While it is possible to get COBRA if you already have Medicare, it is not usually possible to keep COBRA if you have it before you become Medicare-eligible. Specifically, whether you can have both COBRA and Medicare depends on which form of insurance you have first.
Full Answer
Can someone on Medicare elect COBRA?
While it is possible to get COBRA if you already have Medicare, it is not usually possible to keep COBRA if you have it before you become Medicare-eligible. Specifically, whether you can have both COBRA and Medicare depends on which form of insurance you have first.
How long can my spouse stay on COBRA If I go on Medicare?
36 monthsIf the qualifying event is the death of the covered employee, divorce or legal separation of the covered employee from the covered employee's spouse, or the covered employee becoming entitled to Medicare, COBRA for the spouse or dependent child lasts for 36 months. Q8: How is COBRA affected if I am disabled?
Can you get COBRA after age 65?
It rarely, rarely, RARELY makes sense if you are sixty-five or older to elect COBRA (the temporary extension of group coverage) even when it is subsidized by the former employer as part of a severance package. If you are on COBRA when you become eligible for Medicare, the COBRA is typically supposed to end.
Does Medicare recognize COBRA as creditable coverage?
Does COBRA Count as Creditable Coverage for Medicare? To avoid penalties with Medicare, you must have creditable coverage. This means coverage that's at least equivalent to Medicare. COBRA does NOT meet these standards.
How does COBRA and Medicare work together?
If you get COBRA Before Medicare If you get COBRA first and then become eligible for Medicare, when you turn 65, COBRA will cease providing primary insurance coverage to you. Medicare will become primary, and if you can keep COBRA, it will become your secondary insurer.
Is Medicare primary over COBRA?
COBRA is always secondary to Medicare. This means that it only pays after Medicare pays. If you do not enroll in Medicare when you become eligible for it, it will be as if you have no insurance. If you have Medicare first and then become eligible for COBRA, you can enroll in COBRA.
Is Medicare entitlement A COBRA qualifying event?
Medicare entitlement of the employee is listed as a COBRA qualifying event; however, it is rarely a qualifying event. In situations where it is a qualifying event, it is only a qualifying event for the spouse or children that are covered under the group health plan.
How long can a retiree stay on COBRA?
18 MonthsRetirees may use COBRA Insurance For 18 Months When a qualified beneficiary retires from their job, the retired worker is entitled for up to 18 months health insurance continuation, which is the maximum amount of time an employee can keep COBRA continuation.
Can you have Medicare and employer insurance at the same time?
Medicare paying secondary means that your employer insurance pays first, and Medicare pays on some or all of the remaining costs. Medicare works with current employer coverage in different ways depending on the size of the employer.
Do I have to enroll in Medicare Part B if I have COBRA?
If you have COBRA before signing up for Medicare, your COBRA will probably end once you sign up. You have 8 months to sign up for Part B without a penalty, whether or not you choose COBRA. If you miss this period, you'll have to wait until January 1 - March 31 to sign up, and your coverage will start July 1.
Why is COBRA not creditable coverage?
COBRA is not normally considered to be creditable coverage for Medicare major medical benefits, so people who are enrolled in COBRA and do not enroll in Medicare Part B within 8 months of turning 65 face substantial financial penalties for the rest of their lives, even if they have months or years left on their COBRA ...
Do you pay Medicare Part A premiums?
Medicare is divided into parts. Medicare Part A is hospital coverage, and most people do not pay a premium for it. As long as you’re eligible for Social Security or Railroad Retirement Board benefits, you won’t pay Part A premiums.
Does Medicare Advantage cover Cobra?
The cost of Medicare Advantage plans varies depending on the plan you choose and your location. Not all plans are available in all states. You can generally find Medicare Advantage plans that cover services original Medicare doesn’t. Your costs compared to a COBRA plan will depend on the details of the COBRA plans and Advantage plans available to you.
Does Cobra save money?
A COBRA plan is likely to cover services that original Medicare doesn’t. Depending on your need for those services, COBRA might save you money. But purchasing a supplemental Medigap plan can also help cover some of those costs and may be less expensive than COBRA. It’s important to read your plan details carefully and compare it with Medicare coverage.
Does Cobra include Medicare?
Your COBRA plan will likely include coverage for medications but you’ll be responsible for paying the entire premium amount. Medicare Part D plans are available at a wide variety of premiums. You can choose a plan that fits your needs and budget.
What happens if you enroll in Cobra?
This means that if your employees enroll in COBRA instead of Medicare, once COBRA coverage ends, they will have to wait until the next annual enrollment period to enroll in Medicare, and they will have to pay late penalties. The late penalties are not minor, either. For Medicare Part B, for example, the monthly premium goes up 10 percent ...
What is the cobra law?
The Consolidated Omnibus Budget Reconciliation Act, or COBRA, is a federal law that requires employers to offer health care continuation to covered employees, their spouses and their dependents after a qualifying event. Enrollees can be required to pay 102 percent of premium costs, which includes the full premium and a 2 percent administrative fee.
How much does Medicare Part B premium go up?
For Medicare Part B, for example, the monthly premium goes up 10 percent for every 12-month period enrollment was delayed. Enrollees have to pay this penalty for the rest of their lives. If your employees are trying to decide between COBRA and Medicare, make sure they understand that they must enroll in Medicare if they want to avoid expensive ...
How to contact CMS about Medicare?
Your employees can contact the CMS Benefits Coordination & Recovery Center at 1-855-798-2627 with questions about Medicare and COBRA. As always, do your best!
Is Medicare Part A free?
Some younger individuals with certain chronic health conditions may qualify as well. Some of your employees may be disappointed to learn that Medicare is not free, although most enrollees qualify for premium-free Medicare Part A.
Is Medicare a qualifying event?
Yes. Employee enrollment in Medicare is considered a qualifying event under COBRA. Imagine this scenario: One of your employees turns 65 and ages into Medicare, but he’s not ready to retire yet. He keeps working. Now he has two health plan options: his group health plan and Medicare.
Is Cobra the same as Medicare?
If someone is enrolled in both COBRA and Medicare, Medicare is the primary insurance. In other words, Medicare pays first, and COBRA may pay some of the costs not covered by Medicare. Certain benefits are not included in traditional Medicare. For example, dental, vision and hearing benefits are generally excluded from Medicare coverage, ...
When is COBRA primary?
Note: If you are eligible for Medicare due to End-Stage Renal Disease (ESRD), your COBRA coverage is primary during the 30-month coordination period. Be sure to learn about ESRD Medicare rules when making coverage decisions.
How long do you have to enroll in Part B?
Your spouse and dependents may keep COBRA for up to 36 months, regardless of whether you enroll in Medicare during that time.
Is Medicare Part A or Part B?
If you have Medicare Part A or Part B when you become eligible for COBRA, you must be allowed to enroll in COBRA. Medicare is your primary insurance, and COBRA is secondary. You should keep Medicare because it is responsible for paying the majority of your health care costs.
How long does Cobra coverage last?
(But if COBRA covers your spouse and/or dependent children, their coverage may be extended for up to 36 months because you qualified for Medicare.) Return to Medicare Q&A Tool main page >>.
When does Cobra expire?
Therefore — regardless of how many months of COBRA coverage you’re offered — if you’re retiring before or at age 65, you should sign up for Medicare during your seven-month initial enrollment period (IEP), which expires three months after the month in which you turn 65.
Q. What are my options for healthcare coverage when I retire?
A. Your previous employer is required to provide you with a COBRA option to continue your health plan for a specified period of time, but enrolling onto a COBRA plan if you are eligible for Medicare may result in your being charged a penalty along with other potential issues.
Q. Should I accept COBRA and delay Medicare enrollment?
A. If you are Medicare eligible when you retire, you receive a Special Enrollment Period (SEP). The SEP allows you to enroll in Medicare Part B and Part D once you lose employer-sponsored coverage. The SEP lasts for a total of sixty (60) days from the date you lose coverage as an active employee of your employer.
Q. What is the Late Enrollment Penalty?
A. Those who do not enroll timely onto Medicare be delaying or enrolling onto COBRA instead will face a permanent penalty which will be added to their coverage costs.
Have more questions?
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How old is John from Medicare?
John, 68 years old, lost his position in September 2017. He enrolled in Medicare Part A and COBRA. He was told he didn’t need Part B because the COBRA plan provides the same coverage he had for years. Now, because the coverage will end in February, he has re-started the Medicare enrollment process. To his surprise, he discovered ...
Can you get bit by a cobra?
Don't get bit by your COBRA. Getty. Being on COBRA after age 65 is like hiking in the woods. It's great until a snake jumps out and bites you.
Does John have a SEP?
If he had taken action during that time, there would have been no penalty or delay in coverage. Now, because John is no longer employed, he does not qualify for a SEP and, as a result, he faces a delay in coverage and a Part B penalty.
What happens if you keep Cobra?
Finally, if you keep COBRA while eligible but not enrolled in Medicare, your ex-employer's insurance plan may refuse to pay for the part of a medical bill that Medicare would have paid if you were enrolled. Normally Medicare covers 80 percent, and the COBRA insurance may cover only 20 percent, meaning 80 percent of the cost could be on ...
How long does Cobra last?
The Consolidated Omnibus Budget Reconciliation Act (COBRA) lets people who have left jobs keep employer-provided health coverage for 18 to 36 months provided they pay up to the employer's full cost plus 2%.
Is it normal to have Medicare and Cobra?
Normally Medicare covers 80 percent, and the COBRA insurance may cover only 20 percent, meaning 80 percent of the cost could be on the consumer, Toumayants warns. This won't happen if you enroll in Medicare. "It's perfectly normal for somebody to have Medicare and COBRA," Toumayants explains. "Medicare would be the primary insurance ...
Can Medicare Supplemental Insurance be added to Cobra?
Medicare supplemental insurance to pay for the 20% that Medicare would not cover can be added for a fraction of the cost of COBRA coverage, Toumayants says. "I've never seen a situation where somebody who's eligible for Medicare would be better off keeping Medicare and COBRA," he says.
Does Medicare charge late enrollment penalties?
Medicare charges people late enrollment penalties for not signing up when eligible. The fees permanently raise the monthly Medicare Part B premium, Toumayants explains. If you are still employed when you turn 65, there won't be any late fee.
Do you have to sign up for Cobra after turning 65?
However, if you are no longer covered by an employer-sponsored health plan for any reason, including leaving your job, you need to sign up soon after turning 65 to avoid late fees. Some over-65s covered by COBRA from an ex-employer may reason that they are covered by an employer plan.
Is it safe to keep Cobra?
It's Dangerous to Keep COBRA When You're Eligible for Medicare. It may seem easier to keep a former employer's health plan coverage if you leave your job after age 65, but it's probably best to sign up for Medicare. Author:
How long is Cobra coverage?
In certain circumstances, if a disabled individual and non-disabled family members are qualified beneficiaries, they are eligible for up to an 11-month extension of COBRA continuation coverage, for a total of 29 months. The criteria for this 11-month disability extension is a complex area of COBRA law. We provide general information below, but if you have any questions regarding your disability and public sector COBRA, we encourage you to email us at phig@cms.hhs.gov.
What is the COBRA requirement?
Title XXII of the Public Health Service (PHS) Act, 42 U.S.C. §§ 300bb-1 through 300bb-8, applies COBRA requirements to group health plans that are sponsored by state or local government employers. It is sometimes referred to as “public sector” COBRA to distinguish it from the ERISA and Internal Revenue Code requirements ...
What is a Cobra notice?
A notice of COBRA rights generally includes the following information: A written explanation of the procedures for electing COBRA, The date by which the election must be made, How to notify the plan administrator of the election, The date COBRA coverage will begin, The maximum period of continuation coverage, The monthly premium amount,
How long does it take to get a Cobra notice?
Separate requirements apply to the employer and the group health plan administrator. An employer that is subject to COBRA requirements is required to notify its group health plan administrator within 30 days after an employee’s employment is terminated, or employment hours are reduced. Within 14 days of that notification, the plan administrator is required to notify the individual of his or her COBRA rights. If the employer also is the plan administrator and issues COBRA notices directly, the employer has the entire 44-day period in which to issue a COBRA election notice.
How long do you have to notify Cobra?
Qualified beneficiaries must be given an election period of at least 60 days during which each qualified beneficiary may choose whether to elect COBRA coverage.
How long does an employer have to issue a Cobra election notice?
If the employer also is the plan administrator and issues COBRA notices directly, the employer has the entire 44-day period in which to issue a COBRA election notice.
What is the cobra?
The Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA) amended the Public Health Service Act, the Internal Revenue Code and the Employee Retirement Income Security Act (ERISA) to require employers with 20 or more employees to provide temporary continuation of group health coverage in certain situations where it would otherwise be terminated.
How long can a spouse continue Cobra?
A covered employee's spouse who would lose coverage due to a divorce may elect continuation coverage under the plan for a maximum of 36 months. A qualified beneficiary must notify the plan administrator of a qualifying event within 60 days after divorce or legal separation. After being notified of a divorce, the plan administrator must give notice, generally within 14 days, to the qualified beneficiary of the right to elect COBRA continuation coverage.
What is the law for cobra?
The law generally applies to all group health plans maintained by private-sector employers with 20 or more employees, or by state or local governments. The law does not apply to plans sponsored by the Federal Government or by churches and certain church-related organizations. In addition, many states have laws similar to COBRA, including those that apply to health insurers of employers with less than 20 employees (sometimes called mini-COBRA). Check with your state insurance commissioner's office to see if such coverage is available to you.
What is FMLA coverage?
The Family and Medical Leave Act (FMLA) requires an employer to maintain coverage under any group health plan for an employee on FMLA leave under the same conditions coverage would have been provided if the employee had continued working. Coverage provided under the FMLA is not COBRA coverage, and taking FMLA leave is not a qualifying event under COBRA. A COBRA qualifying event may occur, however, when an employer's obligation to maintain health benefits under FMLA ceases, such as when an employee taking FMLA leave decides not to return to work and notifies an employer of his or her intent not to return to work. Further information on the FMLA is available on the Website of the U. S. Department of Labor's Wage and Hour Division at dol.gov/whd or by calling toll-free 1-866-487-9243.
How long do you have to elect Cobra?
If you are entitled to elect COBRA coverage, you must be given an election period of at least 60 days (starting on the later of the date you are furnished the election notice or the date you would lose coverage) to choose whether or not to elect continuation coverage.
Can you use the Health Coverage Tax Credit for Cobra?
The Health Coverage Tax Credit (HCTC), while available, may be used to pay for specified types of health insurance coverage ( including COBRA continuation coverage).
Can you extend your 18 month coverage?
If you are entitled to an 18 month maximum period of continuation coverage, you may become eligible for an extension of the maximum time period in two circumstances. The first is when a qualified beneficiary is disabled; the second is when a second qualifying event occurs.
Can you revoke Cobra coverage?
Then, the plan need only provide continuation coverage beginning on the date you revoke the waiver.