Insurers, prior to terminating a group policy for any reason, must notify the employee spouse or dependent in writing of the conversion privilege at least 45 days prior to termination. A notification of the conversion privilege must also be in each certificate of coverage (Sec. 33-16A-14).
Who is eligible for West Virginia Mini COBRA?
Eligibility requirements.- All persons who are eligible for group coverage are eligible for continuation coverage when they are involuntarily laid off (Sec. 33-16-3).
West Virginia Mini COBRA Notice
West Virginia law is silent as to an employer's duty to provide notice of the right to continuation coverage. However, with regard to conversion coverage, insurers, prior to terminating a group policy for any reason, must notify the employee spouse or dependent in writing of the conversion privilege, at least 45 days prior to termination. A notification of the conversion privilege must also be in each certificate of coverage (Sec. 33-16A-14).
West Virginia Mini COBRA Deadlines
West Virginia law is silent as to a deadline for an employee to elect continuation coverage. However, with regard to conversion coverage, a written application and the first premium must be sent to the insurer not later than 31 days after termination of the group policy (Sec. 33-16A-2).
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.
