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EBSA COBRA extensions

Important update regarding COBRA continuation coverage

 

This website will be updated with the latest information on the temporary COBRA extension. Please note that the U.S. Department of Labor and IRS may make additional changes to the COBRA rules.

On April 28, 2020, the U.S. Department of Labor and IRS announced a temporary extension of certain deadlines for sending notifications, electing, and paying for COBRA continuation coverage during the COVID-19 outbreak. Under this temporary extension, you had extra time to send certain notifications about COBRA coverage, to elect COBRA coverage, and to make premium payments.

This temporary extension was effective as of March 1, 2020 and pauses individual deadlines until the COVID-19 National Emergency has been declared over and the Outbreak Period ends or until 1 year after action would otherwise have been required, whichever occurs first.

President Biden declared the National Emergency over on April 10, 2023. Deadlines that were paused starting March 1, 2020 will resume after the Outbreak Period ends or one year from the original deadline, whichever occurs first. The IRS and Department of Labor have indicated informally that the Outbreak Period will end on July 10, 2023.

What this means

If your original deadline was prior to July 10, 2022, your grace period begins on the one-year anniversary of your original deadline.

Example: Your payment was due May 1, 2022. The grace period for that payment begins on the one-year anniversary, May 1, 2023.

If your original deadline was on or after July 10, 2022, your grace period begins on July 10, 2023.

Example: Your payment was due August 1, 2022. The grace period for that payment begins on July 10, 2023.

If you delayed enrolling in or making premium payment(s) for your COBRA continuation coverage, you must enroll and/or pay all missed premium payments by the end of the applicable deadline or coverage will terminate back to the original effective date or month for which you made payment. If you do not want COBRA coverage or your COBRA payments are up-to-date, no action is required of you.

Impacted deadlines

Action Standard grace period New deadline
Election 60 days from the date of the Specific Rights Notice The earlier of:

  • September 8, 2023, or
  • One year and 60 days from date of the Specific Rights Notice
Initial Premium Payment* 45 days from the date of election The earlier of:

  • August 24, 2023, or
  • One year and 45 days from the date of the election
Subsequent Monthly Premium Payment 30 days from the payment due date The earlier of:

  • August 9, 2023, or
  • One year and 30 days from the original payment due date

*If you elected COBRA after the regular 60-day deadline, you have until August 24, 2023 or until one year and 105 days from the date the COBRA Specific Rights Notice was provided, whichever is earlier, to make your initial payment. The initial premium payment will include all payments from the first month of coverage through the date of your payment. 

Frequently asked questions

Q: I have recurring payments set up or mail a payment each month. Do I need to take any action?
A: No. If your payments are up to date, no action is required of you.

Q: I’m not sure if my payments are up to date. Where can I check?
A: Log into your online account at https://cobra.wexinc.com.

Q: Where can I find my original deadline?
A: Refer to recent correspondence under the Communication Activity tab of your online account.

Q: I didn’t elect, but now I’d like to. My original grace period has passed but I’m still within my extended grace period. How can I elect?
A: We can’t process overdue elections online. Mail your election paperwork and premiums to:

     WEX Health
     P.O. Box 2079
     Omaha, NE 68103-2079

     You can download a copy of your election paperwork under the Communication Activity tab of your online account.

Q: My payments are overdue but I’m still within my extended grace period. How can I make a payment?
A: We can’t process overdue payments online. Mail your payment to:

     WEX Health
     P.O. Box 2079
     Omaha, NE 68103-2079

     Include your member ID, which is located under the Profile tab of your online account. Please allow 10-14 business days for your payment to be processed.

Q: If I only had services in specific months, can I pay for coverage for just those months?
A: No. COBRA requires enrollment each month from the first date of coverage.Gaps in coverage aren’t allowed.

Q: How long will it take to reactivate my coverage?
A: Once we receive and process your election and/or payment, it can take your insurance carrier up to 15 business days to reactivate your coverage. 

Ongoing payments

Please keep in mind that the above extensions of time do not change how COBRA coverage operates. If you pay a monthly payment later than the first day of the coverage period to which it applies, your coverage under the plan will be suspended as of the first day of the month. However, if you timely pay your monthly payment (taking into account the applicable extended time under the National Emergency), your coverage will be retroactively reinstated going back to the first day of the applicable month. This means that any claim you submit for benefits while your coverage is suspended may be denied and may have to be resubmitted once your coverage is reinstated.

Questions on your account?

You can find information regarding your COBRA premium, grace period, and payment due dates in your online account at https://cobra.wexinc.com. Please note that the above COBRA timeframe extensions are not reflected in the attached notices or your online account, but they do apply to you. 

If you have any questions regarding your account or this notice, our Participant Services team is available by email at EBSACOBRA@wexhealth.com, or by calling 844-561-1339 during business hours (Monday through Friday, 6 a.m. to 9 p.m. Central time).

For more information on the temporary extension provided by the Department of Labor and IRS, see EBSA Disaster Relief Notice 2020-01, Notice 2021-58, and Notice 2021-01.

Download EBSA Notice

Download IRS Notice