North Dakota COBRA (Health Insurance Continuation) laws & HR compliance analysis

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

The federal Consolidated Omnibus Budget Reconciliation Act (COBRA) and North Dakota law both permit employees to continue their group health coverage if they leave the group for certain specified reasons. The state law does not cover self-insured plans. Employees may apply the law that is most favorable to their situation.
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North Dakota's continuation requirements apply to all employers, regardless of size. The law requires group policies issued by any insurance company; nonprofit health service corporation; health maintenance organization; or any other insurer that provides hospital, surgical, or major medical expense insurance to provide that employees whose insurance under the group policy would otherwise terminate because of termination of employment are entitled to 39 weeks of continuation under the group policy for themselves and their eligible dependents (N.D. Cent. Code Sec. 26.1-36-23).
To be eligible for continuation an employee and his or her dependents must have been continuously insured under the group policy and for similar benefits under any group policy that it replaced during the entire three-month period ending with the termination. An employee or dependent who is covered by Medicare or who first becomes covered any other insured or uninsured arrangement that provides group hospital, surgical, or medical coverage after the termination is not eligible for continuation.
Continuation need not include dental, vision care, or prescription drug benefits or any other benefits provided under the group policy other than hospital, surgical, and major medical benefits.
Notice of the continuation privilege must be included in each ...

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