Brannen in Brief

Lawmakers Explore COBRA Changes

Due to the continuing climb in unemployment numbers and the attendant increase in the loss of health care benefits, lawmakers are considering changes in COBRA that could result in subsidization of costs and, less likely, an extension of eligibility beyond the usual 18 months. But while insurance policy makers view COBRA changes as a possible temporary solution for workers who suddenly find themselves uninsured, some observers doubt that it would be much of a panacea for the majority of the newly unemployed — and it could result in higher costs for employers.


While most details of the proposal Congress is considering remain unknown to the public, extending the eligibility period appears to be off the table; the rationale is that COBRA is so expensive that the majority of people who are eligible can’t afford it. According to Families USA, a consumer health care advocacy group, the average national premium costs for family COBRA coverage eat up almost 84 percent of average unemployment benefits. Few people who qualify for COBRA actually elect coverage, but that could be changing if Baby Boomers, who often have trouble finding more affordable health insurance in the open marketplace, decide to bite the bullet with COBRA.


This could spell bad news for employers who have implemented mass layoffs. Although companies can set the COBRA premium at 102 percent of the cost of coverage, there is evidence that people who enroll in COBRA tend to use more medical services than employees; premiums often don’t cover costs. According to a Business Insurance report, for every dollar of COBRA premium, employers pay about $1.50 in claims.


Subsidization of COBRA premiums or an expansion of Medicaid are more likely scenarios. The government has subsidized COBRA costs in the past when unemployment numbers surged. According to the report, under a 2002 trade law, people who lose their jobs due to foreign competition or people ages 55 to 64 who are enrolled in pension plans taken over by the Pension Benefit Guaranty Corp., are eligible for a tax credit to pay 65 percent of their COBRA premiums.

As layoffs continue, it’s likely that the new administration will move quickly on this issue. Benefits departments should keep a close watch as developments unfold.

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