COBRA in Delaware

Delaware's mini-COBRA law covers employers with 1 to 19 employees. It gives nine months of continuation at up to 102 percent of the group rate, and you have 30 days from your employer's notice to elect.

Reviewed by Prodest Insurance Group, a licensed insurance agency (NPN 19515569) · Updated 20 October 2026 against the Delaware Code and federal sources.

Prefer to talk? Call (888) 918-4516 · Monday to Friday, 10:00 a.m. to 5:30 p.m. Eastern

Nine Months for Small Employers

Section 3571F of Title 18 of the Delaware Code requires insured group policies to let covered employees and eligible dependents continue hospital, surgical, or major medical coverage after a qualifying event. It applies to people who are not covered by federal COBRA and who work for an employer that normally had 1 to 19 employees in the previous year.

Two 30-day steps

Your employer must notify the administrator, the insurer, and you of the qualifying event within 30 days, including notice of your rights.

You then have 30 days from that notice to tell the administrator you are electing continuation. Coverage runs from the date of the qualifying event, so there is no gap, and an election by one family member covers the others losing coverage unless the election says otherwise.

Delaware Continuation Compared With Federal COBRA

	Federal COBRA	Delaware mini-COBRA
Who it reaches	Employers with 20 or more employees	Insured groups with 1 to 19 employees
How long	18 months, up to 36 for some events	9 months
Prior coverage needed	None	Three months continuously insured
Time to elect	60 days	30 days from your employer's notice
What you pay	Up to 102 percent of the full premium	Up to 102 percent of the group rate
What is included	The same plan you had	All benefits under the group policy
If the plan is cancelled	Coverage ends	Coverage ends

You pay the administrator or its designee monthly. Coverage cannot depend on proof of good health.

Who Cannot Use It

Continuation is not available to anyone covered by or eligible for Medicare, or to anyone who is or could be covered under another group arrangement they were not in before the termination. Delaware's Medicaid program does not count as another group arrangement for this purpose.

If you become ineligible, you must tell the administrator in writing within 14 days. If you are rehired during the continuation period, your regular group coverage must be reinstated for you and your covered dependents.

How Much Does COBRA Cost in Delaware?

Federal COBRA lets a plan charge up to 102 percent of the full premium: everything your employer was paying, everything you were paying, plus two percent. Based on Delaware's average employer premium in 2025, that works out to about $804 a month for single coverage and $2,176 a month for family coverage. That is about $37 a month more than the U.S. average of $767 for single coverage.

	Single coverage	Family coverage
Average full annual premium in Delaware	$9,459	$25,600
Estimated COBRA cost per month (102%)	$804	$2,176

Estimate = average total employer premium in Delaware × 1.02 ÷ 12, from the federal Medical Expenditure Panel Survey (2025). These are averages. Your exact premium depends on your former employer's plan and is listed on your COBRA election notice. If you are on state continuation instead of federal COBRA, the premium rules described on this page apply.

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Nearby states: Maryland · New Jersey · Pennsylvania

Health Insurance After Job Loss in Delaware

Delaware expanded Medicaid, so adults under 65 with household income up to 138 percent of the federal poverty level may qualify. Federal law passed in 2025 adds work and community engagement requirements for expansion adults from January 2027.

A spouse or parent's plan. Losing your own coverage usually opens a window to join a family member's employer plan, and that window can be as short as 30 days. Ask early.

Common Questions

How much is COBRA insurance in Delaware?

About $804 a month for single coverage and $2,176 a month for family coverage, based on Delaware's 2025 average employer premium plus the 2 percent administrative fee federal COBRA allows. Your actual premium depends on your former employer's plan and appears on your COBRA election notice.

What are my health insurance options after losing my job in Delaware?

Delaware residents buy Marketplace plans through HealthCare.gov. Losing job-based coverage opens a 60-day Special Enrollment Period, and you can enrol up to 60 days before coverage ends so a new plan starts as the old one stops. Delaware expanded Medicaid, so adults under 65 with household income up to 138 percent of the federal poverty level may qualify. Federal law passed in 2025 adds work and community engagement requirements for expansion adults from January 2027.

Who does Delaware mini-COBRA cover?

Employers with 1 to 19 employees, on insured plans, for people not covered by federal COBRA.

How long does it last?

Nine months.

How long do I have to elect?

30 days from your employer's notice, which must come within 30 days of the qualifying event.

How much does it cost?

Up to 102 percent of the group rate.

What if I am rehired?

Your regular group coverage must be reinstated for you and your covered dependents.

Sources

Drawn from the Delaware Code as published by the Delaware General Assembly, and federal sources. Your plan documents and the terms your carrier provides govern your specific situation.

Delaware Code, Title 18, Section 3571F, Mini-COBRA small employer group health policies
U.S. Department of Labor, FAQs on COBRA Continuation Health Coverage for Workers
HealthCare.gov, Special Enrollment Period (glossary)
Agency for Healthcare Research and Quality, Medical Expenditure Panel Survey Insurance Component, 2025

Thirty days from the notice

A licensed agent can confirm whether federal COBRA or Delaware mini-COBRA applies to you, check your dates, and price a Marketplace plan alongside it. No charge, no obligation.

Prefer to talk? Call (888) 918-4516 · Monday to Friday, 10:00 a.m. to 5:30 p.m. Eastern

This page is general information about Delaware and federal continuation coverage, not advice about your specific situation. Rules, pricing, and eligibility vary by employer, plan, carrier, and household. Review your plan documents and speak with a licensed agent about your circumstances.

This website provides educational information about health insurance and is a solicitation for insurance. It is a non-government website operated by Prodest Insurance Group, a health insurance agency that presents health plans, which may include Affordable Care Act (ACA) plans, private health insurance, short-term medical insurance, or supplemental insurance based on the consumer's selection. Qualified ACA plans must meet or exceed the essential benefit requirements of the Affordable Care Act; non-ACA plans are not required to provide all of the essential benefit requirements contained in the Affordable Care Act. Pre-existing condition provisions, benefit availability, limitations and exclusions vary by plan type and state. You should review all plan details and product brochures before purchase. To qualify for ACA health insurance coverage outside of the open enrollment period, you must meet special enrollment requirements.

*Eligibility for Affordable Care Act (ACA) Advance Premium Tax Credit (APTC) and cost-sharing reductions is based on annual federal income thresholds, household size, and plan availability within the applicable service area. Premium rates, plan availability, and subsidy amounts vary by state and marketplace. Final eligibility and premium obligations are determined by the Health Insurance Marketplace under Internal Revenue Code Section 36B and applicable federal regulations.

COBRA in Delaware

Nine Months for Small Employers

Two 30-day steps

Delaware Continuation Compared With Federal COBRA

Who Cannot Use It

How Much Does COBRA Cost in Delaware?

Health Insurance After Job Loss in Delaware

Common Questions

How much is COBRA insurance in Delaware?

What are my health insurance options after losing my job in Delaware?

Who does Delaware mini-COBRA cover?

How long does it last?

How long do I have to elect?

How much does it cost?

What if I am rehired?

Read Next

Sources

Thirty days from the notice