Milonic JavaScript Menu is only visible when JavaScript is enabled
 
DMI home
 
 

Florida's Mini-Cobra Statute -- It's Up to the Employee


Like many states, Florida has a mini-COBRA statute that is designed to ensure continued access to health insurance coverage for employees of small employers (fewer than 20 employees) and their dependents who are not protected by the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). 

A client recently asked us about this statute, which is entitled the Florida Health Insurance Coverage Continuation Act,” and I was surprised to find many web sites that contained misinformation about it.  Under the statute, a qualified beneficiary has 63 days -- not 30, as reported on several web sites -- to notify the insurance carrier of a qualifying event. The insurer then has 14 days to send the beneficiary an election and premium notice form.  The beneficiary then has 30 days to pay the initial premium and elect continuation coverage.  The procedure seems pretty straightforward, provided the employee knows about it.  The statute does not obligate the employer to notify employees of their rights under the statute, though it does require insurers to do so through an "initial notice."  After that, it's up to the employee to know his or her rights.

 

 

 
 
 
 
 

The Florida Employer

Reporting employment and immigration law developments that affect Florida employers.

Search The Florida Employer's blog

« April 2014
SunMonTueWedThuFriSat
  
1
2
3
4
5
6
7
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
   
       
Today
 
Michael W. Casey III, Kevin E. Vance, Mark J. Beutler, and Teresa M. Maestrelli practice labor and employment law, with a particular focus on labor and employment litigation, including Title VII, ADEA, ADA, Florida Civil Rights Act, and whistleblower claims, as well as non-compete litigation, in state and federal trial and appellate courts in Florida and throughout the United States. They also represent employers before the National Labor Relations Board (NLRB), the National Mediation Board (NMB), the U.S. Department of Labor, including the Wage and Hour Division and the Occupational Safety and Health Administration (OSHA), the Equal Employment Opportunity Commission (EEOC), and various state and local agencies, as well as in arbitrations, collective-bargaining negotiations and union representation elections. Hector A. Chichoni practices in the area of US and global immigration law. He chairs Duane Morris's Florida Immigration Practice. The editors of Chambers USA 2010 also selected Mr. Chichoni as a "Leader in the Immigration Field." He has represented a vast number of corporate and individual clients throughout his career ranging from premier US health care organizations, Fortune 100 and Fortune 500 companies, multinational corporations and universities to doctors, professors, researchers and students. His international experience includes handling matters relating to export controls and global corporate compliance and business transactions. He has represented clients in a wide variety of cases before the US Immigration Court.
© 2009- Duane Morris LLP. Duane Morris is a registered service mark of Duane Morris LLP.
The opinions expressed on this blog are those of the author and are not to be construed as legal advice.