['Employee Benefits']
['Consolidated Omnibus Reconciliation Act (COBRA)']
06/13/2024
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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.
Ohio law applies to all employers, and provides for continuation coverage for hospital, surgical, or major medical insurance. Eligible employees include those who have been continuously covered under a group policy during the entire three-month period preceding the termination of the employee's employment. Employees must also be eligible for unemployment compensation benefits.
Under Ohio law, covered family members have the right to continue such coverage upon the death of the named insured and upon the divorce, the annulment or dissolution of marriage, or the legal separation of the spouse from the named insured.
Continuation coverage lasts for a period of up to six months after the date that the insurance coverage would otherwise terminate by reason of the termination of the employee's employment.
The employer must notify the employee of the right of continuation at the time the employer notifies the employee of the termination of employment. The notice shall inform the employee of the amount of contribution required by the employer. The employee must file a written election of continuation with the employer and pay the employer the first contribution required.
Group plans must also have a provision giving each insured the option to convert to an individual policy.
State
Contact
Regulations
This state 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 Section 3923.38, HB 2 & HB 300
Ohio Revised Code
Title XXXIX Insurance
Chapter 3923 Sickness and Accident Insurance (§§3923.32, 3923.38, and 3923.122)
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