Plans with 2-19 employees can qualify for 18 months.
Nevada NRS 689B.245
Required provision concerning continuation of coverage.
1. If an employer who employs less than 20 employees maintains a policy of group health insurance which covers those employees, the policy must contain a provision which permits:
(a) An employee to elect to continue identical coverage under the policy, excluding coverage provided for eye or dental care, if:
(1) The employee’s employment is terminated for any reason other than gross misconduct; or
(2) The number of his or her working hours is reduced so that the employee ceases to be eligible for coverage.
(b) The spouse or dependent child of an employee to elect to continue coverage, excluding coverage provided for eye or dental care, if:
(1) The employee’s employment is terminated for any reason other than gross misconduct or the number of his or her working hours is reduced so that the employee ceases to be eligible for coverage;
(2) The employee dies;
(3) The employee and his or her spouse are divorced or legally separated;
(4) The dependent child ceases to be eligible for coverage under the terms of the policy; or
(5) The spouse ceases to be eligible for coverage after becoming eligible for Medicare.
2. The period of continued coverage is limited to:
(a) Eighteen months for an employee.
(b) Thirty-six months for an employee’s spouse or dependent child.
3. An employee who voluntarily leaves his or her employment, or the spouse or dependent child of that employee, is not eligible to continue coverage pursuant to this section.
4. An employee, spouse or dependent child who has not been covered under any group policy of the employer for at least 12 consecutive months before the termination of his or her coverage is not eligible to continue coverage pursuant to this section.
5. A provision for continued coverage must include coverage for any child born to, legally adopted by or placed for adoption with the employee during the period of continued coverage. Such a child is eligible for continued coverage only to the end of the period of continued coverage as established pursuant to subsection 2.
(Added to NRS by 1987, 2233; A 1997, 2915)
NRS 689B.246 Notice of eligibility or election to continue coverage.
1. An employee, spouse or dependent child shall notify the employer that the employee, spouse or dependent child is eligible to continue his or her coverage pursuant to NRS 689B.245 not later than 60 days after becoming eligible to do so.
2. The employer shall, within 14 days after receipt of the notification given pursuant to subsection 1, provide adequate information to the employee, spouse or dependent child regarding the election to continue coverage and the premium required to be paid.
3. If the employee, spouse or dependent child elects to continue coverage, the employee, spouse or dependent child shall notify the insurer of his or her election and pay to the insurer the premium required by NRS 689B.247 within 60 days after receipt of the information provided pursuant to subsection 2.
(Added to NRS by 1987, 2234)
NRS 689B.247 Payment of premium for continued coverage.
1. Any person who elects to continue coverage pursuant to NRS 689B.245 shall pay the premium for that coverage in an amount not to exceed 110 percent of the premium charged to the employer by the insurer on the date on which that person became eligible for continued coverage.
2. If there is a change in the rate charged or benefits provided under the policy during the time of continued coverage, the premium may not exceed 110 percent of the new rate charged to the employer.
3. The premiums must be paid to the insurer on a monthly basis.
4. If the payment of a premium is not received by the insurer within 30 days after the date on which it is due, continued coverage must be terminated.
(Added to NRS by 1987, 2234; A 2009, 2452)
NRS 689B.248 New insurer to provide continued coverage. If an employer changes his or her insurer during a period of a person’s continued coverage, the new insurer shall provide continued coverage for that person for the remainder of the continuation period.
(Added to NRS by 1987, 2234)
NRS 689B.249 Termination of continued coverage before end of period. Continued coverage pursuant to NRS 689B.245 ceases before the end of the period provided in that section if:
1. The employer discontinues group health insurance for the employer’s employees;
2. The employee, spouse or dependent child fails to pay the required premiums;
3. The employee, spouse or dependent child becomes covered under any other policy of group health insurance;
4. The employee or spouse qualifies for Medicare; or
5. The spouse remarries and becomes eligible for coverage under the new spouse’s policy of group health insurance.
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.
