COBRA keeps your employer health coverage intact after you lose it — but it costs 102% of the full premium. Here's who qualifies, how long it lasts, and when the ACA marketplace is the smarter call.
COBRA is a federal law that lets you continue your employer’s group health plan for up to 18 months after a job loss or reduction in hours — or up to 36 months for qualifying family members. The catch: you pay up to 102% of the total premium (your old share plus the employer’s contribution plus a 2% admin fee). You have 60 days from losing coverage to elect COBRA; coverage is retroactive if you elect and pay within that window.
COBRA stands for the Consolidated Omnibus Budget Reconciliation Act, a 1985 federal law that requires most employer-sponsored group health plans to offer continuation coverage when a covered employee, spouse, or dependent loses eligibility. The Department of Labor's COBRA resources are the primary reference: COBRA does not create a new health insurance policy — it lets you stay on the exact same group plan you already had, at your own expense.
The key trade-off: you keep the same doctors, network, and benefits, but you now pay the entire premium — the portion you paid before plus the portion your employer was paying — plus a 2% administrative fee. That’s up to 102% of the full group premium, which can be a significant monthly expense.
COBRA applies to private-sector employers with 20 or more employees in the prior year who offered a group health plan. State and local government employers are also covered. Federal employees fall under a separate law (the Federal Employees Health Benefits program). If your employer has fewer than 20 employees, federal COBRA does not apply, but many states have enacted “mini-COBRA” laws that extend similar rights to smaller employers — check your state’s insurance regulator for details.
Qualifying events for the covered employee: - Voluntary or involuntary job loss (except termination for gross misconduct) - Reduction in hours below the plan’s eligibility threshold
Qualifying events for a covered spouse or dependent child: - The employee’s job loss or reduction in hours - Divorce or legal separation from the covered employee - The covered employee’s death - The employee becoming entitled to Medicare (which ends employer plan eligibility for dependents) - A dependent child losing “dependent” status under the plan’s rules (e.g., aging off at 26)
Duration depends on which qualifying event triggered COBRA:
18 months — job loss or reduction in hours (for the employee, spouse, and dependents)
29 months — if a Social Security Administration disability determination exists within the first 60 days of the 18-month COBRA period, a disabled qualified beneficiary (and family members in the same household) can extend coverage from 18 to 29 months
36 months — for qualifying events affecting spouses and dependents: divorce, the employee’s death, the employee’s Medicare entitlement, or a dependent child losing eligibility under the plan
A second qualifying event during an active COBRA period can extend coverage to the 36-month maximum for the spouse and dependents (not for the employee). Coverage also ends early if premiums are not paid on time, if the employer terminates the group health plan, or if the covered person obtains coverage under another group health plan or becomes entitled to Medicare.
You pay up to 102% of the full group premium — that means what you were paying before, plus what your employer was paying, plus a 2% administrative fee. For many people this is a large number. The DOL COBRA guidance notes that employers often cover well over half the premium — that portion now falls on you.
The premium due date is monthly. The first premium (covering coverage back to the day it would have lapsed) is due within 45 days of your COBRA election date. After that, each monthly premium has a 30-day grace period: if you pay within 30 days of the due date, your coverage is continuous. If you miss a payment beyond the grace period, COBRA terminates and cannot be reinstated.
Premium amounts can change annually at the employer’s plan renewal, but the administrator must give you advance notice.
You have 60 days from the later of two dates to elect COBRA:
1. The date you lose coverage (or would lose it) 2. The date you receive your COBRA election notice from the plan administrator
The employer has 30 days from the qualifying event to notify the plan administrator; the plan administrator then has 14 days to send you the election notice. In practice, you may receive the notice weeks after your coverage has already lapsed. The 60-day clock doesn’t start until you receive the notice.
Critical: if you elect within the 60-day window and pay within 45 days of electing, your COBRA coverage is retroactive to the day your group coverage would have ended. This means if you incur medical expenses in the gap and then elect COBRA, those bills can be submitted as if you’d had coverage the whole time. Healthcare.gov explains the retroactive coverage rule in the context of evaluating your options.
For many people, the ACA marketplace is cheaper than COBRA — especially if your income falls below 400% of the federal poverty level, where premium tax credits apply, and in some income bands even beyond that under current law. Losing job-based coverage is a Special Enrollment Period trigger: you have 60 days from the loss to enroll in a marketplace plan, even outside the annual open enrollment window.
The comparison comes down to a few factors:
| Factor | COBRA | ACA Marketplace | |---|---|---| | Cost | 102% of full group premium — no subsidies | Subsidized via premium tax credits if income-eligible | | Network | Same as your employer plan | Depends on the plan selected | | Coverage continuity | Immediate, retroactive if elected | Effective the 1st of the month after enrollment (or sooner in some states) | | Pre-existing conditions | Covered (same plan continues) | ACA plans cannot deny coverage for pre-existing conditions | | Duration | Up to 18–36 months | Annual renewal; as long as you qualify |
If your income is high enough that no tax credit applies, COBRA may be competitive — especially if you have ongoing care or mid-year claims that would be disrupted by switching networks. If you’re between jobs temporarily and expect new employer coverage within a few months, COBRA’s retroactive election can serve as a backstop: elect within 60 days only if you actually need to use the coverage, then pay retroactively.
Employers with fewer than 50 full-time employees are not required to offer health insurance under the ACA, so some small-business owners leave employment without any employer plan to COBRA onto — those folks go directly to the marketplace or a spouse’s plan. If you’re a small business owner considering health coverage options, the guide on health insurance for self-employed business owners covers the marketplace, association health plans, and HSA-compatible strategies in detail.
If your employer plan was a High Deductible Health Plan (HDHP) paired with a Health Savings Account (HSA), COBRA continuation of that same HDHP keeps you HSA-eligible. You can continue contributing to your HSA during COBRA — contributions are limited to the annual IRS cap ($4,300 single / $8,550 family for 2026, plus $1,000 catch-up if 55+). HSA funds can be used to pay COBRA premiums tax-free, which reduces the net out-of-pocket cost. The health FSA vs. HSA comparison covers HSA mechanics in more detail, including how HSA balances carry forward indefinitely.
COBRA is worth the premium when one or more of these conditions apply:
For most people between jobs for more than two or three months, the marketplace comparison is worth running before locking in COBRA costs. Use the IRS guidance on COBRA tax treatment to understand how premiums interact with HSAs and the self-employed health insurance deduction if you start consulting or freelancing while on COBRA. You can also explore disability insurance options for self-employed owners if a health event is what triggered the job transition.
If you’re managing health coverage decisions alongside a job transition that includes starting or growing a business, those same financing needs may emerge. The ClearValue Lending application routes business funding requests — working capital, equipment, SBA loans — to lender partners based on your business profile.
COBRA applies to private-sector employers with 20 or more employees who offer a group health plan, as well as state and local government employers. Federal employees are covered under a separate law (FEHB). Small employers with fewer than 20 employees are not covered by federal COBRA, but many states have enacted ‘mini-COBRA’ laws that impose similar continuation rights on smaller employers. Check your state’s insurance department website or the DOL COBRA resources for state-specific rules.
For the covered employee: voluntary or involuntary job loss (except termination for gross misconduct), or a reduction in hours that causes loss of eligibility. For a covered spouse or dependent: the employee’s job loss or reduced hours, divorce or legal separation from the covered employee, the employee’s death, the employee becoming entitled to Medicare, or a dependent child losing ‘dependent’ status under the plan’s rules. Each event has a specific maximum coverage period — 18 months for employment events, 36 months for most family-member events. Full details are in the DOL COBRA FAQs.
Yes. You can stop COBRA coverage at any time by simply not paying the premium. You are not locked in for the full 18 or 36 months. When you enroll in a new employer’s plan, your COBRA coverage typically ends on the date the new coverage begins. One important note: if you become covered by another group health plan that has a pre-existing condition exclusion, COBRA can help bridge coverage so the exclusion period is shorter (HIPAA creditable-coverage rules). Healthcare.gov has a plain-language explanation of how COBRA interacts with other coverage.
It depends almost entirely on your income. ACA marketplace plans offer premium tax credits for households between 100% and 400% of the federal poverty level — and under current law some help extends beyond that. If your income qualifies, a marketplace Silver plan with a tax credit is often substantially cheaper than COBRA. COBRA costs more because you’re paying the full unsubsidized premium plus the 2% fee. Use the healthcare.gov plan comparison tool to compare your actual COBRA premium against marketplace alternatives before you elect.
If you do not elect COBRA within 60 days of the later of your coverage loss date or receipt of the COBRA election notice, you permanently lose your right to continue that coverage. There is no extension except in very narrow circumstances (such as a qualified medical child support order or a plan administrator’s failure to send the required notice). Missing the window typically triggers a Special Enrollment Period for the ACA marketplace, giving you 60 days to enroll in an individual or family plan. The IRS COBRA guidance covers the tax treatment of COBRA premiums you pay.