Cal-COBRA extends COBRA-like
benefits (i.e. continuation of coverage) to
employees and dependent spouses and children of firms of
less than 20 employees. For more specific information, click
on the following:
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What are the differences between COBRA and
CAL-COBRA? |
|
COBRA |
Cal-COBRA |
|
Federal Program |
State Program |
|
Applies
to Non-Government Employers With 20 or More
Employees who lose health care coverage under a
group health plan |
Applies
to Non-Government employers of 2-19 Employees
who lose health care coverage under a group
health plan |
|
Must be
enrolled in an employer's health plan at the
time of a qualifying event |
Must be
enrolled in an employer's health plan at the
time of a qualifying event |
|
Qualified Beneficiaries include spouse and
dependent children |
Qualified Beneficiaries include spouse and
dependent children |
|
Employer
must notify employees that benefits are
available within 30 days of a qualifying event |
Employer
must notify employees benefits are available
within 30 days of a qualifying event |
|
Employee
or Qualified Beneficiary must notify the health
plan within 60 days of a Qualifying Event |
Employee
or Qualified Beneficiary must notify the health
plan or the employer within 60 days of a
Qualifying Event |
|
Cost: No
>102% of regular premium for 18 months; No >
150% for subsequent months |
Cost No
> 110% of regular premium for 18 months; No >
150% for subsequent months |
|
Lasts 18
to 36 months, Depending on Qualifying Event |
Lasts 18
to 29 months, Depending on Qualifying Event |
|
Current
COBRA provisions are found in three places: the
Public Health Services Act, 42 U.S.C. ?? 300bb-1
et seq., (group health for public mployees) and
in the Employment Retirement Income Security Act
("ERISA"), 29 U.S.C. ?? 1161 et seq. (group
health for private employees), and the Internal
Revenue Code at 26 U.S.C. ?? 4980B |
Cal-COBRA provisions are found at Cal. Health &
Safety Code ? 1366.20 et seq. |
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|
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The major difference between Cal-COBRA and COBRA
is that the insurance carrier is responsible for
the administration of Cal-COBRA. The employer
is responsible for notifying the carrier of the
qualifying event and the carrier takes it from
there. |
Which
employees and dependents are eligible?
Employees and their dependent spouses and children of these
firms who are enrolled in the employer's employee benefit
plans at the time of a qualifying event (defined below) are
known as ?qualified beneficiaries? and are eligible for
Cal-COBRA, unless the individual:
-
becomes
covered under another group benefit plan which does not
impose any pre-existing condition limitations affecting
the individual;
-
becomes
eligible for federal COBRA;
-
becomes
eligible for Medicare;
-
becomes
eligible for Medi-Cal;
-
fails to
notify the health plan of a qualifying event in the time
specified by the law (generally within 60 days); or
-
fails to
pay their premium on a timely basis
What are ?qualifying
events?
-
The death
of the covered employee;
-
The
termination or reduction of hours of the covered
employee's employment for other than gross misconduct;
-
Their
divorce or legal separation from a covered employee;
-
Their loss
of dependent status by a dependent child; and
-
The covered
employee becoming eligible for Medicare.
How long
does Cal-COBRA coverage last?
That depends in large part on the qualifying event:
-
If the
qualifying event is due to termination of employment or
a reduction in hours, the qualified beneficiary can
maintain Cal-COBRA coverage for at least 18 months
(assuming the qualified beneficiary remains eligible by,
for example, paying premiums on time). If, within 60
days of qualifying for Cal-COBRA due to termination or a
reduction in hours, the qualified beneficiary becomes
disabled and is subsequently determined by the Social
Security Administration to be totally disabled,
Cal-COBRA may be extended for up to another 11 months
(for a total of 29 months).
-
If the
qualifying event is for a reason other than for
termination of employment or a reduction in hours, the
coverage can last for up to 36 months.
-
After
January 1, 1999, employees who are 60 years or older
when they become eligible for Cal-COBRA and have worked
for the employer for at least five years may continue
their coverage even after Cal-COBRA until they turn 65.
Which
benefit plans are covered by Cal-COBRA?
Health, dental and vision plans are covered. However, if a
carrier offers a package of these benefits, it cannot be
required to offer only the dental and/or vision components
under Cal-COBRA.
How much do employers pay for Cal-COBRA coverage?
Under most circumstances, 110 percent of the cost of their
group coverage. However, qualified beneficiaries who are
totally disabled as determined by the Social Security
Administration can continue their coverage up to an
additional 11 months beyond the initial 18 months by paying
150 percent of the premium for the additional 11 months.
How do I notify my carrier of a qualifying event?
Each carrier handles Cal-COBRA notification differently.
Most require you to mail or fax a form to their Cal-COBRA
department. Your administration guide should have the
proper forms and information.