State Continuation Election Notice (Mini-COBRA)

Informs individuals of their right to elect continuation coverage under state law after a qualifying event, similar to federal COBRA but with rules that vary by state.

See the Step-by-Step ProcessView Model Notice
Watch out: The most common miss on this notice isn't the content, it's assuming the carrier handled it. Some states put the obligation on the carrier; others put it squarely on the employer. Confirm sender responsibility with your carrier in writing before a qualifying event occurs, not after.

Prefer not to do it yourself? ABY can help.

State continuation rules vary by state and are easy to get wrong alongside, or instead of, federal COBRA. ABY can administer state continuation so the right notices go out on time.

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What State continuation election notice ("mini-COBRA") advising eligible individuals of the right to continue group health coverage after a qualifying event.
Who Typically employers below federal COBRA size thresholds (such as fewer than 20 employees) and their eligible employees/dependents; exact applicability varies by state.
When Within the state-specified window after the qualifying event or loss of coverage.
Risk State penalties, private claims, and possible liability for medical claims if continuation should have been offered but wasn't.
Trigger Timing Who Sends Notes
Qualifying event (such as termination, reduction in hours) Within X days of event or loss of coverage (state-specific) Employer or carrier/plan (state-specific) Some states require the carrier to issue the notice; others require the employer. Confirm before an event occurs.
Election period Typically X to Y days to elect (state-specific) Qualified beneficiary elects; employer/carrier accepts Election and payment grace period rules vary by state.
Maximum continuation period Often 9 to 36 months (state-specific) N/A Durations and early-termination triggers differ by state.
Trigger: Qualifying event (termination, reduction in hours)
Timing: Within X days of event or loss of coverage (state-specific)
Notes: Sender (employer vs. carrier) varies by state; confirm first.
Trigger: Election period
Timing: Typically X to Y days to elect (state-specific)
Notes: Election and grace period rules vary by state.
Trigger: Maximum continuation period
Timing: Often 9 to 36 months (state-specific)
Notes: Durations and early-termination triggers differ by state.
  • State continuation statute summary or carrier admin guide for your state(s).
  • Qualifying event details and date; names and mailing addresses of employee, spouse, and each dependent.
  • Plan options available for continuation, monthly premium amounts, and remittance instructions.
  • State-required model notice (if your state provides one) or a compliant template; see the Model Notice section below.
1
Confirm applicabilityVerify your employer size and plan type fall under your state's continuation rules.
2
Identify the senderDetermine whether the employer or carrier must issue the election notice; confirm this with your carrier in writing before a qualifying event occurs.
3
Prepare the noticeInclude eligibility, election deadline, cost and payment instructions, coverage start date, and where to send elections and premiums.
4
Send on timeDeliver by first-class mail within the state deadline. Purchase a Certificate of Mailing (USPS Form 3817) at the post office; it provides dated proof of mailing at minimal cost without requiring the recipient to sign for it.
5
Track elections and paymentsRecord timely elections and initial premium receipt per your state's rules.
  • Send separate notices to each qualified beneficiary where required by your state.
  • First-class mail is standard; purchase a Certificate of Mailing (USPS Form 3817) for dated proof of delivery at low cost.
  • Electronic delivery is only permitted if your state allows it and the recipient has consented in advance.
  • Use a clear, stand-alone notice; don't bury the election notice inside other documents.
  • Notice copiesCopy of each state continuation election notice sent.
  • Delivery recordsCertificate of Mailing or other delivery records showing date, address, and method.
  • Elections and paymentsElection forms received, premium payment records, and coverage start/stop dates.
  • RetentionRetain per your state's rules, or at least 6 years as a best practice.

Common traps

Assuming federal COBRA rules apply: Follow your state's statute; the timelines and durations for mini-COBRA are different.
Not sending separate notices to spouses and dependents: Treat each qualified beneficiary per your state's rules.
Assuming the carrier sent it without confirming: Get sender responsibility confirmed in writing with your carrier before a qualifying event happens.

FAQs

What is Mini-COBRA?
A state law requiring smaller employers to offer continuation coverage similar to federal COBRA. Rules (including who sends the election notice, election deadlines, and coverage duration) vary by state.

Who must comply?
Employers below the federal COBRA threshold (generally fewer than 20 employees) in states that have enacted continuation laws. Carrier involvement in notice delivery varies by state.

What if we fail to send the notice?
Possible state penalties, private claims, and potential liability for medical claims where continuation coverage should have been offered but wasn't.

  • Duration can range widely (such as single-digit months up to several years in some states).
  • Some states require additional notices at the end of the continuation period or when premiums change.
  • Certain HMO and fully-insured plans may have carrier-specific procedures layered on top of state law.

No federal model notice exists for state continuation election notices. Use the framework below as a starting point; your state's statute or your carrier's admin guide may require additional content or a state-specific form.

NOTICE OF RIGHT TO CONTINUE GROUP HEALTH COVERAGE

[State] Continuation Coverage, Election Notice

Date: [Date of Notice]
To: [Employee Name]
[Mailing Address]
[Send a separate notice to spouse/dependents if required by your state]

Why You Are Receiving This Notice
You recently experienced a qualifying event that has ended or will end your group health coverage under [Employer Name]'s plan. Under [State] law, you may have the right to continue this coverage by electing state continuation ("mini-COBRA").

Coverage Information
Plan name: [Plan Name]
Coverage type(s): [Medical / Dental / Vision, list applicable]
Date coverage ends: [Date]

Qualifying Event
[For example, Termination of employment / Reduction in hours / Other qualifying event per state law]
Date of qualifying event: [Date]

Your Election Deadline
To elect continuation coverage, you must notify us in writing no later than: [Election Deadline Date]
Send your election to: [HR contact name, address, or email if permitted by state]

Cost of Continuation Coverage
You are responsible for the full cost of coverage plus any administrative fee permitted under state law.
Monthly premium: $[Amount]
First payment due: $[Amount] by [Date]
Send payment to: [Address / payment instructions]

Duration
If elected, continuation may last up to [X months] under [State] law. Coverage ends earlier if premiums are not paid on time or you become eligible for other group health coverage.

How to Elect
Return written notice of your election (or the attached form) to [HR contact / carrier] by the deadline above. Late elections cannot be accepted.

Questions?
Contact [HR contact name, phone, email] or your state's Department of Insurance: [State DOI website].

[Employer Name] | [Address] | [Date Issued]

Important: This is a framework only. Your state's statute or your carrier's procedures may require different wording, additional disclosures, or a state-provided form. In some states the carrier, not the employer, is required to issue this notice. Verify with your carrier and your state's Department of Insurance before use.