Federal & State Regulations | Continuation of Benefits Coverage (COBRA) - Maryland

State Info

Summary of differences between federal and state regulations

Under Maryland Insurance Code, continuation coverage for surviving spouses and dependent children begins on the date of the death of the insured and ends on the earliest of the following (§15-407):

18 months after the date of the death of the insured,
The date on which the qualified secondary beneficiary fails to make timely payment,
The date on which the qualified secondary beneficiary becomes eligible for hospital, medical, or surgical benefits under an insured or self-insured group health benefit program or plan,
The date on which the qualified secondary beneficiary becomes entitled to benefits under Title XVIII of the Social Security Act,
The date on which the qualified secondary beneficiary accepts hospital, medical, or surgical coverage under a nongroup contract or policy that is written on an expense-incurred basis or is with a health maintenance organization,
The date on which the qualified secondary beneficiary elects to terminate coverage under the group contract;
The date on which the employer ceases to provide benefits to its employees under a group contract; or
For an individual who is a qualified secondary beneficiary by reason of having been a dependent child, the date on which the individual would no longer be covered under the group contract if the insured had not died.

Continuation coverage for divorced spouses and dependent children is to begin on the date of the change in status and end on the earliest of the following (§15-408):

The date on which the qualified secondary beneficiary becomes eligible for hospital, medical, or surgical benefits under an insured or self-insured group health benefit program or plan, other than the group contract, that is written on an expense-incurred basis or is with a health maintenance organization;
The date on which the qualified secondary beneficiary becomes entitled to benefits under Title XVIII of the Social Security Act;
The date on which the qualified secondary beneficiary accepts hospital, medical, or surgical coverage under a nongroup contract or policy that is written on an expense-incurred basis or is with a health maintenance organization;
The date on which the qualified secondary beneficiary elects to terminate coverage under the group contract;
For an individual who is a qualified secondary beneficiary by reason of having been a dependent child, the date on which the individual would no longer be covered under the group contract if there had not been a change in status; or
For an individual who is a qualified secondary beneficiary by reason of having been the insured's spouse, the date on which the individual remarries.

Continuation coverage for involuntarily terminated employees shall begin on the date of the change in status and end on the earliest of the following (§15-409):

18 months after the date of the change in status;
The date on which the insured fails to make timely payment;
The date on which the insured becomes eligible for hospital, medical, or surgical benefits under an insured or self-insured group health benefit program or plan, other than the group contract, that is written on an expense-incurred basis or is with a health maintenance organization;
The date on which the insured becomes entitled to benefits under Title XVIII of the Social Security Act;
The date on which the insured accepts hospital, medical, or surgical coverage under a nongroup contract or policy that is written on an expense-incurred basis or is with a health maintenance organization;
The date on which the insured elects to terminate coverage under the group contract; or
The date on which the employer ceases to provide benefits to its employees under a group contract.

The following link provides a chart indicating a comparison of federal COBRA for Maryland provisions:

http://msa.maryland.gov/msa/mdmanual/25ind/html/47insur.html