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.
