How Individual States Handle COBRA Insurance
The United States COBRA Act ensures that workers in the United States have the right to continue their health insurance coverage if their group medical plan would end due to loss of employment or reduction in hours. This law requires private businesses to notify former employees within 45 days of their right to elect or waive COBRA coverage. When continuing coverage is elected, the insurance is restarted and retroactive to the date it had ended. Workers may keep this insurance up to 18 months and in some circumstances up to 36 months.
The law was designed for companies with 20 or more workers. Exempt businesses from COBRA are some government employers, churches and other non-profits. This becomes a challenge in some states for folks losing insurance when they work for a small company. In response, many states have created Mini-COBRA Laws to cover more workers.
State Health Care Continuation Laws
If you had a qualifying event, such as quitting your job, were involuntarily terminated or had hours reduced, you have the legal right to continue your health insurance coverage you had when you were employed. Some states have Mini-Cobra laws that cover more workplace situations, such as companys that employ 19 or fewer workers. Here is a list of employee insurance laws per State.
List Of State’s Insurance Laws
States With Mini-COBRA Laws
The Consolidated Omnibus Budget Reconciliation Act of 1985 is written to allow worker continuing insurance coverage if their employer has 20 or more employees. When it favors qualified beneficiaries, State laws supersede the federal measure. The States that go further than the federal continuation of coverage measure are often referred to as having mini-COBRA laws. Depending on which State you live in, you may be eligible to hold your COBRA insurance longer than 18 months. Some states require insurance continuation when an employer has fewer than twenty employees.
List Of States With Mini-COBRA Laws
- District of Columbia
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Rhode Island
- South Carolina
- South Dakota
- West Virginia