The David Fluker Health Insurance Agency
Gilroy, California
CA Lic #0B58920

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Cal COBRA
California Mini-COBRA Continuation &
State-by-State Mini-COBRA Listings
Federal COBRA provides the option for continuation of group health coverage upon termination of active employment.  Federal COBRA applies to any group with 20 or more employees for at least one half of the previous calendar year.

For those employers in California who fall below the federal employee population level, Cal-COBRA is available for continuation on the state level for groups with 2-19 employees.

What is Cal-COBRA?

Cal-COBRA is California's state mini-COBRA program.  It applies to groups between 2-19 employees and provides an option for continuation just like federal COBRA.

Is Cal-COBRA private insurance that I have to buy?

No.  You canot buy a private policy under Cal-COBRA.  Like federal COBRA, Cal-COBRA is a continuation option that allows a beneficiary to stay on the employer's group health plan and pay the premium.

How long is Cal-COBRA?

Cal-COBRA is 36 months of continuation. 

How much do I have to pay on Cal-COBRA?

Cal-COBRA premiums are calculated at 110% of the standard cost, which is higher than federal COBRA at 102%.  If you are on Cal-COBRA, you would be required to pay your entire cost (no more employer contribution) plus 10% administrative cost.

Do I go through a COBRA administrator like federal COBRA?

No.  Cal-COBRA is done directly with the health insurance carrier.  You will work and pay your premiums directly to the carrier.  There is no third party administration for Cal-COBRA.

If I am elect Cal-COBRA, can I get the 65% subsidy?

Yes.  Part of the recent ARRA legislation requires state mini-COBRA programs to provide this subsidy for 9 months, just like federal COBRA.  However, in the case of Cal-COBRA, the subsidy will be paid by the health insurance company, not the employer.  Only the health insurance carrier can take the tax credit for that premium subsidy.

Why 36 months and not just 18 months like federal COBRA?

AB 1401 provided for an extension and expansion of Cal-COBRA coverage in California.  Essentially, all qualifying plans allow for a full 36-month option, regardless of the qualifying event.  Federal COBRA does allow for 36 months, however it must be because of certain qualifying events (divorce, death, loss of dependent status).  California under AB 1401 did away with that on the Cal-COBRA and provided a standard 36 months of covearge

I was told after my 18 months of COBRA, I can get another 18 months under Cal-COBRA?

Yes, and no.  AB 1401 in part provides for the extension of continuation under Cal-COBRA for an extra 18 months (to total 36 months) upon exhaustion of federal COBRA.  This applies to companies of any size above 20 employees. However, there are some restrictions with regard to the extension that may or may not have and effect on a person's ability to elect the extension.

*Self-Insured/Self-Funded Group Plans are exempt
*Non-domiciled Group plans are exempt
*National PPO plans (non domiciled) are exempt (Aetna, Cigna, UHC)

So, if you are covered under a fully-insured California domiciled health plan, you will likely be eligible for the extension.  If you are covered under a self-funded plan or a carrier domiciled in another state, you likely will not be eligible for the extension.

Can employees in other states get the Cal-COBRA extension?

Yes.  Employees working for a California domiciled employer who provides a fully-insured California health plan can be eligible for the Cal-COBRA extension, even if they work in another state.


Federal COBRA continuation is available to employees who leave groups which contain 20 or more employees. For groups under 20 employees, many states have created "mini-COBRA" programs to allow terminating employees to remain covered by the group health plan.

The table below shows those states which currently offer mini-COBRA continuation coverage, the group size effected, and the length of time that that state mini-COBRA program covers the former employee and their family. 40 states currently offer mini-COBRA benefits.

Please note that I cannot assist you with any Mini COBRA programs or information outside of California.  If you have questions regarding Mini COBRA plans in states other than California, they are best directed to your group health insurance carrier or broker.
David J. Fluker, Licensed Life & Health Insurance Agent. California State License # 0B58920
Authorized Independent Agent Serving California Residents.
Web Site ©1999 - 2009 by David Fluker - The David J. Fluker Insurance Agency. All Rights Reserved.

State
Firm Size Covered Length of Program
Arkansas 2-19 4 Months
California 2-19 36 Months
Colorado 2-19 18 Months
Connecticut 2-19 18 Months*
Florida 2-19 18 Months
Georgia 2-19 3 Months
Illinois 2-19 9 Months
Iowa 2-19 9 Months
Kansas 2-19 6 Months
Kentucky 2-19 18 Months
Louisiana 2-19 12 Months
Maine 2-19 12 Months
Maryland 2-19 18 Months
Massachusetts 2-19 18 Months*
Minnesota 2-19 18 Months
Mississippi 2-19 12 Months
Missouri 2-19 9 Months
Nebraska 2-19 6 Months**
Nevada 2-19 18 Months*
New Hampshire 2-19 18 Months
New Jersey 2-19 18 Months
New Mexico 2-19 6 Months
New York 2-19 18 Months*
North Carolina 2-19 18 Months
North Dakota 2-19 39 Weeks
Ohio 10-19 6 Months
Oklahoma 2-19 1 Month
Oregon 2-19 6 Months
Pennsylvania 2-19 Pending Approval
Rhode Island 2-19 18 Months
South Carolina 2-19 6 Months
South Dakota 2-19 18 Months*
Tennessee 2-19 3 Months
Texas 2-19 6 Months
Utah 2-19 6 Months
Vermont 2-19 6 Months
Virginia 2-19 9 Months
Washington DC 2-19 9 Months
West Virginia 2-19 18 Months
Wisconsin 2-19 18 Months
Wyoming 2-19 12 Months
Source: Kaiser Family Foundation

This information is intended to be as accurate as possible. However, state mini-COBRA programs can and do change periodically. Please consult your state's Department of Labor for the most accurate and current rules regarding state mini-COBRA benefits
* In some cases can be extended to 36 months

** In some cases can be extended to 12 months
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