New York employers that offer a group health insurance plan are generally required to offer employees, their spouses, and their dependent children mini-COBRA coverage if they have fewer than 20 employees or if the employee, spouse, or dependent child is eligible for less than 36 months’ of federal COBRA coverage. The chart below provides general information on New York law.
| Which employers must offer mini-COBRA under New York law? | All employers that offer a group health insurance plan. |
| Who is eligible for mini-COBRA, and when? | Employees, their spouses, and their dependent children who are not eligible for 36 months of federal COBRA and who fall into the following categories are generally eligible for mini-COBRA:Employees who lose group coverage due to termination of employment, reduction in hours of employment, or loss of membership in a class eligible for coverage.Spouses who lose group coverage due to the employee’s termination of employment, reduction in hours of employment, death, divorce, legal separation, eligibility for Medicare, or loss of membership in a class eligible for coverage.Dependent children who lose group coverage due to a loss of dependent child status under the plan or the employee’s termination of employment, reduction in hours of employment, death, divorce, legal separation, eligibility for Medicare, or loss of membership in a class eligible for coverage. |
| For how long is the employee, the employee’s spouse, or the employee’s dependent child entitled to mini-COBRA? | 36 months. Individuals who are eligible for fewer than 36 months of federal COBRA coverage may elect mini-COBRA coverage at the end of their maximum federal COBRA period, for total continuation coverage of 36 months. |
| Who administers mini-COBRA? | Employers are legally responsible for mini-COBRA administration. However, many employers choose to contract administration out to a third-party administrator (TPA). |
| Who pays for mini-COBRA coverage? | In general, the employee, employee’s spouse, or employee’s dependent child. |
| How much can the plan charge for mini-COBRA coverage? | Up to 102% of the total premium. |
| Is there a notice requirement? | Yes. A notice of continuation coverage must be included in each certificate of coverage. In addition, within 14 days of a mini-COBRA-qualifying event or receiving notice of a mini-COBRA-qualifying event from an employee, the employer must notify qualified beneficiaries of their mini-COBRA rights. |
Additional requirements may apply. For more information, contact the New York State Department of Financial Services.
Please Note: The state laws summaries featured on this site are for general informational purposes only. In addition to state law, certain municipalities may enact legislation that imposes different requirements. State and local laws change frequently and, as such, we cannot guarantee the accuracy or completeness of the information featured in the State Laws section. For more detailed information regarding state or local laws, please contact your state labor department or the appropriate local government agency.