2026 Newfront COBRA for Employers Guide

COBRA for Employers

2026 Edition

Audio

Presented by: Brian Gilmore | Lead Benefits Counsel, VP


Guide Topics

Continuation Coverage in a Nutshell

The Basics, and the Tricky Situations All Employers Must Address

COBRA Continuation Coverage

Topics for Discussion:

  1. Qualifying Events: When employees and their dependents are eligible for COBRA
  2. Elections and Payment: Timely election and payment rules for COBRA qualified beneficiaries
  3. Coverage Options: The plan options available to qualified beneficiaries, and the exceptions that apply
  4. COBRA Subsidies: Navigating the rules for employer COBRA subsidies

Which Employers are Subject to COBRA?

General Rule:

Employers Are Subject to COBRA Unless an Exception Applies

COBRA generally applies to all employer-sponsored group health plans through:

Designed as a sweeping coverage rule to reach virtually all employers with a health plan unless an exception applies.

Federal COBRA 20-Employee Threshold:

Federal COBRA does not apply to an employer with:

Special Rules: State Governmental Employers

Special Rules: Federal Government

Special Rules: Church Plans


Qualifying Events

Which Events Trigger COBRA Rights?


COBRA Applies to Group Health Plans

The COBRA rules apply to employer-sponsored group health plans. This generally refers to any employer plan that provides medical care under the IRC §213(d) definition.

NOT Subject to COBRA: Non-Group Health Plans


Triggering Events

Two Requirements for a COBRA Qualifying Event

Duration of COBRA by Triggering Event


Early Loss of COBRA

Employers or their COBRA TPA must provide a notice of COBRA termination to the qualified beneficiary whenever coverage ends before the maximum coverage period.


The Notices of Unavailability and Terminations of Coverage


Disability Extension

Conditions for Disability Extension to 29 Months

The Disability extension from 18 to 29 months is available where: Interaction with State Mini-COBRA
The COBRA qualifying event is the employee's termination of employment or reduction in hours; Some states offer state mini-COBRA extensions that may be more advantageous than the disability extension
The qualified beneficiary is determined by the Social Security Administration (SSA) to have been disabled at any time during the first 60 days of COBRA coverage; Example: Cal-COBRA Extension
The qualified beneficiary notifies the plan within 60 days of the SSA disability determination; and Cal-COBRA provides an extension to 36 months for fully insured major medical plans sitused in California
The qualified beneficiary notifies the plan of the SSA disability determination before the end of the 18-month standard maximum coverage period. Generally, Cal-COBRA is a better option than the federal disability extension

COBRA Disability Extension Premium


Unusual Gaps in Coverage: Two Exceptions

COBRA Generally Provides Continuous, Seamless Coverage. There are exceptions where COBRA can include a gap in coverage between the period of active coverage and the COBRA continuation coverage.


Unusual Gaps in Coverage: Two Exceptions

Exception 1: Removal of Spouse in Anticipation of Divorce/Legal Separation


Exception 2: Failure to Return from FMLA Leave (After Failure to Timely Pay)


Divorce vs. Legal Separation

Plan Terminates Coverage Upon:


Late Notice of Divorce/Legal Separation


Gross Misconduct Exception


Elections and Payment

How QBs Access COBRA

COBRA imposes two primary notice requirements on employers. The initial COBRA notice is sent upon enrollment, and the COBRA election notice is sent upon a qualifying event.


Required Employer Notices

COBRA Initial Notice COBRA Election Notice
Required to go to covered employees and their covered spouse within 90 days of enrollment in the plan Election Notice to Qualified Beneficiary: 44 days from loss of coverage
No requirement to provide to children 30 days from employer to plan administrator

Required Notice From Employees/Dependents


The COBRA Premium

Qualified Beneficiaries Pay the Full Cost of Coverage (Unless Employer Subsidizes).


The Grace Period and Shortfalls

The Initial Premium Payment (45 Days) Ongoing Monthly Payments (30-Day Grace Period)
Due within 45 days of the COBRA election Due within 30 days after the monthly premium due date

COBRA Election/Payment Exception


Failure to Timely Provide Election Notice

Employers that discover a failure to timely provide a COBRA election notice will always want to correct that error quickly to avoid significant tax and lawsuit liabilities.


COBRA M&A Qualified Beneficiaries—Stock Deal

General Rule

If the selling group ceases to provide any group health plan to any employee (and the termination of the seller's plan was in connection with the sale), the buyer’s group health plan is liable for the COBRA coverage.


Buyer’s Obligation to Offer COBRA if Seller Terminates Plan: Stock Deal

Buyer’s obligation applies to all M&A qualified beneficiaries with respect to that stock sale.


COBRA Second Qualifying Events

Extends Maximum Coverage Period for Spouse and Dependents.


COBRA and Medicare

Medicare Enrollment Must Occur Prior to Qualifying Event (QE)

COBRA and Domestic Partners Not Qualified Beneficiaries


Wrap-up

Takeaways

COBRA Continuation Coverage Top Five Issues for Employees.


The content above serves solely as a guide and is not legal advice. For specific inquiries, please consult an attorney or a benefits specialist.