Missed the COBRA Deadline?

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Confirm which deadline you missed

COBRA election deadline

A qualified beneficiary must generally receive at least 60 days to elect COBRA, measured from the later of the date the election notice is provided or the date coverage would otherwise end because of the qualifying event. Follow the notice’s instructions and retain proof of submission.

Initial COBRA payment

Election and payment are separate. A plan generally cannot require the initial premium earlier than 45 days after the date you elect COBRA.

Ongoing monthly premiums

COBRA plans generally must provide a 30-day grace period for ongoing monthly premiums. A late monthly payment is different from a late initial election.

Check the notice and dates

Gather the election notice and envelope, coverage-end date, employer and administrator messages, submitted forms, delivery confirmations, invoices, and payment records. If the notice was missing, late, inaccurate, or unclear, contact the plan administrator in writing and ask how the deadline was calculated.

The U.S. Department of Labor’s Employee Benefits Security Administration can answer general questions about private-sector employer plans. Call 1-866-444-3272 or use Ask EBSA. EBSA does not replace the administrator or guarantee acceptance of a late election.

Check Marketplace coverage immediately

Losing qualifying job-based coverage generally creates a Marketplace SEP for 60 days before or 60 days after the loss. The Marketplace and COBRA clocks can start from different events. Missing or declining COBRA does not restart the Marketplace clock.

You may still qualify if the original SEP remains open, another qualifying event applies, COBRA is being exhausted rather than voluntarily ended, or Open Enrollment is underway. Use HealthCare.gov’s SEP screening for a current determination.

Check another employer plan

You may have a special-enrollment right under a spouse’s or other employer plan. A request generally must be made within 30 days after loss of eligibility for other coverage. Contact the employer’s benefits department immediately for the plan’s deadline and documents.

Check Medicaid and CHIP

Medicaid and CHIP accept applications year-round. Eligibility depends on state and household rules. Start with HealthCare.gov’s Medicaid and CHIP guidance or the appropriate state agency.

What to do today

1. Identify the stated election or payment deadline.
2. Compare the notice-delivery and coverage-loss dates.
3. Contact the administrator in writing.
4. Check Marketplace eligibility immediately.
5. Ask another employer plan about special enrollment.
6. Check Medicaid and CHIP where relevant.
7. Keep copies of every record.

Frequently asked questions

Does missing COBRA give me 60 more Marketplace days?

No. Missing or declining COBRA does not create a new SEP.

What if I elected on time but missed the first payment?

Plans generally must allow at least 45 days after election. Review the notice and contact the administrator.

What if I missed a later payment?

Plans generally must provide a 30-day grace period for ongoing premiums. Confirm the exact dates and amount.

Related resources

• Estimate a possible COBRA cost
• Health insurance after job loss
• Compare COBRA and Marketplace

Primary sources

• U.S. Department of Labor: COBRA FAQs
• HealthCare.gov: Special Enrollment Periods
• HealthCare.gov: Medicaid and CHIP
• U.S. Department of Labor: HIPAA Special Enrollment FAQs

Disclosure: General educational information only; not legal, tax, or medical advice, an eligibility decision, or a binding quote. Caden Douglas is not HealthCare.gov and is not affiliated with or endorsed by a government agency. Caden Douglas may receive insurer compensation. Appointments and products vary, and he does not represent every plan. Confirm deadlines and eligibility with the responsible plan, employer, Marketplace, or agency. Report corrections through douglasinsurancegrp.com.