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FEATURE |
LOUISIANA CONTINUATION < 20 |
FEDERAL COBRA 20+ |
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Notice to Employees |
Employer has
no obligation to notify a terminating employee continuation coverage
rights, although a notice of the continuation privilege must be
included in the certificate of coverage
and the group policyholder must make available the forms on
which employees may elect coverage. |
Employer is required to mail the terminated
employee a COBRA election notice within 44 days of a qualifying event
(assuming the employer is the plan
administrator). Also must notify participants of COBRA
rights upon enrollment in plan. |
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Eligibility |
Employee must have been continuously insured
under the group policy for at least three consecutive months prior to
termination, Eligibility for other coverage within 31 days after
termination precludes continuation eligibility. |
Employee is eligible for COBRA after one day of
coverage on the employer’s group health plan. Eligibility for other
coverage is irrelevant. |
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Qualifying Events |
Per Department of Insurance, only one qualifying
event: the termination of the employee, |
Several qualifying events, including:
termination, reduction in hours, death of employee, divorce,
entitlement to Medicare, and a dependent child ceasing to be a
dependent. |
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Election |
Employee must request continuation in writing
by
the time of termination of employment, |
Qualified beneficiary may elect COBRA up to 60
days from the later of the date notice
was provided or the date coverage would otherwise end. |
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Premium Payment |
Premium due at the time of election
(by last day of employment) and
thereafter on the date designated by the employer. No grace period for
late payments (coverage can be
immediately terminated). Employee must pay 100% of the premium group
rate applicable to the employee’s Coverage. |
Qualified Beneficiaries have
45 days after electing COBRA
to make their first premium payment and have a 30-day grace period for
subsequent premium payments. Total premium may be up to 102% of
premium applicable to the employee’s coverage. |
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Qualified Beneficiaries Who May Elect Coverage
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The entire family unit as it existed prior to termination must be
placed on continuation of coverage |
Any dependent on the group health plan may elect COBRA following a
qualifying event. |
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Duration of Coverage |
Up to 12 months or until the employer terminates
the health plan or changes to another insurer; or until the employee
moves outside the HMO service area, makes his last required
contribution, or becomes eligible for “similar benefits” under another
group health plan (earliest of the above).
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18 months for termination of employment or reduction of hours; 29
months if disabled; 36 months for death, Medicare entitlement,
divorce, or ceasing to be a dependent. |
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Penalties |
No penalty provisions. The continuation requirement is in the LA
Insurance Code, but the Dept of Insurance has no jurisdiction over
employers and has no basis to sanction an employer that does not
provide continuation coverage. |
ERISA allows courts to impose penalties if an employer fails to comply
with COBRA (up to $110 per day). Penalties
are within the discretion of the court. |