Continuation of Benefits Coverage (COBRA) - Minnesota

Summary of differences between federal and state regulations

Minnesota law provides for continuation of benefits for hospital or medical expenses, and HMOs. The law covers all employers (§62A.16).

The law includes the following provisions:

• Plans must allow covered employees who are voluntarily or involuntarily terminated or laid off from employment to elect to continue the coverage for the employees and dependents. The continuation coverage may last up to 18 months, as in COBRA. §62A.17
• Continuation coverage of current spouse and children may continue for up to 36 months, like COBRA, for enrollment in Medicare, and at loss of dependent status. §62A.20
• Upon entry of a valid decree of dissolution of marriage, ex-spouses and dependents coverage must be allowed to continue until the earlier of the date the insured's former spouse becomes covered under any other group health plan; or the date coverage would otherwise terminate under the policy. §62A.21
• After coverage continuation is exhausted, participants have the right to convert to an individual coverage qualified plan without the addition of underwriting restrictions. §62A.65

State

Contact

Minnesota Department of Commerce

Regulations

Minnesota Statutes, Chapter 62A, Accident and health insurance

§62A.16, Scope of certain continuation and conversion requirements.

§62A.17, Termination of or layoff from employment; continuation and conversion rights.

§62A.20, Continuation coverage of current spouse and children.

§62A.21, Continuation and conversion privileges for insured former spouses and children.

Minnesota Statutes, Chapter §62A.65, Individual Market Regulation

Federal

Contact

Employee Benefits Security Administration (EBSA)

Regulations

26 CFR 54.4980B-1 et seq.