A Revealing Discussion And Summary About » Florida Employment Law For Employees Along With Similar Studies
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Would I qualify for COBRA coverage in Florida?
About 2 weeks ago I was informed by my employers that because of rising costs in the company they are pushing my employment down from full time (40 hours) to part time (20 hours). I was also told that because of this change my benefits will no longer be renewed and will be allowed to expire. I read that a company with fewer than 20 employees is exempt from supplying COBRA to qualifying employees (Our company is made up of 8 people). I did however read that in some states laws have been passed that require even smaller otherwise exempt companies to supply COBRA coverage?
Would this apply to the state of Florida where I live or am I out of luck?
Florida "Mini-COBRA"
The Florida Health Insurance Coverage Continuation Act (FHICCA), or the Florida Mini-COBRA provision, became effective January 1, 1997. This provision entitles individuals a continuation of coverage, much like the federal COBRA provision, except it is for groups with less than 20 full-time employees. If you have any questions about Florida Mini-COBRA and your health plan, contact the health plan. Highlights of the Mini-COBRA provision include:
An employee, and his/her dependents are eligible for a continuation of coverage of up to 18 months. If an employee is totally disabled, then coverage may be for up to 29 months.
The insurance company or HMO is responsible for the administration of the continuance of coverage rather than the employer. You send your premiums directly to the insurance company.
Premiums paid for continuation of coverage may not exceed 115% of the group rate, and no more than 150% of the group rate during the 11 month disability extension.
An eligible employee must give written notice to the insurance company or HMO within 30 days after the occurrence of the qualifying event, as opposed to 60 days under the federal COBRA provision.
This is a very important point for you to remember:
It is your responsibility (not your employer's) to notify the insurance company within 30 days if you wish to maintain their rights under Florida Mini-COBRA. This is different from the Federal COBRA law.
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