Applies to workers who do not fall under COBRA, continuation coverage generally last for 18 months after group coverage terminates. For dependents, group coverage
may last up to 36 months.
New York’s law does not apply self-insured employers. Employers are required to provide notice to terminated employees in a detailed COBRA letter and with all the recent changes to COBRA, state and federal. Article 32 of the New York Insurance Regulation.
Converting New York Mini COBRA
An employee and dependents whose group coverage terminates because of termination of employment is eligible for conversion, so long as the employee was insured under the group policy for at least three months.
Disability and New York Mini COBRA
People who are designated disabled under by Social Security and who qualify for federal COBRA are eligible for up to 29 months of federal COBRA coverage, and an additional 7 months of state continuation coverage, equaling up to 36 months. Federal law states that these people are responsible for up to 102% of the premium for 1 - 18 months of coverage and up to 150% of the premium for months 19 through 29 of coverage. Under the new law, they would also be responsible for up to 102% of the premium for months 30 through 36 of coverage.
When the New York Mini COBRA does not apply
The NY extension does not apply to contracts that are not subject to New York State laws. State continuation coverage does not apply to self-funded plans, dental-only plans, vision-only plans or prescription-only plans, so cannot be extended to 36 months.
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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