COBRA Law Summaries
COBRA Law Summaries
Kentucky, COBRA Law Summaries
Kentucky's health care continuation law is codified in the Kentucky Revised Statutes at Title
XXV, Ch. 304.
DEFINITIONS
“Group policy” means group health insurance policies and blanket health insurance policies
which (Sec. 304.18-110, as amended by Ch. 120 (H. 352), L. 2001):
affect the rights of a Kentucky insured and bear a reasonable relation to Kentucky,
regardless of whether delivered or issued for delivery in Kentucky;
1.
provide hospital or surgical expenses benefits, other than for a specific disease or
accidental injury only; and
2.
are delivered, issued for delivery or renewed after July 15, 1986.
3.
“Medicare” means Title XVIII of the U.S. Social Security Act as amended or superseded (Sec.
304.18-110, as amended by Ch. 120 (H. 352), L. 2001).
COVERAGE
Kentucky's health care continuation law requires employers maintaining group health insurance
polices that affect the rights of a Kentucky insured and bear a reasonable relation to Kentucky
(regardless of whether the policies are issued for delivery in Kentucky) to offer continuation
coverage (Sec. 304.18-110, as amended by Ch. 120 (H. 352), L. 2001).
PROCEDURES
An employer must offer continuation coverage to persons insured under group policies and their
dependents, so long as the group member has been covered by the group policy for at least three
months. Surviving or divorced spouses of group members are also eligible. Continuation
coverage is not available if the insured person is eligible for Medicare or for other group
coverage (Sec. 304.18-110, as amended by Ch. 120 (H. 352), L. 2001).
The insurer must give written notice of the right to continue coverage upon notice from the
group policyholder that the group member has terminated group coverage. The insured person's
election period does not begin to run until this notice has been delivered to the insured person's
last known address (Sec. 304.18-110, as amended by Ch. 120 (H. 352), L. 2001).
Insured persons must el