days to enroll in COBRA once their employer-sponsored benefits end. Once COBRA is elected, they'll be covered by COBRA starting the day their employer-sponsored coverage ended.
  • COBRA benefits last for only 18 to 36 months, depending on the reason for COBRA and the employer's health insurance plan. In other words, there is limited time to research and find another health insurance option.


COBRA benefits are also available to an employee's family under these circumstances:


  • The death of a covered employee, resulting in the loss of coverage for their dependents.
  • Divorce or legal separation of the covered employee if their spouse loses coverage due to the change in marital status.
  • Loss of dependent-child status. When a dependent no longer qualifies for coverage under the employer health plan, that child may be eligible for COBRA coverage.


COBRA coverage isn't free. If employees elect to keep insurance coverage under COBRA, they're responsible for paying the full cost of their premium (the premium the employer previously paid) plus an administrative fee; the total could be up to 102% of the cost of the plan (the extra 2% being the administrative fee).


COBRA requirements


Employers are required to issue notices about COBRA availability to employees and their qualified beneficiaries. The details in these notices must be wholly correct. Employers are also responsible for offering coverage identical to the coverage provided to active employees and their dependents.


Additionally, employers must:


  • Ensure the premiums charged for COBRA coverage are reasonable and reflect the full cost of the plan.
  • Maintain accurate records related to COBRA, including documentation of notices sent, enrollment information and payment of premiums. Proper recordkeeping demonstrates compliance for addressing any potential audits or inquiries.
  • Allow each qualified employee to independently elect COBRA coverage.
  • Allow a covered employee to elect COBRA for any dependent children or qualified beneficiaries.


Penalties for not being COBRA compliant can vary:

  • The Department of Labor can impose the maximum penalty for a single violation, upward of $110 per day per affected beneficiary.
  • There may be legal consequences. Lawsuits may award monetary damages to beneficiaries who were denied their COBRA rights or who experienced harm due to noncompliance. You may be responsible for the legal fees associated with such a lawsuit.
  • You may be required to reinstate coverage retroactively, which could result in increased costs and administrative burden.


COBRA responsibilities


Employers play a crucial role in ensuring COBRA compliance and providing eligible individuals with access to continued coverage. Seek compliance guidance from legal and HR professionals who specialize in employee benefits.


Common mistakes employers make when it comes to COBRA include:


  • Inadequate or late notice. As a rule of thumb, send out a COBRA notice the day you terminate an employee.
  • Misunderstanding eligibility criteria. If you don't know who is eligible, you might fail to offer continuation coverage. Be well informed about both qualifying events and the individuals who are entitled to COBRA coverage.
  • Insufficient training and knowledge. Ensure compliance by investing in appropriate training and staying up-to-date with the latest COBRA requirements.

During transitional periods, COBRA provides employees with a safety net to help maintain continuity of coverage, protecting them against sudden gaps in health insurance. Employers must do their part to provide this important benefit.


Finally, keep in mind that regulations can change over time, often with little notice, so be sure to keep in touch with your technical advisors.



Copyright 2025 Industry Newsletters


By Pam Morton April 1, 2026
When people sign up for a new health insurance plan—whether it’s an employer-sponsored plan or one purchased through the Affordable Care Act (ACA) exchange—they are often confused about when coverage starts, what services are covered, and how much they will need to share in the cost of care. The Kaiser Family Foundation recently compiled a list of seven takeaways from stories about people who ended up paying large out-of-pocket expenses for medical care. Reviewing these tips can help health plan enrollees better understand their coverage and avoid unexpected financial surprises. 1. Most insurance coverage doesn’t start immediately Many new plans include waiting periods, so it’s important to maintain continuous coverage until your new plan takes effect. Usually, health insurance starts on the first of the month and ends on the last day of the month. There are special circumstances when someone loses job-based health coverage. In that case, they may elect COBRA or purchase a plan through the ACA marketplace. With COBRA, once payment is made, coverage applies retroactively—even for care received while someone was temporarily uninsured. Losing employer coverage qualifies someone for an ACA Special Enrollment Period , which generally allows them to enroll in a Marketplace plan up to 60 days before or 60 days after their employer coverage ends. If someone enrolls before their job-based coverage ends, their new plan can usually begin right away and help prevent a gap in coverage. If someone enrolls after their job-based coverage ends, Marketplace coverage usually begins on the first day of the month after enrollment, so they could experience a short coverage gap before the new plan starts. 2. Check coverage before checking in Some health plans include restrictions that may not be obvious at first. These restrictions can affect coverage for services such as contraception, immunizations, and cancer screenings. Before receiving care, enrollees should contact their insurance company (or for job-based insurance, their human resources or retiree benefits office) to confirm coverage. Ask whether there are exclusions for the care you need, whether there are limits per day or per policy period, and what out-of-pocket costs you should expect. 3. “Covered” doesn’t always mean insurance will pay right away It’s important to read the fine print about network gap exceptions, prior authorizations, and other insurance approvals. These requirements may apply only to certain doctors, services, or dates. In addition, even if a service is covered, the insurance company may not pay for it until you have met your deductible or other cost-sharing requirements. 4. Get estimates for non-emergency procedures Before scheduling a non-emergency procedure, patients may be able to compare prices among different providers. Request written estimates whenever possible. If the cost seems too high, it may be possible to negotiate the price before receiving care, or find an alternate provider. 5. Location matters The cost of care can vary significantly depending on where services are performed. For example, if blood work is required, ask your doctor to send the order to an in-network lab. Sometimes a doctor’s office affiliated with a hospital system will automatically send samples to a hospital lab, which may result in higher charges if the lab is out of network. 6. When hospitalized, contact the billing office early If you or a loved one is admitted to the hospital, speaking with a billing representative early in the process can help prevent confusion later. Consider asking questions such as: Has the patient been fully admitted, or are they under observation status? Has the care been classified as “medically necessary”? If a transfer to another facility is recommended, is the ambulance service in-network—or can one be selected? 7. Ask for a discount Medical charges are often higher than the rates insurers typically pay, and providers frequently expect some level of negotiation. Patients may also be able to negotiate their own bills. In addition, uninsured or underinsured patients may qualify for self-pay discounts or financial assistance programs such as charity care. If you need assistance with your health insurance in California, contact Benefits By Design Insurance Services in San Diego. www.benefitsbydesignca.com or email admin@benefitsbydesignca.com.
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