We know the COBRA regulations can be confusing for both employers and former employers. You are not alone, help is on our
user board.
State COBRA Law Directory
Some states have enacted "mini" COBRA laws similar to the federal one. I have found the
federal government more helpful in contacting employers. For federal issues, group health plans are governed by ERISA which requires plans have written rules outlining how workers become entitled to benefits.
This turned from a small project into a big one, simple because there is so much material connectecd to COBRA, namley, State codes, medicare and high risk pools.
(updated 08/2010)
Alabama:There is no
Alabama mini COBRA law as of yet.
Alaska:There is no
Alaska mini COBRA law as of yet.
Arizona:There is no
Arizona mini COBRA law as of yet.
Arkansas:The
Arkansas mini COBRA law requires employers with 2-19 employees to offer COBRA for 4 months. Title 23, Chapter 86 (Section 23-86-114, 23-86-115, 23-86-116).
California: Cal-COBRA requires every group health plan contract
providing health and disability coverage to small employers with 2 to 19 eligible employees. California Health and Safety Code Section 1363.06 enforced by the Department of Managed Health Care. California Insurance Code Section 10128.50 - 10128.59, California Continuation Benefits Replacement Act enforced by the California Department of Insurance (depending if your group coverage is an HMO).
Connecticut: As of May 5, 2010, new legislation, extends to a maximum of 30 months (from 18 months)
Connecticut’s COBRA continuation coverage requirements for employees and their dependents who have a COBRA qualifying event. House Bill 6266, Public Act 97-268, Public Act 10-13 enforced by the Connecticut Insurance Department.
Colorado:The
Colorado Continuation/Conversion plan applies to employees of any employer group policy where COBRA doesn’t apply. Colorado Continuation may continue for a maximum period of 18 months or until the covered participant becomes eligible for other group coverage. Colorado Revised Statutes 10-16-108 enforced by the Colorado Division of Insurance.
Delaware: There is no
Delaware mini COBRA law as of yet.
Florida: The
Florida Mini Cobra Law, entitles individuals a continuation of coverage for groups with 2-19 full-time employees. Eligible participants must request the extension within 30 days of termination. Florida Statute Title XXXVII Chapter 627.6692 Florida Health Insurance Coverage Continuation Act (FHICCA).
Georgia: The
Georgia Mini Cobra Law requires employers with 2-19 employees to offer COBRA continuation coverage. It lasts for the remaining days in the month that you lose your coverage plus 3 more full months. To qualify you must have been enrolled for at least 6 months. If the employee was fired "for cause," they don't have to be offered COBRA continuation coverage. Code of Georgia Annotated Title 33, Chapter 24, Sections 33-24-21.1 and 33-24-21.2.
Hawaii: There is no
Hawaiian mini COBRA law as of yet. However if you can't work because you are sick, you can have your insurance coverage continued for 3 months. Hawaii Revised Statutes §393-15 enforced by the Department of Commerce & Consumer Affairs (DCCA).
Idaho: There is no
Idaho mini COBRA law as of yet. However if you can't work because you are sick, you can have your insurance coverage continued for 3 months.
Illinois: According to
Illinois Health Insurance Continuation Rights Law (Revised
December 2003), Plans with 2-19 employees can qualify for 9 months. Dependents can qualify for 2 years. Illinois Insurance Code 215 ILCS 5/367e. 367.2 for spouses. 367.2-5 for dependents.
Indiana: If you were denied coverage, "Comprehensive Health Insurance" for State residents, law
IC 27-8-10
Iowa: Iowa Code
Chapter 509B.3 and
Regulation 29 provide for continuation and conversion of group insurance. the provisions are not identical to Federal Cobra. For high risk applicants, consider the Iowa Comprehensive Health Association. Employer plans of from 2-19 participants can qualify for 9 months. Iowa Statute Title XII Chapter 509B.
Kansas: Plans with 2-19 employees can qualify for 9 months. Kansas Continuation Law, K.S.A. 40-2209(i)
enforced by the Kansas Insurance Department.
Kentucky: Plans with 2-19 employees can qualify for 18 months. Kentucky Rev. Stat. § 304.18-110.
Louisiana: Louisiana passed Regulation 68, a "mini-COBRA" state law that provides similar coverage for many people not included
under the federal COBRA law. Plans with 2-19 employees can qualify for 12 months. This high risk pool is called the
Louisiana Health Insurance
Association. Louisiana Revised Statute 22:215.13.
Maine: Plans with 2-19 employees can qualify for 12 months. Statute 24-A,Chapter 36 of the Maine Continuity of Health Insurance Coverage regulation.
Maryland: Plans with 2-19 employees can qualify for up to 18 months if the employee is terminated without cause. Employees terminated for cause are entitled to receive 6 months of continuation coverage. Must have been covered under the group contract and been employed for 3 months. All employers in Maryland who offer group health insurance are required to offer conversion coverage to their employees without providing evidence of insurability. There are no limits on premiums charged and benefits may be severaly limited. Enforced by the Maryland Insurance Administration. Title 31 of the Maryland Insurance Administration, Chapter 4.
Massachusetts:
Consumer service
page on COBRA. 1-617-521-7777. Plans with 2-19 employees can qualify for 18 months. Employers contact Regulated Industries Division 1-617-727-2200. Chapter 176, Section 9 of 22.
Michigan: There is no
Michigan mini COBRA law as of yet.
Minnesota: Plans with 2-19 employees can qualify for 18 months. Minnesota Statutes Chapter 62A-17
Mississippi: Plans with 2-19 employees can qualify for 12 months. Insurance Code 83-9-51 of 1972.
Missouri: Group health policies to continue for a period of time after termination of employment. This
applies to employees employed by an employer with less than 20 employees.and allows an
employee to continue his group health coverage for 9 months. Missouri Revised
Statute Chapter 376 Section 376.428
Montana: There is no
Montana mini COBRA law as of yet.
Nebraska: Plans with 2-19 employees can qualify for 6 months.
New Hampshire: State health insurance
bulletin. Chapter 415 of the New Hampshire Title 37 enforced by the NH Department of Labor, 1-603-271-3176.
Email Form
New Jersey: Since 2005, plans with 2-50 eligible employees can qualify for up to 18 months, and with passage of, also now covers a spouse and dependent children in the event of the death of the employee, divorce, or a child ceasing to be an eligible
dependent.
Employers responsibilities fact sheet page, the
NJ COBRA notice. P.L.2004, c.162 now permit an employer to charge up to 150 percent of the
premium for months 19 through 29 if the employee is determined to have been disabled under
the Social Security Act. New Jersey State continuation applys to church plans also.
Email questions, or call 1-609-292-7524. Reg Chapter 17B, Section 27-60
Nevada: NRS 689B.245 Required provision concerning continuation of coverage. along side NRS 689B.246 Notice of eligibility or election to continue coverage, and NRS 689B.249 Termination of continued coverage before end of period. Plans with 2-19 employees can qualify for 18 months.
New Mexico: Plans with 2-19 employees can qualify for 6 months. Title 13, Chapter 10, Part 11.31. http://www.nmcpr.state.nm.us/nmac/parts/title13/13.010.0011.pdf
New York: Guaranteed issue law that require insurers to cover anyone who applies, and plans with 2-19 employees can qualify for 18 months anyway. Article 32 of the New York Insurance Regulation.
North Carolina Plans with 2-19 employees can qualify for 18 months. Article 53 of Chapter 58 of North Carolina General Statutes.
North Dakota: Plans with 2-19 employees can qualify for 39 weeks. 26.1-36-23. Continuation of group hospital, surgical, and major medical coverage
after termination of employment or membership. A group policy or certificate of insurance or
certificate on a master policy of a group as defined by subsection 6 of section 26.1-02-05
Ohio: Employees must be terminated from employment involuntarily, have had three months of prior continuous coverage, and be eligible for Unemployment Compensation. Section 3923.38, Ohio Revised Code Titled: Employee's privilege to continue coverage upon termination of
employment.
Oklahoma: Plans with 2-19 employees can qualify for 1 month. Oklahoma Statute Title 36, Chapter 1, Article 45.
Oregon: Plans with 2-19 employees can qualify for 6 months.
Pennsylvania: On June 10, 2009, The
Pennsylvania mini COBRA law required plans with 2-19 to offer eligible individuals continuation of their group plan medical benefits
coverage (at their own cost) for up to nine months.
Rhode Island: Plans with 2-19 employees can qualify for 18 months.
South Carolina: Plans with 2-19 employees can qualify for 6 months. A second COBRA election period may be available for TAA (trade dislocated worker) eligible people who
did not elect COBRA when it was first offered.
South Dakota: Plans with 2-19 employees can qualify for 18 months. Chapter 18C of Title 58.
Tennessee: Plans with 2-19 employees can qualify for 3 months. Chapter 7 of Title 56 - Tennessee Cobra Regulations.
Texas: Employers with 2-19 employees can qualify for 6 months.
Utah: Plans with 2-19 employees can qualify for 6 months.Individual and Small Employer Health Insurance Act
Vermont: Plans with 2-19 employees can qualify for 6 months. Chapter 107 of Title 8.
Virginia: The employer can choose between offering 90 days of continuation coverage under the current group policy rate or conversion to an individual policy.
Washington DC:
Washington DC's mini COBRA law extends health insurance benefits for eligible members of a small employer with fewer than 20 employees for a period of three months following the loss of health insurance coverage. Eligible employees pay the full price of their health insurance and the cost may not exceed 102 percent of the group rate. Title 32. Labor, Chapter 7A. Health Coverage Continuation, § 32-731. Definitions.
Washington State:In Washington, insurers are required to offer employers the option of having a continuation coverage provision. But the employers don't have to accept and no continuation coverage is not mandated in group health insurance policies. So there is no Washington mini COBRA law as of yet.
West Virginia: Plans with 2-19 employees can qualify for 18 months. Article 16 of Chapter 33 of the West Virginia Insurance Code.
Wisconsin: Plans with 2-19 employees can qualify for 18 months. Contact the Small Employer Health
Insurance Task Force. They have a consumer complaint form. Email or 800-236-8517. Reg 632.897 Wisconsin Continuation Law.
Wyoming Plans with 2-19 employees can qualify for 12 months.
