Most employers are familiar with the federal COBRA law. However, many may not be aware that most states have also passed their own version of COBRA, popularly called mini-COBRA laws. While many of these laws are similar to federal COBRA, there can be important differences.
What employers have to comply with Florida mini-COBRA?
Florida mini-COBRA applies to employers with one to 19 employees that are not covered by federal COBRA. The law applies to all employer group health plans.
What are the qualifying events?
Florida mini-COBRA qualifying events are similar to federal COBRA. A qualifying event includes:
- Termination of employment (except for gross misconduct)
- Reduction of hours causing a loss in coverage
- Death of the employee
- Divorce or legal separation
- Dependent child ceasing to be a dependent
- Loss of retiree coverage within one year before or after the start of an employer bankruptcy proceeding
Coverage typically lasts for 18 months. If a qualified beneficiary is disabled at the time of the qualifying event, coverage may be extended to 29 months.
Who is a qualified beneficiary?
A qualified beneficiary is an employee and their covered dependents covered under the plan the day before experiencing a qualifying event.
Are there notice requirements?
Insurers must provide an initial notice of continuation rights. Qualified beneficiaries must notify insurers within 63 days of a qualifying event. The insurer will then provide an election and premium notice.