New NYS COBRA Reg?

[Guest cah1082]

We have a current COBRA participant whose initial 18 months of coverage is up at the end of September 2009. She believes she's allowed 36 months of COBRA for: 1) disabled domestic partner (we have nothing on file from the SSA confirming this) and 2) sites a new law enacted in NYS on 7/1/09 stating that everyone is entitled to 36 months of COBRA coverage, no matter what (she gave us this website: http://www.ins.state.ny.us/cobra/cobra_prem.htm)

Does anyone have any further information about this new law?

[GMK]

Remove the ")" from the end of the link and it works:

http://www.ins.state.ny.us/cobra/cobra_prem.htm

(edit:) The coverages under NY state COBRA appear to be available for up to 36 months. I don't know if NY state COBRA coverage is otherwise the same as federal COBRA coverage. In some states, they differ enough (for example, for substitutions) that you have to keep track of both separately, although they can run concurrently.

[rocknrolls2]

The next questions to answer are the following:

(1) is the medical coverage insured?

(2) if (1) is yes, was the contract issued or renewed after July 1, 2009?

(3) if (1) and (2) are both yes, then it would appear to apply. However, if the medical coverage is provided on a self-insured basis, the contract is issued or delivered outside of NYS or the contract is not up for renewal until later, then the answer would be no. If the contract is issued outside NYS, then any state mandates imposed by that state would most likely apply.

[Guest LMPett]

We have a current COBRA participant whose initial 18 months of coverage is up at the end of September 2009. She believes she's allowed 36 months of COBRA for: 1) disabled domestic partner (we have nothing on file from the SSA confirming this) and 2) sites a new law enacted in NYS on 7/1/09 stating that everyone is entitled to 36 months of COBRA coverage, no matter what (she gave us this website: http://www.ins.state.ny.us/cobra/cobra_prem.htm)

Does anyone have any further information about this new law?

Agree with above regarding the NY extension of COBRA (depends on the state the contract was delivered if insured, does not apply if self-insured).

I don't see any situation where a domestic partner would be eligible for 36 months of COBRA due to disability. First, DPs are not covered under federal COBRA laws. Did the carrier agree to offer "COBRA-like" coverage? If yes, was the DP disabled (SSA) within 60 days of the employee's qualifying event? If yes, then the extension is from 18 to 29 months.