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.
Arkansas:The Arkansas HIPPA Act 997 of 1997 requires employers with 2-19 employees to offer COBRA for 4 months
California: Cal-COBRA requires every group health plan contract
providing health and disability coverage to small employers with 2 to 19 eligible employees
Connecticut: Public Act 97-268 mirrors federal law, with the exception of giving disabled individuals continuation benefits for 29 months, instead of the 36 months.
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.
Delaware: Delaware does not have a state
continuation coverage requirement
District of Columbia:
Law does not require employers to provide continuation or conversion coverage.
Florida: The
Florida Health Insurance Coverage Continuation Act requires insurance companies to offer an 18-month
continuation for groups of 2-19. However, the employee must request the extension within 30
days of termination.
Georgia: Georgia Continuation for employers that have less than 20 employees. This coverage is a continuation of your previous coverage that lasts for the remaining days in the month that you lose your coverage and then for 3 full months. In order to qualify you must have had coverage under the policy for at least 6 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.
Indiana: If you were denied coverage, "Comprehensive Health Insurance" for State residents, law
IC 27-8-10
Iowa: Iowa Code
Chapter 509B 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.
Kansas: Plans with 2-19 employees can qualify for 9 months.
Kentucky: Plans with 2-19 employees can qualify for 18 months.
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.
Maine: Plans with 2-19 employees can qualify for 12 months.
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.
Massachusetts:
Consumer service
page on COBRA. 1-617-521-7777. Employers contact Regulated Industries Division 1-617-727-2200. Plans with 2-19 employees can qualify for 18 months.
Minnesota: Plans with 2-19 employees can qualify for 18 months.
Mississippi: Plans with 2-19 employees can qualify for 12 months.
Missouri: Missouri Revised
Statute Chapter 376 Section 376.428 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.
Nebraska: Plans with 2-19 employees can qualify for 6 months.
New Hampshire: State health insurance
bulletin. 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.
New Mexico: Plans with 2-19 employees can qualify for 6 months.
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.
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.
North Carolina Plans with 2-19 employees can qualify for 18 months.
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.
Oregon: Plans with 2-19 employees can qualify for 6 months.
Pennsylvania: Plans with 2-19 employees can qualify for 18 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.
Tennessee: Plans with 2-19 employees can qualify for 3 months.
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.
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: 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. See Title 32. Labor, Chapter 7A. Health Coverage Continuation, § 32-731. Definitions.
West Virginia: Plans with 2-19 employees can qualify for 18 months.
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.
Wyoming Plans with 2-19 employees can qualify for 12 months.
