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Which state trumps the Cobra requirements?

pmschwartzpmschwartz 4 Posts
in Benefits & Leave Vote Up0Vote Down

I have a group that has an Ohio tax ID # but all of their employees work in Kentucky. They are wanting to know if they have to offer the mini cobra plan since their employees are in Kentucky or can they go by the Ohio law since that is their main location?
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  • LadyAnnLadyAnn 96 Posts
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    You must go by the work state for laws regarding your employees.  So you must go by Kentucky law for those employees who work in Kentucky and you must go by Ohio laws for those employees who work in Ohio.

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  • ERISAmavenERISAmaven 22 Posts
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    I think the answer is not quite so simple. State continuation rights are provided through state insurance laws and are requirements for insurance policies. Thus, the law of the state under which the policy was issued will generally determine what has to be in the policy.  Thus, if an Ohio employer buys an Ohio health insurance policy to cover its employees in Kentucky, then the policy will have to meet the minimum requirements of Ohio law. However, if the employer, for what ever reason, buys a policy from a Kentucky insurer for its Kentucky employees, Kentuckey's minimum standards will apply.
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