Continuation of Benefits Coverage (COBRA) - North Dakota

Summary of differences between federal and state regulations

Federal COBRA applies to employers who offer group health plans, and have 20 or more employees, but state laws may also apply. Employers may also have to provide continuation of benefits if they adopt plan documents that include COBRA provisions. North Dakota state laws include such provisions as the following:

• Application to all employers.
• Continuation coverage for hospital, surgical, and major medical insurance.
• To be eligible, the participant must have been covered during the three months before termination of coverage.
• Participants must request continuation, in writing, within ten days of termination of coverage.
• Continuation of coverage lasts for up to 39 weeks, up to 36 months for dependent children and former spouses for annulment or divorce.
• Plan must provide continuation of coverage of employees’ dependent children and former spouses.

State

Contact

North Dakota Insurance Department

Regulations

North Dakota Century Code, Ch. 26.1-36, Accident and Health Insurance (See §26.1-36-23 and §26.1-36-23.1)

Federal

Contact

Employee Benefits Security Administration (EBSA)

Regulations

26 CFR 54.4980B-1 et seq.