Continuation of Benefits Coverage (COBRA) - West Virginia

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 West Virginia law, group health plans are covered. Coverage may be continued for up to 18 months upon involuntary lay off. (§33-16-3)

State

Contact

West Virginia Insurance Commission

Regulations

West Virginia has mini-COBRA provisions for employers with fewer than 20 employees. Coverage continuation runs for up to 18 months.

West Virginia Legislative Rule, Title 114, Series 93

West Virginia Code

Chapter 33 Insurance, Article 16 Group Accident and Sickness Insurance, §33-16-3 Required policy provisions

West Virginia enacted provisions in response to the federal American Recovery and Reinvestment Act of 2009 (P.L. 111-5) in regard to COBRA continuation:

§33-16-3u. Special enrollment period under the American Recovery and Reinvestment Act of 2009.

Federal

Contact

Employee Benefits Security Administration (EBSA)

Regulations

26 CFR 54.4980B-1 et seq.