The Consolidated Omnibus Budget Reconciliation Act (COBRA) is a federal law that allows employees to continue group health coverage after a covered employee experiences a specific qualifying event, such as job loss. Yet, Federal COBRA only applies to employers with 20 or more employees, leaving employees of smaller businesses ineligible for continued coverage.

Fortunately, most states have their own mini-COBRA or Continuation Coverage laws which fill the regulatory void for smaller businesses with 20 or fewer employees. However, because these laws may impose more strict requirements, it is important for employers and employees to be familiar with both their state and federal continued coverage laws.

 The chart below is a general, non-exhaustive comparison of Mini-COBRA laws in New Jersey, New York, Ohio, Vermont, and Pennsylvania to the federal requirements.

Jurisdiction	Size Covered	Duration of Coverage	Qualifying Event	Election Period
Federal COBRA	20+ employees	18 months (job loss); 29 months (disability); 36 months (other events)	Job loss, reduction in hours, divorce/legal separation, death of the covered employee, Medicare eligibility, dependent aging out	60 days to elect after notice of qualifying event
New Jersey	2–50 employees	Up to 18 months (employees); up to 36 months (dependents in certain circumstances); 29 months (if disabled)	Job loss, reduction in hours, death of the covered employee, divorce or legal separation, or a dependent child ceasing to be eligible under the plan.	30 days to elect from the qualifying event
New York	Employers of all sizes	Up to 36 months	Job loss, reduction in hours, death of the covered employee, divorce or legal separation, or a dependent child ceasing to be eligible under the plan.	60 days to elect from qualifying event or notice of qualifying event (whichever is later)
Pennsylvania	2-19 Employees	Up to 9 months	Job loss, reduction in hours, death of the covered employee, divorce or legal separation, or a dependent child ceasing to be eligible under the plan.	30 days to elect after notification
Ohio	Up to 20 employees	Up to 12 months	Involuntary termination without access to other coverage	The earliest of: ·        31 days after previous coverage terminates. ·        10 days after your coverage terminates if previously notified of the right to continue coverage. ·        10 days after notice sent after termination date.
Vermont	Up to 20 employees	Up to 18 months	Job loss, reduction in hours, death of the covered employee, divorce or legal separation, or a dependent child ceasing to be eligible under the plan.	60 days to elect after notification

 

(This blog, prepared by Campanella Law Office, is for general informational purposes only and is not intended to convey specific legal advice, nor is it intended to create or constitute an attorney-client relationship.)