Continuation of Benefits Coverage (COBRA) - Oregon

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.

Oregon provisions apply to all employers who provide hospital or medical plans. Other provisions include the following:

• Plans must provide that surviving spouses may continue coverage indefinitely at the death of the certificate holder, if the surviving spouse is 55 years of age or older at the time of the death.
• The divorced or legally separated spouse may continue coverage indefinitely upon dissolution of marriage or legal separation, and any dependent children whose coverage under the policy otherwise would terminate because of the dissolution of marriage or legal separation, if the divorced or legally separated spouse is 55 years of age or older at the time of the dissolution or legal separation.
• Continued coverage for dental, vision care, or prescription drug expenses must be offered to legally separated, divorced, or surviving spouses and any dependent children eligible if such coverage is or was available to the insured.
• Certificate holders whose coverage under the policy otherwise would terminate because of termination of employment may continue coverage under the policy for themselves and their eligible dependents.
• Continuation of coverage lasts up to six months, except in situations stated above.
• Continuation of coverage is available only to a certificate holder who has been insured continuously for three months prior to the date of the termination of employment.

Oregon has provisions related to the federal COBRA/American Recovery and Reinvestment Act (ARRA), enacted in February 2009 and extended in December 2009.

State

Contact

Oregon Insurance Division

Regulations

Oregon Revised Statutes

Chapter 743 Health and Life Insurance

§743.600, 743.610.

Federal

Contact

Employee Benefits Security Administration (EBSA)

Regulations

26 CFR 54.4980B-1 et seq.