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 New Hampshire mini-COBRA?
New Hampshire mini-COBRA applies to employer group health, including HMO medical, hospital, dental or surgical benefits coverage.
What are the qualifying events?
New Hampshire mini-COBRA qualifying events are similar to federal COBRA. A qualifying event includes:
- Termination of employment (except for gross misconduct)
- Divorce or legal separation
- Death of the employee
- Change in dependent status
- Disability
- Bankruptcy of the employer
The 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 |
Disability | Individual determined to be disabled within first 60 days of losing coverage | 29 months |
Divorce or legal separation | Spouse and/or dependent child | 36 months |
Bankruptcy | Retirees and dependents | 36 months |
Loss of dependent status | Dependent child | 36 months |
Continuation coverage will lost only 39 weeks if the entire group health plan is terminated.
Who is a qualified beneficiary?
A qualified beneficiary is an employee, spouse or dependent that is covered by the plan on the day before a qualifying event.
Are there notice requirements?
Generally, employers are required to notify qualified beneficiaries of their continuation rights within 30 days after receiving notice of a qualifying event. Qualified beneficiaries typically have 45 days from the date the receive the notice to elect continuation coverage.