onedigital.com ©2025 OneDigital | HR Consulng Disclaimer: The statements made herein are informaonal only and are not legal advice. Because applicable laws change, the informaon provided may become outdated. OneDigital makes no express or implied representaons or warranes arising by law or otherwise, all of which are expressly disclaimed. As part of a severance or buy-out agreement, employers oen pay for all or part of a terminated employee’s COBRA premium, for a dened length of me. This pracce may cause terminated employees to miss opportunies to enroll in other coverage, at a potenally lower cost, when the employer subsidy ends. Therefore, employers may want to either coordinate the length of COBRA subsidies with these opportunies or instead provide a taxable lump sum amount so that terminated employees may purchase any available coverage. The terminated employee and any covered family members have the following enrollment opportunies when the employer group plan is lost: • When re-employed, enroll in the new employer’s group health plan, if available. Employer plans may have a waing period before coverage begins and will have an enrollment deadline. • Remain on the employer’s plan by elecng COBRA, for up to 18 months. Once elected, COBRA provides coverage retroacve to the loss of coverage date. COBRA can be elected unl other coverage is eecve. • Enroll in the spouse’s employer’s plan, if available, within 30 days from the date of loss of coverage (HIPAA special enrollment right). The eecve date of coverage should be conrmed with the spouse’s employer. • If under age 65, purchase individual coverage through the Health Insurance Marketplace or direct from an insurance carrier. Individual coverage must be purchased within 60 days from the date of loss of group plan coverage, when the COBRA maximum coverage period expires (Marketplace special enrollment periods), or during the annual enrollment period for coverage eecve January 1. Individual coverage is generally prospecve from the applicaon date, so there may be a gap in coverage if someone waits unl the group plan is lost to apply. If enrolled through the Marketplace, federal subsidies may be available towards the cost of coverage. • If age 65+, enroll in Medicare, if not already enrolled. Medicare will pay as primary and needs to be in force at terminaon of employment if there is no other group coverage in force due to the employee’s or spouse’s current employment. From the date enrolled in Part B, there is a 6-month Medigap enrollment period. From the date that the employer’s plan with creditable drug coverage is lost, there is a 2-month Part D prescripon drug plan enrollment period. Example 1. Bill is single, age 40, and has no other employment at the me of his terminaon of employment from Acme on May 30th. Acme provides Bill with 3 months of paid COBRA from June 1 to August 31 under a severance agreement. Sll unemployed, Bill waits unl August 15th to look for other coverage, but he has lost his opportunity to purchase individual coverage. To remain insured, Bill must connue on COBRA, at his cost, Impact of Employer Subsidized COBRA E M P L O Y E R I N S I G H T EMPLOYER INSIGHT em em EMPLOYER INSIGHT
onedigital.com ©2025 OneDigital | HR Consulng Disclaimer: The statements made herein are informaonal only and are not legal advice. Because applicable laws change, the informaon provided may become outdated. OneDigital makes no express or implied representaons or warranes arising by law or otherwise, all of which are expressly disclaimed. unl the 18-month COBRA period expires, the next Marketplace open enrollment period, or he gains access to new employer coverage. Example 2. Sally is single, age 67, and takes a buy-out from Symco. She plans to rere and enrolls in Medicare by her terminaon date. Symco provides 2 months of paid COBRA to Sally. Her Medicare coverage pays primary, while the COBRA coverage pays secondary. Sally purchases a Medigap plan and a Part D plan to be eecve 2 months from her date of terminaon. She does not connue COBRA beyond the 2-month period paid by Symco because she has her primary coverage, Medicare, and supplemental coverage in place. Stay Informed . Stay Compliant. Stay Ahead. Workplace regulations are evolving, and the decisions made in Washington could directly impact your business. OneDigital’s team of HR, insurance and workforce compliance consultants are tracking key legislative and regulatory developments so you don’t have to. Get the latest insights on pending changes in healthcare, benefits, HR compliance, and workforce policies—so you can plan with confidence. Visit the OneDigital Hub: 2025 Federal Updates for Employers for more, or connect directly with our team of HR and workforce consultants.