Under a law in the state of New York passed July 29, 2009, employees and their dependents who are eligible for federal COBRA coverage in fully insured medical plans which are issued in New York State may now have their medical coverage continued for up to 36 months. Specifically, the law (Chapter 236 of the Laws of 2009) applies to fully insured medical insurance policies or contracts which are issued, renewed, modified, altered, or amended on or after July 1, 2009. In most cases, this means the law applies to the medical insurance policies of employees and dependents whose employer is headquartered in New York State and goes into effect on the policy's annual renewal date.
Prior to this state law, the period of continuation depended on the reason for the loss of coverage. If the reason for the loss of coverage was the employee's termination of employment or a reduction in hours, the employee and any eligible dependents would be allowed to continue under the employer's group health plan for up to 18 months. Under this law, these employees will be eligible for the same 18 months of continuation under COBRA and an additional 18 months of continuation of their medical coverage only under NY state law for a total of 36 months continuation for their medical coverage.
For additional information regarding New York State continuation and your eligibility, please visit http://www.ins.state.ny.us/cobra/cobra_ext_36.htm or contact your insurance carrier.