['Employee Benefits']
['Consolidated Omnibus Reconciliation Act (COBRA)']
07/17/2024
Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
...
SEARCH
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. Under Vermont law, all employers are covered. Other state laws approximate federal requirements. State laws include the following provisions:
- Continuation coverage does not apply if the deceased person or terminated employee was not insured under the group policy during the entire three months' period preceding termination; the person is or could be covered by Medicare; the person is or could be covered by any other insured or uninsured arrangement which provides hospital and medical coverage for individuals in a group and under which the person was not covered immediately prior to such termination; or the person has a loss of employment due to misconduct. (§4090a)
- Those electing continuation must notify the insurer, or the policyholder, or the contractor, or agent for the group if the policyholder did not contract for the policy directly with the insurer, of such election in writing within 60 days if the employee or member is deceased, or 30 days if the employee has been terminated, the covered employee becomes divorced or legally separated, or a dependent child ceases to be a dependent child under the generally applicable requirements of the policy, of the date that coverage under the group policy would otherwise terminate, or the date the person is given notice of the right of continuation, whichever is sooner. (§4090b)
- Notice of election to continue under the group policy shall be accompanied by the initial contribution. (§4090b)
- Contributions are due on a monthly basis in advance to the insurer or the insurer's agent, and must not be more than the group rate for the insurance being continued under the group policy on the due date of each payment. (§4090b)
- Continuation terminates upon the occurrence of any of the following: (1) the date six months after the date that insurance under the policy would have terminated due to the death or loss of employment of the employee or member, the divorce or legal separation of the covered employee from the employee's spouse, or a dependent child ceasing to be a dependent child under the generally applicable requirements of the policy of the employee or member; (2) the person fails to make timely payment of the required contribution; (3) the person is or could be covered by Medicare; (4) the date on which the group policy is terminated or, in the case of an employee, the date the decedent's or terminated employee's employer terminates participation under the group policy. (§4090c)
State
Contact
Department of Banking, Insurance, Securities, and Health Care Administration
Regulations
Vermont State Statutes
Title 8 Banking and Insurance
Chapter 107 Health Insurance §4090
§4090a Continuation of group
§4090b Continuation; notice; terms
§4090c Termination of coverage
READ MORESHOW LESS
['Employee Benefits']
['Consolidated Omnibus Reconciliation Act (COBRA)']
Load More
J. J. Keller is the trusted source for DOT / Transportation, OSHA / Workplace Safety, Human Resources, Construction Safety and Hazmat / Hazardous Materials regulation compliance products and services. J. J. Keller helps you increase safety awareness, reduce risk, follow best practices, improve safety training, and stay current with changing regulations.
Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.