An employer only has 8-9 employees, so they are not subject to COBRA continuation requirements, yet they have elected to provide these benefits to this one employee (and refer to the benefits as COBRA benefits). The group has certified to the insurance company that they are subject to COBRA. How can the group certify it is subject to COBRA if there are not at least 20 employees?
No. The Federal COBRA Act Is Meant For Employers With 20 Or More Employees
If the business has less than 20 employees they are not subject to the federal COBRA law and are not required to offer continuation of workplace health insurance. However, many states have Mini-COBRA laws that enforce employer continuation of insurance where the business has 19 or fewer employees. Depending on the state you live in, the deadlines and length of time you have for continuing insurance may be different than federal COBRA.