Medicare Blog

is there a penalty for someone who is eligible for medicare and cobra both?

by Conner O'Conner I Published 2 years ago Updated 1 year ago

If you’re eligible for Medicare, you don’t qualify for COBRA coverage without having to pay a premium. You have 8 months to sign up for Part B without a penalty, whether or not you choose COBRA.

Because COBRA does not count as insurance from active employment, you will not be protected from delayed coverage and late penalties if you wait to enroll in Medicare later than you should.

Full Answer

Is Cobra credible for Medicare?

Under current law, COBRA coverage does not count towards creditable prior coverage for Medicare Part B, which means that when your COBRA ends and you decide to sign up for Medicare Part B after the date you originally could have joined, you will face a 10% per year for life penalty on the cost of Part B.

How does Cobra work with Medicare?

The parts of Medicare are:

  • Medicare Part A (hospital insurance). Part A covers stays in the hospital, skilled nursing facilities, and other inpatient care settings.
  • Medicare Part B (medical insurance). Part B covers doctor’s visits, ambulance rides, medical equipment, therapies, and other medical services.
  • Medicare Part C (Medicare Advantage). ...
  • Medicare Part D (drug coverage). ...

What are COBRA insurance rules?

COBRA is a federal law that may let you keep your employer group health plan coverage for a limited time after your employment ends or you lose coverage as a dependent of the covered employee. This is called "continuation coverage." In general, COBRA only applies to employers with 20 or more employees.

How much does COBRA health insurance cost?

On Average, The Monthly COBRA Premium Cost Is $400 – 700 Per Person. Continuing on an employer’s major medical health plan with COBRA is expensive. You are now responsible for the entire insurance premium, whereas your previous employer subsidized a portion of that as a work benefit.

Can you be on Medicare and COBRA at the same time?

If you become eligible and enroll in Medicare before COBRA, the good news is that you can have both. Taking COBRA is optional, and depending on your situation, you may or may not want to. If you do decide to take COBRA, do not drop your Medicare plan.

How does COBRA and Medicare work together?

COBRA and Medicare will work together when a person already has Medicare and experiences a qualifying event. Medicare will become the primary insurer, and the COBRA continuation coverage will become the secondary insurer. However, if a person has COBRA first, the coverage will end on the first day of Medicare coverage.

What happens if I turn 65 while on COBRA?

The risks in electing COBRA at 65 or older include missing Medicare Part B enrollment deadlines and paying premium penalties, having a gap in medical coverage and being responsible for large medical bills you didn't anticipate.

What happens to COBRA when Medicare starts?

If you have COBRA when you become Medicare-eligible, your COBRA coverage usually ends on the date you get Medicare. You should enroll in Part B immediately because you are not entitled to a Special Enrollment Period (SEP) when COBRA ends.

Is Medicare primary or secondary to COBRA?

When you're eligible for or entitled to Medicare due to ESRD, COBRA pays first, and Medicare pays second during a coordination period that lasts up to 30 months after you're first eligible for Medicare. After the coordination period ends, Medicare pays first.

Is Losing COBRA a qualifying event for Medicare?

Although a loss of coverage occurs when employees voluntarily remove themselves from the health plans, the reason (attaining other coverage, including Medicare) is not considered a qualifying event. Therefore, employees are not offered COBRA coverage in this scenario.

Can you have Medicare and employer insurance at the same time?

Yes, you can have both Medicare and employer-provided health insurance. In most cases, you will become eligible for Medicare coverage when you turn 65, even if you are still working and enrolled in your employer's health plan.

How long can I stay on COBRA when I retire?

18 MonthsRetirees can 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 I delay signing up for Medicare until the COBRA runs out?

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.

Does COBRA count 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.

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 ...

Does Medicare coverage start the month you turn 65?

The date your coverage starts depends on which month you sign up during your Initial Enrollment Period. Coverage always starts on the first of the month. If you qualify for Premium-free Part A: Your Part A coverage starts the month you turn 65.

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, ...

How many employees can you have with Cobra?

In general, COBRA only applies to employers with 20 or more employees. However, some states require insurers covering employers with fewer than 20 employees to let you keep your coverage for a limited time.

How long does Cobra last?

COBRA coverage generally is offered for 18 months (36 months in some cases). Ask the employer's benefits administrator or group health plan about your COBRA rights if you find out your coverage has ended and you don't get a notice, or if you get divorced.

What is a Part B late enrollment penalty?

In general, a health plan offered by an employer or employee organization that provides health coverage to employees and their families. This is called "continuation coverage.".

How long do you have to sign up for Part B?

If you’re eligible for Medicare, you don’t qualify for COBRA coverage without having to pay a premium. You have 8 months to sign up for Part B without a penalty, whether or not you choose COBRA.

What is the number to call for Medicare?

If your group health plan coverage was from a state or local government employer, call the Centers for Medicare & Medicaid Services (CMS) at 1-877-267-2323 extension 61565. If your coverage was with the federal government, visit the Office of Personnel Management.

Do you have to tell Cobra if you are divorced?

You or the covered employee needs to tell the plan administrator if you qualify for COBRA because you got divorced or legally separated (court-issued separation decree) from the covered employee, or you were a dependent child or dependent adult child who's no longer a dependent.

Do you have to tell your employer if you qualify for Cobra?

Once the plan administrator is notified, the plan must let you know you have the right to choose COBRA coverage.

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?

Here at Henderson Brothers, we want to provide you with the best and most accurate information available. You have the right to be correctly informed about your options, and we want to ensure that you are able to make the decisions that are best for you and your family.

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What happens if you get Cobra before Medicare?

I f 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.

What is Cobra insurance?

COBRA, which stands for the Consolidated Omnibus Budget Reconciliation Act, helps provide health insurance to employees in certain situations where they may otherwise lose their health coverage for 18 to 36 months . COBRA usually is offered to those who experience a reduction in work hours or lose employment. In this blog we’ll cover all these ...

What is Medicare Made Clear?

Medicare Made Clear is brought to you by UnitedHealthcare to help make understanding Medicare easier. Click here to take advantage of more helpful tools and resources from Medicare Made Clear including downloadable worksheets and guides.

How long can you delay Medicare Part D?

You will have 63 days to enroll in Medicare Part D without penalty once you lose COBRA drug coverage.

How long do you have to enroll in Medicare?

Here are some key things about enrollment to keep in mind: 1 You need to enroll in Medicare Part B once you’re eligible 2 You may be able to delay enrolling in Medicare Part D prescription drug coverage without penalty if you can keep COBRA coverage and it includes creditable prescription drug coverage 3 You will have 63 days to enroll in Medicare Part D without penalty once you lose COBRA drug coverage

Can you delay Part D if you lose Cobra?

If you take COBRA and it does provide creditable coverage, then yes, you may be able to delay Part D without penalty. In this case, you will have 63 days after losing COBRA coverage to enroll in Part D without penalty.

Does Cobra pay for Medicare?

If you do decide to take COBRA, do not drop your Medicare plan. Medicare is your primary insurer, and that won’t change when you take COBRA. Medicare will cover some or all health care costs first. COBRA may pay some costs not paid for by Medicare.

Who pays first, Medicare or Cobra?

Who pays first; COBRA, or Medicare? Medicare pays first, except when you have End-Stage Renal Disease. If you have End-Stage Renal Disease, then COBRA pays first. Medicare pays second to the extent COBRA coverage overlaps the first 30 months of Medicare eligibility.

When do you have to enroll in COBRA?

If you’re on COBRA and under 65, you must enroll in Part A and Part B during your Initial Enrollment Period. Your Initial Enrollment Period will begin three months before your 65th birthday. If you don’t join during the seven-month window, you’ll incur penalties.

Can you terminate Cobra insurance?

It’s important to note that your COBRA coverage could be terminated before the maximum period if you become entitled to Medicare after electing to continue coverage.

Can you have cobra and Medicare at the same time?

It’s possible to have COBRA and Medicare coverage at the same time. However, they don’t coordinate the same way as employer coverage and Medicare. When you have COBRA, Medicare usually pays first, and COBRA pays second. However, it’s possible that your group insurance has special rules that will determine the primary payer.

Is Cobra a part of Medicare?

COBRA is NOT creditable coverage for Part B. If you delay enrollment you’ll face life-time penalties. You could choose to have Medicare Part A and B, alongside COBRA. But COBRA wasn’t made for Medicare.

Can you get a special enrollment period with Medicare?

Medicare allows you to qualify for a Special Enrollment Period if you lose your employer’s current health coverage, and you’re Medicare eligible . If you have COBRA when coverage ends, you won’t qualify for a Special Enrollment Period through Medicare.

Is Cobra a creditable insurance?

COBRA is NOT creditable coverage. If you’re Medicare-eligible and have COBRA, you should enroll in Part B. COBRA extends group benefits for a set period of time – up to 18 months. It’s rare for COBRA to be the best option for a Medicare-eligible person. You can usually get better coverage for less money than COBRA.

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:

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