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 South Dakota mini-COBRA?
South Dakota mini-COBRA applies to employer group health plans, including self-insured plans, that are delivered or issued in South Dakota.
What are the qualifying events?
South Dakota mini-COBRA qualifying events are similar to federal COBRA. Qualifying events include:
- Termination of employment (other than for gross conduct)
- Death of employee
- Divorce or legal separation
Continuation coverage generally lasts for 18 months. Coverage may be extended to 29 months if the qualified beneficiary is determined to be disabled within the first 60 days of continuation coverage.
Who is a qualified beneficiary?
A qualified beneficiary is an employee covered by the plan for on the day of a qualifying event.
Are there notice requirements?
Insurers must include a notice of continuation coverage rights with the certificate of coverage.