The provisions of the Florida Health Insurance Coverage Continuation Act (FL Stat. Sec. 627.6692) parallel the federal Consolidated Omnibus Budget Reconciliation Act (COBRA) but apply only to employers with fewer than 20 employees who are not covered by federal requirements. The continuation requirements under Florida law are similar to the federal requirements: 18 months for employees and dependents upon termination of employment or reduction in hours, but only 18 (as opposed to 36) months for spouses and dependents upon divorce, death of the employee, a child ceasing to be a dependent, or the employee becoming entitled to Medicare. Continuation may be extended for an additional 11 months at an increased premium if the individual is disabled at the time of the event initially triggering continuation rights.
Florida's continuation requirements apply to insured small employer health benefit plans that are not covered by federal COBRA. A covered “health benefit plan” is defined as any hospital or medical policy or certificate, hospital or medical service plan contract, or health maintenance organization subscriber contract. The term does not include:
• Accident-only, specified disease, individual hospital indemnity, credit, dental-only, vision-only, Medicare supplement, long-term care, or disability income insurance;
• Similar supplemental plans provided under a separate policy, certificate, or contract of insurance, which cannot duplicate coverage under an underlying health plan and are specifically designed to fill gaps in the underlying health plan, coinsurance, or deductibles;
• Coverage issued as a supplement to liability insurance; workers' compensation, or similar insurance; ...