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February 2000

Staff Contact: Tom Minnick

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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