Connecticut

The Connecticut Insurance Department issued Bulletin HC-77, which extends the state continuation to 30 months. This applies to fully insured plans issued in Connecticut, but does not apply to self funded plans. It applies to both small employers plans subject to Connecticut state continuation and larger employers subject to COBRA. It only applies in the event of layoff, reduction of hours, leave of absence, or termination of employment. The extended state continuation does not apply in the event of death of the employee or termination of employment due to gross misconduct. It does apply to both those currently on state or federal (COBRA) continuation and any new elections on or after May 5, 2010.

Click here to view Bulletin HC-77.

District of Columbia

On April 20, 2010, the D.C. Council approved Bill 743, known as "Health Insurance for Dependents Emergency Act of 2010", requires, on an emergency basis, group health plans, individual health plans and health insurers to provide health insurance coverage for dependents under 26 years of age on the same terms that benefits are provided to other covered dependents. The bill, signed into law on April 29, 2010, is only temporary and will expire on July 28, 2010. The definition of "dependent child" is also limited to mean an insured's child by blood or by law who: (1) is under 26 years of age; (2) is unmarried; (3) has no dependent of his or her own; (4) is a D.C. resident or enrolled as a full-time student at an accredited institution of higher education; and (5) is not eligible for another health plan or entitled to Social Security benefits at the time dependent coverage pursuant to the law begins.

Click here to view Bill 203.

Source: Littler Mendelson

Florida

The Florida Office of Insurance Regulation issued Informational Memorandum on May 12, 2010 to notify group health plans and health insurance issuers of the federal legislative changes that will affect both fully insured and self funded health plans. The memo contains a list of the issues which will be occurring the soonest, as well as identifies who is affected.

Click here to learn more.

Illinois

Effective May 17, 2010, employers must permit employees, their spouses, and employees' dependents who are assistance eligible individuals (as defined by federal law) and covered under employers' group health insurance policies on the day before employees' involuntary employment termination to continue coverage for the period of time they are eligible for premium assistance under ARRA.

Click here to learn more.

The Illinois Department of Insurance released on May 5, 2010 the latest in a series of fact sheets about the recently enacted national health reform law, the Patient Protection and Affordable Care Act. The Act will provide immediate benefits to small business owners and the employees of small businesses.

Some reforms will become effective later this year, while others will not become effective until 2014. The bulletin lists brief descriptions and effective dates for some of the most significant reforms affecting small businesses in Illinois. Additional information about the Act is available through the Department's Health Insurance Reform Information Center.

Click here to view the press release.

Click here to view the Small Business Tax Credits Fact Sheet.

Click here to view the Young Adult Dependent Coverage Updated Fact Sheet.

Click here to view the Health Reform Resource Information Center.

Maryland

Douglas Gansler, Maryland Attorney General, issued an opinion letter concluding that Maryland courts are likely to respect the law of other states and recognize a same-sex marriage contracted validly in another jurisdiction even though said marriages are not permitted in Maryland. The opinion letter recognizes that such marriages are prohibited under federal law by the Federal Defense of Marriage Act, and that Maryland state law only permits marriage between one man and one woman. Maryland has previously recognized common law marriages in other jurisdictions even though these marriages are not permitted within the state. A court recognized a Rhode Island marriage between an uncle and niece although such union was prohibited in Maryland.

Click here to view the Attorney General Opinion.

Utah

House Bill 39, in section 31A-22-722.5, provides temporary extensions of the state mini-COBRA coverage for employees who involuntarily lose their jobs to more closely parallel with provisions in the federal American Recovery and Reinvestment Act of 2009 as amended by the Temporary Extension Act of 2010. The same bill, in section 31A-22-725, provides for special enrollment periods similar to HIPAA special enrollment rights already in effect relating to Medicaid and the Children's Health Insurance Program (CHIP). If an employee or dependent loses coverage under Medicaid or a CHIP plan, they have 60 days to request a special enrollment into the group health plan. Enrollment in an employer's group health plan must also be permitted if the employee or dependent becomes eligible for premium assistance from Medicaid or CHIP.

Click here to learn more.

Virginia

HB 554, effective March 1, 2010, extends the state mini-COBRA law for employees of small employers which includes employers with fewer than 50 employees. If an individual is involuntarily terminated from employment during the federal COBRA subsidy time frame, then he or she may be eligible to receive premium assistance. This bill provides for an extension of the state subsidy for the federal subsidy period and any subsequent extensions that are passed.

Click here to learn more.

Washington

Washington State has changed the timeframe for continuing employer-provided health care coverage upon termination from employment. Under House Bill 2521, employees who lose their employer health coverage have 31 days from the date the health plan's coverage ends, or 31 days from the date they are notified of the loss of coverage, whichever is later, to complete an application for conversion coverage.

Click here to learn more.

Source: Littler Mendelson