Continuation of Benefits Coverage (COBRA) - Georgia

Summary of differences between federal and state regulations

Georgia has laws with provisions for individuals not covered by federal COBRA:

• Georgia covers all employers, not just those with 20 or more employees;
• Coverage continuation for hospital, surgical, and major medical insurance coverage under the plan for the employee and the employees’ eligible dependents;
• Coverage continuation for employees as long as they were covered during the immediately prior six months;
• Coverage may be terminated if the plan participant engaged in fraud;
• Participants with at least 18 months of creditable coverage prior to termination must be provided with coverage comparable to comprehensive health insurance coverage offered in the individual market (“enhanced conversion”);
• Coverage must continue for the fractional policy month remaining, if any, at termination plus three additional policy months.

Georgia has enacted provisions in response to the federal American Recovery and Reinvestment Act of 2009 (P.L. 111-5) in regard to COBRA continuation. See 2009 Ga. ALS 154 (SB 94)

(The above found in §33-24-21.1)

A provision that plan participants coverage otherwise terminates after the expiration of the period of continuation of coverage must be entitled to continue coverage under the plan for themselves and their eligible dependents if the participant was 60 years of age or older as of the date on which the continuation of coverage begins.

A participant must not be entitled to have coverage continued if:

1. Termination of employment is voluntary for other than health reasons;
2. Termination of coverage occurred because the participant was terminated for reasons which would cause a forfeiture of unemployment compensation;
3. Termination of coverage occurred because the participant failed to pay any required contribution;
4. Any discontinued coverage is immediately replaced by similar group coverage; or
5. The plan was terminated.

(The above found in §33-24-21.2)

State

Contact

Georgia Insurance and Safety Fire Commissioner

Regulations

Georgia Code, Title 33

Federal

Contact

Employee Benefits Security Administration (EBSA)

Regulations

26 CFR 54.4980B-1 et seq.