Continuation of Benefits Coverage (COBRA) - Arkansas

Summary of differences between federal and state regulations

The state laws are called out below, and represent where the state goes beyond the federal requirements under federal COBRA.

State

Contact

Arkansas Insurance Department

Regulations

Group accident and health insurance - Continuation of coverage beyond termination of employment, change in marital status, etc. §23-86-114.

Continuation of coverage shall be available only to individuals who have been insured continuously under the group policy during the three-month period prior to the termination of employment membership or change in marital status.

The continued coverage need not include benefits for dental care, vision services, or prescription drug expenses.

Continuation of coverage shall end upon the earliest of the following dates:

• One hundred twenty days after continuation of coverage began;
• The end of the period for which the individual made a timely contribution;
• The contribution due date following the date the individual becomes eligible for Medicare; or
• The date on which the policy is terminated or the group withdraws from the plan. However, if the group policy is replaced, continuation shall continue under the new coverage.

The law is not applicable to health care plans in which the employer is self-insured.

Group accident and health insurance - Entitlement to conversion policy upon termination of group policy. §23-86-115

Employees or covered dependents whose insurance under the group policy has been terminated for any reason, including the discontinuance of the group policy in its entirety, are entitled to have issued to them a policy of accident and health insurance.

Unless the termination was a result of the employee’s failure to pay any required contribution or if the terminated policy is replaced by similar coverage within 31 days.

Not applicable to self-insured plans.

Federal

Contact

Employee Benefits Security Administration (EBSA)

Regulations

26 CFR 54.4980B-1 et seq.