Last June, the State of New York enacted a statute, amending section 3221(m) of the New York Insurance Law, that lengthens continuation health coverage to 36 months.
As a result, group insurers to which New York insurance law applies are required to offer continuation health coverage on termination of employment for 36 months, notwithstanding that the federal COBRA law mandates such coverage for only 18 months.
A November 2009 amendment to NY law renders this change (lengthening continuation coverage to 36 months) effective as of the earlier of: (i) November 1, 2009 or (ii) renewal of the insurance policy occurring on or after July 1, 2009. Below is a link to the November 2009 amendment. http://open.nysenate.gov/openleg/api/html/bill/S66006
About the Author David S. Rich is the founding member of the Law Offices of David S. Rich, LLC,
a New York Employment and Business Litigation Law Firm, in New
York City and in Englewood Cliffs, New Jersey...Read more