Many states have enacted “Mini-COBRA” laws that give similar COBRA benefits that the federal law protects. Below is a list of states that have these health insurance continuation laws.
Federal COBRA Benefit
The United States COBRA Act ensures that workers 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 employers with 20 or more workers to notify former employees within 45 days of their right to elect or waive COBRA coverage, if that coverage would end. 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 under limited circumstances up to 36 months.
State Health Care Continuation Laws or Mini-COBRA
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 health insurance 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.
Types Of Businesses Exempt From COBRA
Exempt businesses are some government employers, churches and other non-profits.
Health Insurance Continuation Laws By State
Not all states have laws regarding employee continuation of health insurance benefits. When a state does not have legislation regarding contination of work medical benefits, the federal COBRA Act insures these rights. Learn more about your state.
The COBRA Insurance website helps workers with their insurance options while in-between employers. If you have questions about choosing COBRA, please call our HealthCare.gov Certified Insurance Specialists.
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