US: My health insurance ended and COBRA paperwork is late — how do I keep coverage?

Scenario

You lose a private-sector job and your group health coverage ends. You need treatment, but payroll and the plan administrator each blame the other for the missing COBRA notice. You need the election deadline, premium amount and a way to keep coverage.

What the law says

If federal COBRA covers the plan and you are eligible, late paperwork does not by itself remove your continuation right. It generally applies to private-sector group plans of employers with at least 20 employees under its counting rules; termination other than for gross misconduct or reduced hours can qualify. The employer usually has 30 days to notify the administrator, which then usually has 14 days to issue the election notice. If the employer is also administrator, the combined deadline is generally 44 days, with coverage-loss timing details. Election must allow at least 60 days from the later of the notice or coverage loss.

What you can claim

For a qualifying job loss or hours reduction, continuation normally lasts up to 18 months, subject to extensions and early-termination rules. Request the same coverage available to similarly situated active participants and reprocessing of eligible bills once retroactive coverage is restored. You generally pay the full employee-plus-employer plan cost, with a usual cap of 102% of that total. A notice delay does not automatically produce free insurance, daily compensation or payment of every bill; any separate remedy requires assessment.

What the employee can do

1. Write to the plan administrator requesting the qualifying-event date, coverage-loss date, election notice, mailing record, deadline and full premium breakdown. Keep dismissal records and medical bills, and tell the provider that continuation is being investigated.

2. If the notice remains missing, contact DOL’s Employee Benefits Security Administration on 1-866-444-3272 with the employer and plan details and your dated requests. Ask for the exact election date; compare other job-loss coverage options promptly because their enrollment windows are separate.

3. Elect within the applicable 60-day-or-longer period and keep delivery proof. The initial premium period must be at least 45 days from election; later premiums generally have at least a 30-day grace period. Timely election and payment can restore coverage to the loss date, so budget for accumulated premiums and then ask the plan to reprocess covered bills.

Common misconception, corrected

The 14-day administrator deadline is not universally 14 days from the last workday. A notice delay also does not automatically award a daily penalty or make continuation coverage free.

Matching guides

Read Compare job-loss health coverage options.