Section 1366.23 Of Article 4.5. California Cobra Program From California Health And Safety Code >> Division 2. >> Chapter 2.2. >> Article 4.5.
1366.23
. (a) Every health care service plan, including a
specialized health care service plan contract, that provides coverage
under a group benefit plan to an employer, as defined in Section
1366.21, shall offer continuation coverage, pursuant to this section,
to a qualified beneficiary under the contract upon a qualifying
event without evidence of insurability. The qualified beneficiary
shall, upon election, be able to continue his or her coverage under
the group benefit plan, subject to the contract's terms and
conditions, and subject to the requirements of this article. Except
as otherwise provided in this article, continuation coverage shall be
provided under the same terms and conditions that apply to similarly
situated individuals under the group benefit plan.
(b) Every health care service plan shall also offer the
continuation coverage to a qualified beneficiary who (1) elects
continuation coverage under a group benefit plan, as defined in this
article or in Section 10128.51 of the Insurance Code, but whose
continuation coverage is terminated pursuant to subdivision (b) of
Section 1366.27, prior to any other termination date specified in
Section 1366.27, or (2) who elects coverage through the health care
service plan during any employer open enrollment, and the employer
has contracted with the health care service plan to provide coverage
to the employer's active employees. This continuation coverage shall
be provided only for the balance of the period that the qualified
beneficiary would have remained covered under the prior group benefit
plan had the employer not terminated the group contract with the
previous health care service plan or insurer.
(c) Every health care service plan or specialized health care
service plan shall offer a qualified beneficiary the ability to elect
the same core, noncore, or core and noncore coverage that the
qualified beneficiary had immediately prior to the qualifying event.
(d) Any child who is born to a former employee who is a qualified
beneficiary who has elected continuation coverage pursuant to this
article or a child who is placed for adoption with a former employee
who is a qualified beneficiary who has elected continuation coverage
pursuant to this article during the period of continuation coverage
provided by this article shall be considered a qualified beneficiary
entitled to receive benefits pursuant to this article for the
remainder of the period that the former employee is covered pursuant
to this article, if the child is enrolled under a group benefit plan
as a dependent of that former employee who is a qualified beneficiary
within 30 days of the child's birth or placement for adoption.
(e) An individual who becomes a qualified beneficiary pursuant to
this article shall continue to receive coverage pursuant to this
article until continuation coverage is terminated at the qualified
beneficiary's election or pursuant to Section 1366.27, whichever
comes first, even if the employer that sponsored the group benefit
plan that is continued subsequently becomes subject to Section 4980B
of the United States Internal Revenue Code or Chapter 18 of the
Employee Retirement Income Security Act, 29 U.S.C. Sec. 1161 et seq.
(f) A qualified beneficiary electing coverage pursuant to this
section shall be considered part of the group contract and treated as
similarly situated employees for contract purposes, unless otherwise
specified in this article.