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COBRA in Virginia

Virginia gives employees of small employers twelve months of continuation, at the group rate plus no more than two percent. The catch is the timetable. Your employer has fourteen days to tell you, and you have thirty-one days to decide.

Reviewed and updated 1 August 2026 against the Code of Virginia and federal sources.

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Virginia Continuation Compared With Federal COBRA

Virginia’s continuation right comes from section 38.2-3541 of the Code of Virginia. It applies where federal COBRA does not, which in practice means employers below the twenty-employee threshold.
Federal COBRAVirginia continuation
Applies toEmployers with 20 or more employeesGroup policies issued in Virginia where COBRA does not apply
How long18 months, up to 36 for some events12 months
Maximum charge102 percent of the plan costGroup rate plus an administrative fee capped at 2 percent
Employer must notify youWithin 30 daysWithin 14 days of learning you are ineligible
Your window to elect60 days31 days from the written notice
Prior coverage neededNoneContinuously insured for the full three months before eligibility ended

Thirty-one days, and the clock starts with a letter

The election window runs from when the written notice is issued, not from when your coverage ends. If that notice reaches you late, or goes to an old address, a meaningful part of your thirty-one days can be gone before you know the clock is running.
If you are leaving a small employer in Virginia, ask for the continuation notice rather than waiting for it to arrive.

When Continuation Is Not Available

Virginia continuation is not available to someone who is already covered by, or eligible for, Medicare. The statute also frames the right as applying before a person becomes eligible for Medicare or Medicaid benefits.
Coverage can also end before the twelve months are up if you become eligible for another group health plan. If a new job or a spouse’s employer offers coverage, that generally takes over.
Virginia group policies may offer a conversion option as well as, or instead of, continuation. The written notice you receive should say which is available to you and how to take it up. If the notice is unclear, ask the insurer directly rather than assuming.

Virginia Runs Its Own Marketplace

Virginia no longer uses HealthCare.gov. Virginia’s Insurance Marketplace replaced it in November 2023 and is operated by the Virginia Health Benefit Exchange, a division of the State Corporation Commission.
Premium tax credits and cost-sharing reductions work the same way they do on the federal marketplace. Losing job-based coverage opens a Special Enrollment Period, and you can generally enrol before your coverage ends so a new plan starts as the old one stops.
Virginia also expanded Medicaid, so adults with household income up to 138 percent of the federal poverty level may qualify. There is no enrolment window for Medicaid, and if you qualify it will usually cost less than continuation.

Twelve months goes quickly

Virginia continuation runs a year and cannot be extended. Depending on when in the year you lose coverage, it may or may not carry you to the next Open Enrollment. Working that out at the start is easier than discovering it eleven months later.

Read Next

How much COBRA actually costs →
Compare COBRA and Marketplace side by side →
What to do when you lose coverage →
How federal COBRA works →  ·  COBRA rules by state →

Sources

Drawn from the Code of Virginia, Virginia Administrative Code, and federal sources. Your plan documents and the terms your carrier provides govern your specific situation.

Talk to a licensed agent in Virginia

A licensed agent can confirm whether continuation or conversion applies to your policy, work out your thirty-one day deadline, and price marketplace alternatives alongside it. No charge, no obligation.
Get My Options

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 Virginia and federal continuation coverage, not advice about your specific situation. Whether continuation or conversion applies depends on your group policy, and deadlines run from the written notice your employer or insurer issues. 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.

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