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 Massachusetts mini-COBRA?
Massachusetts mini-COBRA applies to employer group health plans of employers with 2-19 employees.
What are the qualifying events?
Massachusetts mini-COBRA qualifying events are similar to federal COBRA. A qualifying event includes:
- Termination of employment (except for gross misconduct)
- Reduction of hours resulting in a loss of coverage
- Divorce or legal separation
- Death of employee
- Entitlement to Medicare (employee only)
- Loss of dependent status for a dependent child
- Bankruptcy of the employer
Length of continuation coverage depends on the qualifying event.
Qualifying Event | Qualified Beneficiary | Length of Continuation Coverage |
Death of employee | Spouse and/or dependent child | 36 months |
Termination of employment | Employee, spouse, and/or dependent child | 18 months |
Reduction of hours | Employee, spouse, and/or dependent child | 18 months |
Divorce or legal separation | Spouse and/or dependent child | 36 months |
Entitlement to Medicare | Spouse and/or dependent child | 36 months |
Loss of dependent status | Dependent child | 36 months |
Who is a qualified beneficiary?
A qualified beneficiary is an employee, spouse or dependent that is covered one the date of the qualifying event.
Are there notice requirements?
Small group carriers are generally required to provide qualified individuals with a notice of their continuation coverage rights.