Indiana Health Insurance Continuation (COBRA): What you need to know

The federal Consolidated Omnibus Budget Reconciliation Act (COBRA) permits employees to continue their group health coverage if they leave the group for certain specified reasons. Although many states also require continued coverage, Indiana does not. Indiana did enact a healthcare continuation requirement for employers with 2 to 50 employees (IN Code Sec. 27-8-15-31.1), but that provision has not yet taken effect and will not until the legislature adopts a mechanism to offset the potential financial impact on small employers of implementing the requirement.
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In Indiana, employees' continuation rights are covered solely by federal law.
“Conversion” is the right to convert to an individual policy when membership in the group ends. An employee who converts to an individual policy may have to pay the premiums at the applicable individual rate, but is not required to take a physical examination or to show evidence of insurability. Typically, an employee who converts to an individual policy does so after the expiration of state or federal continuation rights. Indiana has a conversion requirement that applies to “small employers” who, on at least 50 percent of the working days during the preceding calendar year, employed at least 2 but not more than 50 “eligible employees,” the majority of whom worked in Indiana. An eligible employee is an employee who is employed to work at least 30 hours per week and who and has satisfied the waiting period required by the employer for health coverage eligibility.
The law requires that an individual who has been covered for 90 days under a small employer plan and who loses coverage due to termination of employment, reduction of hours, marriage dissolution, or ...

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