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

State Info

Summary of differences between federal and state regulations

New York law governs continuation coverage for plans that provide group hospital, surgical, or medical benefits. Terminated employees who are not eligible for federal COBRA are entitled to continuation of coverage, without evidence of insurability, and upon application within 60 days of termination or the date the employees are sent notice by first class mail of the right of continuation.

New York 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 Governor's Program Bill #1, which added §3221(m)(7) to the insurance law)

Effective July 1, 2009, coverage may continue for up to 36 months for termination of employment. Eligible dependents may continue coverage for up to 36 months upon the death of the covered employee, or if the employee becomes divorced, eligible for Medicare, or if the dependent reaches the plan’s age limit.

Effective November 2009, if an employee's continuation coverage exhausted between 7/1/09 and 11/1/09 and prior to the group contract's renewal, modification, alteration or amendment, the employee is entitled to a special enrollment period during which the employee or member may extend continuation coverage. The special enrollment period must run for 60 days following receipt of notice, or if notice is not received six months after 11/1/09. This provision expires 7/1/2010. See Chapter 498.