MARCH 2004
Q.
For employers of less than 20 employees who are required
to provide continued group medical insurance coverage under
New York State Continuation rather than federal COBRA,
is there a "gross misconduct" exception?
A.Section
3221 (m) of the New York State Insurance Law (New York State
Continuation) does not contain a "gross misconduct" exception.
So while employers covered under federal COBRA may deny
insurance continuation under the "gross misconduct" exception,
smaller employers may not.
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