Are COBRA rights available for all group health plans, regardless of employer size?

• A. Yes, always
• B. Yes, if the plan is ERISA-governed
• C. No, COBRA applies only to plans with 100 or more employees
• D. No, eligibility depends on the plan's structure and ERISA status

Answer: (D)

COBRA rights aren’t automatic for every group health plan. They generally apply to group health plans maintained by private-sector employers that are subject to ERISA, and there’s often a size threshold (commonly around 20 or more employees) for federal COBRA to apply. Plans that aren’t ERISA-governed—such as many government plans, church plans, or other non-ERISA arrangements—are typically exempt from COBRA. There are also state continuation rules that can fill gaps for smaller employers, but those vary by state. Because eligibility depends on how the plan is structured (a group health plan) and whether it falls under ERISA, this answer best captures the nuanced reality rather than assuming universal coverage.