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:
COBRA benefits are also available to an employee's family under these circumstances:
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:
Penalties for not being COBRA compliant can vary:
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:
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.
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