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1 1 (May 04, 2020)

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                                                                                            Updated May 4, 2020

Health Insurance Options Following Loss of Employment


Many Americans have health insurance coverage that is
provided through an employment setting. In light of the
economic repercussions of the COVID-19 pandemic, many
Americans may lose the jobs through which they receive
health insurance. Such individuals may need to identify
another source of health insurance to remain enrolled in
plans that cover COVID-19-related services.

Three potential comprehensive coverage options for these
individuals include the Consolidated Omnibus Budget
Reconciliation Act (COBRA) continuation coverage,
individual health insurance coverage, and Medicaid. An
individual's eligibility for these coverage options depends
on a number of factors (e.g., economic circumstances,
family composition, federal/state policies). Even if an
individual is eligible for such coverage, the costs associated
with some options may be prohibitive given the individual's
loss of income due to unemployment.

This In Focus provides a brief overview of eligibility,
benefits, and costs associated with these different health
insurance coverage types.

For married couples in which one spouse's job loss results
in the loss of his/her (or his/her family's) health insurance
coverage, the spouse (or family) may be able to enroll in
coverage through the other spouse's employer if the other
spouse is working and his/her employer offers health
insurance coverage. In general, employers offering health
insurance benefits to their employees are obligated to offer
employees, who lose coverage (not sponsored by the
employer) and meet certain criteria, a special enrollment
period (SEP) through which the employee (and/or family)
may enroll in the working spouse's employer coverage.


COBRA provides certain former employees, their spouse,
and their dependent children with temporary access to the
former employer's health insurance. (Certain current
employees may also be eligible.)


To be eligible for COBRA continuation coverage, an
individual must satisfy the following criteria: (1) work (or
be the spouse/dependent child of someone who works) for
an employer that must offer COBRA continuation
coverage, (2) experience a qualifying event, and (3) be
covered by his/her former employer's sponsored health plan
on the day before the qualifying event occurs.

All employers that sponsor health insurance benefits are
subject to COBRA requirements, except employers with
fewer than 20 employees; church plans; and federal, state,
and local governments. In general, most large employers


will be subject to COBRA requirements as a result of being
subject to the employer shared responsibility provisions,
which incentivize large employers to offer health insurance
coverage to their full-time employees.

Under COBRA, an employee's voluntary or involuntary
termination (for any reason other than gross misconduct)
is considered a qualifying event for the former employee
and his/her spouse or dependent child if such event causes a
loss in the former employer's sponsored coverage.

Generally, a qualified individual must be allowed to elect
COBRA coverage within (at least) 60 days from the later
of: the date coverage would be lost due to the qualifying
event or the date the beneficiary is sent notice of his/her
right to elect COBRA coverage. No days will count toward
this timeline until 60 days after an announced end of the
COVID-19 national emergency (or another specified date).


COBRA coverage must be identical to the coverage
available to similarly situated active employees. This is
often the same coverage that the individual previously had.

For terminated employees, coverage generally may last for
at most 18 months. Employees may terminate their
coverage at any point, and employers may terminate
COBRA coverage early for specified reasons (e.g., an
employer ceases to maintain any group health plan due to
going out of business).

Employers are not required to pay the cost of COBRA
coverage, though they may choose to do so. As such,
COBRA continuation coverage may be more expensive
than other coverage options. Employers are permitted to
charge the covered individual 100% of the premium (i.e.,
both the portion paid by the employee and the portion paid
by the employer), plus an additional 2% administrative fee.

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Individuals and families may purchase individual health
insurance coverage directly from an issuer in the individual
market. The individual market includes the health insurance
exchanges (marketplaces), but individuals also can
purchase coverage outside of the exchanges.


In general, individuals may purchase individual health
insurance coverage sold in the state in which they reside.
For exchange coverage, state residents also must be citizens
or have other lawful status, and they must not be
incarcerated (except those pending disposition of charges).


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