Minnesota has adopted requirements that employees and their covered spouse and/or dependent child(ren) be provided continued coverage under certain employer sponsored group health plans. The Minnesota provisions are similar to the Federal "COBRA" requirements listed below but they are not the same. They apply to group insurance policies, subscriber contracts and to health maintenance organizations (HMO) coverages in Minnesota. However, the Minnesota continuation requirements do not apply to self-insured group health plans, including medical expense plans (unless sponsored by Minnesota state/local governmental employer). In addition, the Minnesota requirements do not have a twenty employee threshold.
The areas in which Minnesota law differs from COBRA include the following:
- When the qualifying event is the death of a covered employee the Minnesota Continuation law allows a covered spouse and/or dependent child(ren) to continue medical coverage until coverage is obtained under another group health plan or until coverage would otherwise end under the plan.
- When the qualifying event is the covered employee's divorce or legal separation and you notify your employer in a timely fashion, the Minnesota Continuation law allows a covered spouse and/or dependent child(ren) to continue medical coverage until coverage is obtained under another group health plan, Medicare or until coverage would otherwise end under the plan.
- If you (the covered employee) become totally disabled while still employed and your employment ends because of your disability, Minnesota law prohibits your employer from discontinuing participation in group medical coverage for you and all of your covered family members for the entire period of time for which you (the covered employee) is totally disabled.
- If you (the covered employee) become enrolled in Medicare, your covered spouse and dependent children may elect to continue medical coverage until coverage would otherwise end under the plan, until coverage is obtained under another group health plan or Medicare, or the date which is 36 months after continuation was elected.
In each of the above situations, state continuation coverage is more generous than Federal "COBRA" coverage. For additional information about your rights and obligations under the Plan and under Minnesota law, you should review the benefit documents for the group health benefit programs or contact your plan administrator (usually your former employer). For additional information on Minnesota Continuation laws please refer to the Minnesota Department of Health's website, click on "Health Care and Coverage (insurance)" and then click on "How to continue your health care coverage (COBRA)".
Under Minnesota Law, if you were an employee covered under your employer's group life insurance policy, you have the right to continue life insurance coverage for you and your dependents if you are no longer eligible for coverage under the group life insurance policy because your employment terminates or you experience a reduction in hours. This may not apply in cases where termination of employment was due to gross misconduct.
The law authorizes you to maintain your group life insurance benefits, in an amount equal to the amount of insurance in effect on the date you were terminated or experienced the reduction in hours, until you obtain coverage under another group policy, or for a period of eighteen (18) months, whichever is shorter. To do so, you must complete and return the enrollment form within 60 days of the later of the date your coverage would end, or the date of this notice.
The total premiums due are shown on the Enrollment Form. You should pay the total premium due at the time you send in the Enrollment Form, in order to complete your enrollment; however, you are allowed to delay the premium payment for up to forty-five days after you have dated and submitted your Enrollment Form.
Future premiums are due each month thereafter, and should be mailed on or before the due date. Failure to pay premiums by the due date will result in the termination of your life insurance continuation.
