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 Wisconsin mini-COBRA?
Wisconsin mini-COBRA applies to all employer group health plans, except those that cover specified diseases or accidental injuries.
What are the qualifying events?
Wisconsin mini-COBRA qualifying events are similar to federal COBRA. Qualifying events include:
- Termination of employment (except for misconduct)
- Divorce or annulment
- Death of the employee
Continuation coverage generally lasts for 18 months. Coverage may be terminated if the individual does not make payments timely, establishes residence outside of Wisconsin, or becomes eligible for similar coverage under another group health plan.
Who is a qualified beneficiary?
A qualified beneficiary is an individual that is covered by the group health plan for at least three months before a qualifying event.
Are there notice requirements?
Insurers must include a notice of continuation coverage rights in the certificate of coverage. Employers have five days after receiving notice of a qualifying event to provide a written notice of continuation rights. The notice must inform the individual of their right to continuation coverage. It must also tell them how, when, and where to make premium payments.