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HR Focus: Nevada’s “Mini-Cobra” Law

Volume 4, Issue 11
September 9, 2005

For employers who have a group health insurance policy and fewer than 20 employees, Nevada requires that the employer provide continuation health care coverage, similar to COBRA, under certain circumstances. In order for coverage to apply, the employee and his/her beneficiaries must be continuously covered for at least 12 months before termination. Events that trigger continuous coverage and the coverage periods are:

  • Death: 36 months for spouse and dependant child.
  • Job Termination: No coverage if the employee is terminated for gross misconduct or voluntarily leaves his employment. In all other cases: 18 months for employee and 36 months for spouse and defendant child.
  • Divorce or Legal Separation: 36 months for former spouse and dependant child.
  • Medicare Eligibility: 36 months.

Furthermore, a dependant child who exceeds the maximum age for dependant status is still covered for 36 months.

The following events trigger a premature termination of the continuation coverage:

  • Becoming eligible for Medicare.
  • Becoming covered under another group policy.
  • Termination of the employer's group policy.
  • Failure to make timely payment.
  • Re-marriage of former spouse who is eligible for coverage under new spouse's policy.

Nevada's "mini-COBRA" law is often overlooked by smaller employers. For more information, see NRS 689B.245 to NRS 689B.249 for the complete statutory requirements.

Employer Report articles are for general information only; they are not intended and should not be construed to be legal advice. Reading or replying to such articles does not establish an attorney-client relationship. In addition, because the subject matters and applicable laws discussed in Employer Report articles are often in a state of change and not always applicable to every type of business entity or organization, readers should consult with counsel before making decisions based on the same.