COBRA in New York

New York has one of the strongest continuation laws in the country. Insured group plans must offer up to 36 months of continuation at any size employer, and if you have federal COBRA, New York adds up to 18 more months on top of it.

Reviewed by Prodest Insurance Group, a licensed insurance agency (NPN 19515569) · Updated 20 October 2026 against the New York Insurance Law, Department of Financial Services guidance, and federal sources.

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Up to 36 Months, at Any Size Employer

Section 3221(m) of the New York Insurance Law, with parallel sections 4304(k) and 4305(e) for HMOs and not-for-profit insurers, requires insured group health plans to let employees and members continue hospital, surgical, and medical coverage when it would otherwise end. Since 2009, the maximum has been 36 months, whatever the reason coverage ended.

If you have federal COBRA, New York adds to it

The Department of Financial Services states that if you are eligible for 18 months of federal COBRA, you can continue under state continuation for an additional 18 months, for up to 36 months in total. The size of your employer does not change this.

The premium for the state months stays capped at 102 percent of the group rate, and the employer does not pay any of it.

New York Continuation Compared With Federal COBRA

	Federal COBRA	New York continuation
Who it reaches	Employers with 20 or more employees	Insured group plans of any size
How long	18 months, up to 36 for some events	Up to 36 months for any qualifying event
After federal COBRA ends	Coverage ends	Up to 18 more months, to 36 in total
Time to elect	60 days	60 days, in writing, from the later of termination or the notice being mailed
What you pay	Up to 102 percent; 150 percent during a disability extension	Up to 102 percent of the group rate
Plans covered	All group health plans, including self-funded	Insured plans only. Not self-funded, dental-only, vision-only, or prescription-only plans

These rules apply to policies subject to New York law. Your employer or plan administrator can tell you which state's law governs your plan.

Disability and Family Events

Under state continuation, a person determined disabled by Social Security pays up to 102 percent for all 36 months. If you are on federal COBRA with a disability extension, you pay up to 102 percent for months 1 to 18, up to 150 percent for months 19 to 29, and up to 102 percent again for months 30 to 36.

After a divorce, a legal separation, or a child ceasing to be a dependent, the employee or family member must tell the employer, policyholder, or remitting agent within 60 days of the event.

When It Ends Early

The 36-month period can end sooner if a premium is not paid on time, if the employer stops maintaining any group health plan, if you become covered under another group health plan not maintained by the employer, even a less comprehensive one, or if you become entitled to Medicare.

Federal COBRA applies to stand-alone dental and vision plans, but New York continuation does not, so those cannot be extended past 18 months. A comprehensive plan that combines medical and dental benefits can be.

How Much Does COBRA Cost in New York?

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 New York's average employer premium in 2025, that works out to about $928 a month for single coverage and $2,529 a month for family coverage. That is about $161 a month more than the U.S. average of $767 for single coverage.

	Single coverage	Family coverage
Average full annual premium in New York	$10,913	$29,752
Estimated COBRA cost per month (102%)	$928	$2,529

Estimate = average total employer premium in New York × 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.

Compare COBRA costs in every state →
Estimate your own premium with the COBRA cost calculator →
Nearby states: Connecticut · New Jersey · Pennsylvania · Vermont

Health Insurance After Job Loss in New York

The Essential Plan offers low-cost coverage to eligible New Yorkers with household income below 200 percent of the federal poverty level. From July 1, 2026, people with income between 200 and 250 percent are no longer eligible, after New York returned the program to Basic Health Program rules.

New York expanded Medicaid, so adults under 65 with household income up to 138 percent of the federal poverty level may qualify, and children may qualify for Child Health Plus.

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 New York?

About $928 a month for single coverage and $2,529 a month for family coverage, based on New York'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 New York?

New York runs its own marketplace, NY State of Health, rather than using 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. The Essential Plan offers low-cost coverage to eligible New Yorkers with household income below 200 percent of the federal poverty level. From July 1, 2026, people with income between 200 and 250 percent are no longer eligible, after New York returned the program to Basic Health Program rules.

How long does New York continuation last?

Up to 36 months, whatever the reason your coverage ended.

Does New York extend federal COBRA?

Yes. If you are eligible for 18 months of federal COBRA, you can continue under state continuation for an additional 18 months, up to 36 months in total.

Does employer size matter in New York?

No. Former employees can extend coverage from 18 to 36 months whether they worked for a small or large employer.

How long do I have to elect?

60 days, in writing, from the later of your termination date or the date the notice of your right to continue was mailed.

How much does New York continuation cost?

Up to 102 percent of the group rate. Your former employer does not pay any of it.

Which plans are not covered?

Self-funded plans, and dental-only, vision-only, and prescription-only plans.

Who is eligible for the Essential Plan?

Eligible New Yorkers with household income below 200 percent of the federal poverty level. The 200 to 250 percent group lost eligibility on July 1, 2026.

Sources

Drawn from the New York Insurance Law as quoted by the Department of Financial Services, New York regulations, New York State Department of Health announcements, and federal sources. Your plan documents and the terms your carrier provides govern your specific situation.

New York Department of Financial Services, State Continuation Coverage Extension to 36 Months
New York Department of Financial Services, OGC Opinion 03-03-16, Continuation and Conversion Requirements (quoting Insurance Law 3221(m))
New York Codes, Rules and Regulations, 11 NYCRR 360.7, Continuation of health insurance benefits
New York State Department of Health, Update on federal approval to preserve Essential Plan coverage, March 2026
U.S. Department of Labor, FAQs on COBRA Continuation Health Coverage for Workers
Agency for Healthcare Research and Quality, Medical Expenditure Panel Survey Insurance Component, 2025

Thirty-six months is worth comparing

A licensed agent can confirm which rules apply to your plan, check your deadline, and price NY State of Health plans and the Essential Plan alongside continuation. No charge, no obligation.