Plans with 2-19 employees can qualify for 18 months. Kentucky Rev. Stat. ยง 304.18-110.
Kentucky's mini COBRA law has less protection and gives employees the right to convert to individual coverage. According to federal law, when comparing state and federal continuation rights, employees may select the law that is more favorable to their situation. The state continuation requirements apply to insurance policies that cover a Kentucky insured and bear a reasonable relation to Kentucky, regardless of whether the policy was delivered or issued for delivery in Kentucky Shop health insurance plans in the green box above. They don't expire!
Kentucky's continuation law applies to fully insured health insurance plans that provide hospital and surgical benefits and are not covered by federal COBRA because the employer has fewer than 20 employees. Employees and their dependents who have been covered for 3 months are entitled to extend group coverage for 18 months after the date on which the coverage would have otherwise ended. To be eligible for continuation, an individual must have been covered for 3 months before the triggering event. Events that trigger the KY continuation coverage include:
An employee no longer is a member of the group entitled to coverage;
A surviving spouse and dependents coverage ends under the group policy because of the death of the employee;
A child who has been covered as a dependent under the plan upon reaching the plan's age limit for dependent status; and
A former spouse and children.
Federal COBRA law
Under COBRA, a terminated employee is entitled to continue his or her group health insurance for 18-36 months. The employee is entitled to the same coverage as current employees, since it is a seamless continuation of the current plan.
Cobra Insurance Notice
Most problems and confusion regarding COBRA Insurance involve misinformed employers who aren't aware they're supposed to offer employees COBRA. Read our Sample COBRA Notice. Also some employees thinking they should get their COBRA upon termination. Read about COBRA notification time requirements.
COBRA Insurance Cost
The 65% COBRA subsidy was for employees losing their health insurance from
Sept. 1, 2008 to after May 31st, 2010. That was part of the stimulus bill. Now the employee will be required to pay the full cost of health insurance, including any portion formerly paid by the employer. In addition, the employer can charge a 2% COBRA administration fee, bringing the total payment to 102% of the premium.
Who Qualifies for COBRA?
Employers with over 20 full time employers usually have to offer COBRA to an employee within 45-60 days of the qualifying event. Qualifying events include the employee losing their health insurance for a variety of reasons including a reduction in hours or termination. Dependents who lose insurance for other reasons, such as divorce, also qualify for COBRA. Exceptions include employees terminated for willful gross misconduct, employers with less than 20 total employees, non profits or churches organizations.
No Mini Cobra Coverage
47 of the 50 U.S. states have COBRA laws that cover smaller employers, generally called state mini-cobra laws. States that have not passed a mini-cobra law include Alabama, Alaska, and Delaware.
Among States that have mini-cobra laws, the lengths of coverage vary from 30 days to 36 months. Please refer to our Mini State COBRA Law Directory.
Written by Craig J. Casey
Craig Casey is an Writer, Coach, Blogger, Husband, and Former Health Insurance Agent helping people on the web since 1999 with their health insurance problems.
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About COBRA
Employers who offer group health care plans to a minimum of 20 employees must comply with ERISA (the Employee Retirement Income Security Act of 1974). The Federal version or the Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA), requires that most group health plans provide 18-36 months of continuing health insurance.
