No. A new policy is not a continuation policy under COBRA.
Insurance premiums.
You can’t treat insurance premiums as qualified medical expenses unless the premiums are for any of the following.
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Long-term care insurance.
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Health care continuation coverage (such as coverage under COBRA).
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Health care coverage while receiving unemployment compensation under federal or state law.
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Medicare and other health care coverage if you were 65 or older (other than premiums for a Medicare supplemental policy, such as Medigap).
The premiums for long-term care insurance (item (1)) that you can treat as qualified medical expenses are subject to limits based on age and are adjusted annually. See Limit on long-term care premiums you can deduct in the Instructions for Schedule A (Form 1040).
Items (2) and (3) can be for your spouse or a dependent meeting the requirement for that type of coverage. For item (4), if you, the account beneficiary, aren’t 65 or older, Medicare premiums for coverage of your spouse or a dependent (who is 65 or older) aren’t generally qualified medical expenses.
