Florida's mini-COBRA statute (FL Statute 627.6692, the 'Health Insurance Coverage Continuation Act') gives employees of small employers — those with fewer than 20 employees not subject to federal COBRA — the right to continue group health insurance coverage after a qualifying event. The Florida law is similar to federal COBRA in structure but differs in important ways: 18-month continuation, 115% premium cap, 30-day election period, and applicability only to fully-insured small group plans. This guide is a complete reference for Florida small businesses administering mini-COBRA.
Florida Statute 627.6692 requires fully-insured small group health plans (issued to employers with fewer than 20 employees) to include continuation-of-coverage provisions modeled on federal COBRA. The continuation right runs to qualified beneficiaries — covered employees, spouses, and dependent children — upon the occurrence of a qualifying event.
| Qualifying Event | Continuation Period |
|---|---|
| Termination or hour reduction | 18 months |
| Disability extension (SSDI determination) | 29 months total |
| Death, divorce, dependent age-out, Medicare entitlement | 29 months for spouse/dependent |
Florida mini-COBRA caps the premium charge at 115% of the group rate. Federal COBRA caps at 102%. The 115% cap reflects the higher administrative cost of administering small group continuation. Mechanics:
| Notice | Deadline | Sender |
|---|---|---|
| Initial notice (at hire / enrollment) | Within 30 days of enrollment | Employer or carrier |
| Qualifying event notice (employer to carrier) | 30 days from event | Employer |
| Election notice (carrier to qualified beneficiary) | 14 days from carrier's receipt of QE notice | Carrier |
| Election by qualified beneficiary | 30 days from election notice | Qualified beneficiary |
| First premium payment | 45 days from election | Qualified beneficiary |
| Feature | Federal COBRA | Florida Mini-COBRA |
|---|---|---|
| Employer threshold | 20+ employees | Under 20 employees |
| Continuation period | 18-36 months depending on QE | 18-29 months |
| Premium cap | 102% | 115% |
| Election period | 60 days | 30 days |
| Carrier vs employer admin | Employer responsible | Carrier responsible (employer notifies) |
| Plan applicability | Both fully-insured and self-funded | Fully-insured only |
No — Florida law makes the carrier responsible for sending election notices and collecting premium. The employer's role is to notify the carrier within 30 days of any qualifying event. Most administrative complexity is on the carrier side.
A high bar — embezzlement, theft, violence at work, willful destruction of property. Performance issues, attendance problems, and 'we just don't like the employee' do NOT meet the standard. Most terminations should result in mini-COBRA being offered.
Yes — and often the marketplace is cheaper if income qualifies for APTC. Loss of employer coverage is a SEP for marketplace enrollment. Many qualified beneficiaries elect mini-COBRA temporarily while shopping for marketplace coverage during their 60-day SEP.
A licensed Florida broker can confirm carrier processes for mini-COBRA notices.
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