State Codes and Statutes

Statutes > Utah > Title-31a > Chapter-22 > 31a-22-722-5

31A-22-722.5. Mini-COBRA election -- American Recovery and Reinvestment Act.
(1) (a) If the provisions of Subsection (1)(b) are met, an individual has a right to contactthe individual's employer or the insurer for the employer to participate in a transition period formini-COBRA benefits under Section 31A-22-722 in accordance with Section 3001 of theAmerican Recovery and Reinvestment Act of 2009 (Pub. L. 111-5), as amended.
(b) An individual has the right under Subsection (1)(a) if the individual:
(i) was involuntarily terminated from employment during the period of time identified inSection 3001 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5), asamended;
(ii) is eligible for COBRA premium assistance under Section 3001 of the AmericanRecovery and Reinvestment Act of 2009 (Pub. L. 111-5), as amended;
(iii) was eligible for Utah mini-COBRA as provided in Section 31A-22-722 at the timeof termination;
(iv) elected Utah mini-Cobra; and
(v) voluntarily dropped coverage, which includes dropping coverage throughnon-payment of premiums, between December 1, 2009 and February 1, 2010.
(2) (a) An individual or the employer of the individual shall contact the insurer andinform the insurer that the individual wants to maintain coverage and pay retroactive premiumsunder a transition period for mini-COBRA coverage in accordance with the provisions of Section3001 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5), as amended.
(b) An individual or an employer on behalf of an eligible individual must submit theapplicable forms and premiums for coverage under Subsection (1) to the insurer in accordancewith the provisions of Section 3001 of the American Recovery and Reinvestment Act of 2009(Pub. L. 11-5), as amended.
(3) An insured has the right to extend the employee's coverage under mini-cobra with thecurrent employer's group policy beyond the 12 months to the period of time the insured is eligibleto receive assistance in accordance with Section 3001 of the American Recovery andReinvestment Act of 2009 (Pub. L. 111-5) as amended.
(4) An insurer that violates this section is subject to penalties in accordance with Section31A-2-308.

Amended by Chapter 10, 2010 General Session
Amended by Chapter 149, 2010 General Session
Amended by Chapter 149, 2010 General Session, (Coordination Clause)