COBRA Rules by State

Federal COBRA works the same way everywhere. What changes from state to state is what happens when the employer is too small for federal rules to apply.
Most states have their own continuation law, often called mini-COBRA, covering employers below the twenty-employee federal threshold. Those laws differ in ways that matter: how much you can be charged, how long you have to elect, and how long coverage lasts.

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Why the State Matters

Three things change depending on where you live.
• The premium cap. Federal COBRA allows up to 102 percent of the plan cost. State laws vary, and some allow considerably more.
• The election window. Federal COBRA gives you 60 days. Several states give half that.
• How long coverage lasts. Federal COBRA runs 18 to 36 months. State continuation periods range from a few months to the full federal length.
If you worked for an employer with twenty or more staff, federal COBRA applies and your state law usually does not change anything. Below that threshold, your state law is the one that governs.
Does COBRA apply to small employers? →
How federal COBRA works →
Compare average COBRA costs in every state →

State Guides

We are adding these state by state, researching each against that state’s own statute rather than generalising. More to follow.
AlabamaALArizonaAZArkansasARCaliforniaCAColoradoCOConnecticutCTDelawareDEFloridaFLGeorgiaGAIdahoIDIllinoisILIndianaINIowaIAKansasKSKentuckyKYLouisianaLAMaineMEMarylandMDMichiganMIMinnesotaMNMississippiMSMissouriMOMontanaMTNebraskaNENevadaNVNew HampshireNHNew JerseyNJNew YorkNYNorth CarolinaNCNorth DakotaNDOhioOHOklahomaOKOregonORPennsylvaniaPARhode IslandRISouth CarolinaSCSouth DakotaSDTennesseeTNTexasTXUtahUTVermontVTVirginiaVAWashingtonWAWest VirginiaWVWisconsinWIWyomingWY
We are licensed in 46 states. If your state is not listed yet, a licensed agent can still tell you what applies where you live. See our licensing →

Common Questions About State COBRA Rules

Mini-COBRA is the common name for a state continuation law. Most states have one, and they cover employers below the twenty-employee federal threshold. The rules differ from state to state in how much you can be charged, how long you have to elect, and how long coverage lasts.

Federal COBRA applies to employers with twenty or more staff. Below that threshold, federal rules do not apply, and your state's continuation law, if it has one, is what governs.

Federal COBRA works the same way everywhere. State continuation laws vary on three things: the premium cap, the election window, and how long coverage lasts. If your employer had twenty or more staff, federal COBRA applies and state law usually changes nothing. Below that, state law is the one that matters.

Federal COBRA allows up to 102 percent of the plan cost. State laws vary, and some allow considerably more. Your state's guide lists the specific cap where one applies.

Federal COBRA gives you 60 days. Several states give half that, so the deadline can arrive quickly. Check your state's guide for the window that applies to you.

Federal COBRA runs 18 to 36 months depending on the qualifying event. State continuation periods range from a few months to the full federal length.

Count your former employer's staff. Twenty or more, and federal COBRA applies. Fewer than twenty, and your state's continuation law governs. A licensed agent can confirm which rules apply and work out your deadlines.

Guides are being added state by state, each researched against that state's own statute. We are licensed in 46 states, so if yours is not listed, a licensed agent can still tell you what applies where you live.

Not sure which rules apply to you?

A licensed agent can confirm whether federal COBRA or your state law governs, work out your deadlines, and price your alternatives. No cost, no obligation.
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