February 2000
Q. For
small employers not covered under the federal COBRA but covered under
the NYS cobra, is dental coverage required to be offered when an employee
leaves employment?
A. No,
the rules are different for small employers not covered under the federal
COBRA. The New York State Insurance Department does not consider dental
coverage under the categories of " hospital, surgical or medical
expense insurance " as stated in Section 3221(m) of the Insurance
Law, the section that covers insurance continuation (cobra) for small
employers not subject to the federal COBRA requirements. Therefore, no
dental offering is necessary.
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