['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.
Oklahoma provisions apply to all employers who provide hospital, surgical, or medical coverage. Employers may not be the beneficiary.
Effective November 1, 2009, the Oklahoma provisions will also apply to prepaid health plan or health maintenance organization subscriber contracts.
If employees’ coverage is terminated, they and their dependents must remain covered for at least 30 days. If an employee has been covered for at least six months, and the individual employee is terminated or the group itself is terminated, then the termination shall not affect coverage of the insured or his dependents for any continuous loss which began while the insurance was in force. The coverage for the extension of benefits runs for not less than three months for basic coverage, or six months for major medical coverage.
Effective November 1, 2009, these provisions will not apply to coverage subject to federal COBRA rules. Also, the rule will require coverage for 63 days rather than 30 days. Premiums may be charged for this period. The premiums charged must be the premiums which would have been charged for the coverage provided under the group policy or contract had termination not occurred.
If the plan terminates, participants are eligible for conversion to individual policies.
State
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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 SB 553.
Oklahoma Statutes
Title 36 Insurance
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