Expanded COBRA Continuation Coverage for Small Firm Employees
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2013
Location State COBRA Expansion? Maximum Duration of Continuation Coverage (months) Rating Restrictions? Percentage of Group Rate
United States 40+DC Yes N/A N/A Alabama No N/A N/A Alaska No N/A N/A Arizona No N/A N/A Arkansas Yes 4 1 California Yes 36 1.1 Colorado Yes 18 1 Connecticut Yes 30 1.02 Delaware Yes 9 1.02 District of Columbia Yes 15 1.02 Florida Yes 18 1.15 Georgia Yes 3 1 Hawaii No N/A N/A Idaho No N/A N/A Illinois Yes 24 1 Indiana No N/A N/A Iowa Yes 9 1 Kansas Yes 18 1 Kentucky Yes 18 1 Louisiana Yes 12 1 Maine Yes 12 1.02 Maryland Yes 18 1.02 Massachusetts Yes 36 1.02 Michigan No N/A N/A Minnesota Yes 36 1.02 Mississippi Yes 12 1 Missouri Yes 18 1.02 Montana No N/A N/A Nebraska Yes 12 1.02 Nevada Yes 36 1.1 New Hampshire Yes 36 1.02 New Jersey Yes 36 1.02 New Mexico Yes 6 1 New York Yes 36 1.02 North Carolina Yes 18 1.02 North Dakota Yes 36 1.02 Ohio Yes 12 1 Oklahoma Yes 6 1 Oregon Yes 9 1 Pennsylvania Yes 9 1.05 Rhode Island Yes 18 1 South Carolina Yes 6 1 South Dakota Yes 36 1.02 Tennessee Yes 15 1 Texas Yes 36 1.02 Utah Yes 12 1.02 Vermont Yes 18 1.02 Virginia No N/A N/A Washington No N/A N/A West Virginia Yes 18 1 Wisconsin Yes 18 1 Wyoming Yes 12 1.02
Notes
State COBRA expansion programs extend coverage to employees of firms with fewer than 20 workers otherwise not covered by COBRA, the federal law. Eligibility rules for state continuation rights may differ from those under the federal law. In addition, protections such as duration and rate restrictions may also differ.
Some states have continuation laws that extend continuation coverage to the time when the individual is eligible for Medicare to certain individuals (generally those that are 55 and older) following certain qualifying events. In addition, in New Mexico, group plans offered through the New Mexico Health Insurance Alliance continue coverage indefinitely.
Sources
Data as of June 1, 2013. Data compiled through review of federal and state laws. Data collection and analysis by researchers at the Center on Health Insurance Reforms, Georgetown University Health Policy Institute.
Definitions
COBRA : Consolidated Omnibus Budget Reconciliation Act of 1985. COBRA amended the Employee Retirement Income Security Act of 1974 to require temporary group continuation health insurance for employees and their dependents. The federal law applies only to employees in firms with 20 or more workers.
Maximum Duration of Continuation Coverage : the maximum length of time for which state continuation coverage is available. Actual duration of state continuation coverage may be less depending on the qualifying event.
Rating Restrictions : Percentage of the Group Rate: Under all state continuation coverage laws, the person electing continuation coverage must pay the entire premium (including both the employee's and employer's share) and, in some states, an administrative fee. The added administrative fee varies from state to state but is typically 2% of the total premium. Similar to the federal COBRA provisions, many states permit insurers to charge much higher premiums (typically 150% of the group rate) for those electing state continuation coverage because of disability. These states are not reflected on the chart.
N/A : Not applicable.