Mini-COBRA Overview
Many states have enacted "mini-COBRA" laws that extend continuation coverage rights to employees of small employers not subject to federal COBRA (fewer than 20 employees). Mini-COBRA laws vary significantly by state — some states require the same 18-month continuation period as federal COBRA; others require shorter periods. Qualifying events and notice requirements also vary.
State Mini-COBRA Examples
| State | Employer Size | Continuation Period | Notes |
|---|---|---|---|
| California | 2–19 employees | 36 months | Cal-COBRA |
| New York | 2–19 employees | 36 months | NY Continuation |
| Texas | 2–19 employees | 9 months | TX Continuation |
| Florida | 2–19 employees | 18 months | FL Continuation |
| Illinois | 2–19 employees | 12 months | IL Continuation |
ERISA Preemption
IQ Insight
Self-funded plans are generally exempt from mini-COBRA laws under ERISA preemption. However, fully insured plans must comply with mini-COBRA laws in states where they apply. If you have a fully insured plan with employees in multiple states, confirm your carrier is administering mini-COBRA in all applicable states.