Key Takeaways

  • Federal COBRA applies to employers with 20 or more employees, requiring 18-36 months of continuation coverage
  • Arizona state continuation applies to employers with fewer than 20 employees, providing similar protections
  • COBRA qualifying events include termination of employment, reduction in hours, divorce, and loss of dependent status
  • Employees must be notified of COBRA rights within 14 days of the plan administrator learning of a qualifying event
  • COBRA coverage can cost up to 102% of the full premium (employer and employee portions plus 2% administrative fee)
Last updated: January 2026

Arizona COBRA and State Continuation Rights

COBRA (Consolidated Omnibus Budget Reconciliation Act) and Arizona state continuation laws ensure employees can maintain health coverage after losing group coverage.

Federal COBRA Requirements

Who COBRA Applies To

COBRA applies to:

  • Private sector employers with 20 or more employees
  • State and local governments
  • Church plans with 20+ employees (if elected COBRA coverage)

COBRA Does NOT Apply To

  • Employers with fewer than 20 employees
  • Federal government (has separate rules)
  • Some church plans

Exam Tip: COBRA applies to employers with 20 or more employees. Arizona state continuation covers smaller employers.

Qualifying Events

Events Triggering COBRA Rights

Qualifying EventMaximum Coverage Period
Termination of employment (not gross misconduct)18 months
Reduction in hours18 months
Employee's death36 months (dependents)
Divorce or legal separation36 months (spouse/dependents)
Employee becomes Medicare eligible36 months (dependents)
Child loses dependent status36 months (child)

Extended COBRA Periods

SituationExtension
Disability determination within 60 days29 months total
Second qualifying event during initial period36 months total

COBRA Continuation Periods

Standard Periods

Covered PersonTypical Period
Employee18 months
Spouse (employee death)36 months
Dependent child losing status36 months
Divorced spouse36 months

COBRA Notice Requirements

Employer/Plan Administrator Duties

RequirementTimeframe
Initial COBRA noticeWhen first covered under plan
Qualifying event noticeWithin 14 days of learning of event
Election notice to beneficiaryWithin 14 days of qualifying event notice

Employee/Beneficiary Duties

RequirementTimeframe
Notify plan of divorce/separationWithin 60 days
Notify plan of child losing statusWithin 60 days
Elect COBRA coverageWithin 60 days of notice
Pay initial premiumWithin 45 days of election
Pay ongoing premiumsWithin 30 days of due date

COBRA Premiums

Maximum Allowable Premium

SituationMaximum Premium
Standard COBRA102% of full premium
Disability extension150% for months 19-29

The 102% includes:

  • Employer's share of premium
  • Employee's share of premium
  • 2% administrative fee

Exam Tip: COBRA premiums can be up to 102% of the FULL premium (not just the employee portion). This often surprises people who only paid a portion while employed.

Arizona State Continuation

For employers with fewer than 20 employees:

Arizona Mini-COBRA

FeatureRequirement
Applies toEmployers with fewer than 20 employees
DurationVaries by circumstance
PremiumSimilar to COBRA (102%)
CoverageSame coverage as group plan

Key Differences from Federal COBRA

FeatureFederal COBRAArizona State
Employer size20+ employeesFewer than 20
EnforcementFederal DOLArizona DIFI
PenaltiesFederal penaltiesState penalties

COBRA Termination

COBRA coverage ends when:

Termination Events

EventEffect
Premium not paid timelyCoverage terminates
Maximum period expiresCoverage terminates
Employer terminates all group coverageCoverage terminates
Covered person obtains other group coverageMay terminate
Covered person becomes Medicare eligibleMay terminate
Covered person diesCoverage terminates for that person

Grace Period for Premium Payments

  • Initial premium: 45 days from election
  • Subsequent premiums: 30 days from due date
  • Late payment within grace period: Coverage continues
  • Payment after grace period: Coverage terminates retroactively

Coordination with Other Coverage

Multiple Coverage Options

When COBRA-eligible individuals have options:

ScenarioConsideration
Spouse's employer planCompare costs and benefits
ACA marketplacePremium tax credits may apply
MedicareCOBRA is secondary to Medicare
MedicaidMay be eligible depending on income

COBRA and Medicare

Important coordination rules:

  • Medicare generally becomes primary
  • COBRA can supplement Medicare
  • Employer cannot require COBRA election over Medicare
  • Coverage period may be affected

Producer Responsibilities

When advising clients on COBRA:

Key Counseling Points

  1. Compare options - COBRA vs. marketplace vs. spouse's plan
  2. Calculate costs - 102% of full premium
  3. Consider duration - How long coverage is needed
  4. Check marketplace - May qualify for subsidies
  5. Meet deadlines - 60-day election, 45-day initial payment

Exam Tip: Producers should help clients understand all their coverage options when losing group health insurance, including COBRA, state continuation, spouse's coverage, and ACA marketplace options.

Loading diagram...
COBRA Election and Payment Timeline
Test Your Knowledge

What is the minimum employer size for federal COBRA to apply?

A
B
C
D
Test Your Knowledge

What is the maximum premium an employer can charge for COBRA coverage?

A
B
C
D
Test Your Knowledge

How long does a terminated employee have to elect COBRA coverage after receiving notice?

A
B
C
D
Test Your Knowledge

What is the maximum COBRA continuation period for a divorced spouse?

A
B
C
D
Test Your Knowledge

How long is the grace period for ongoing COBRA premium payments?

A
B
C
D