HB 170 Summary

• Amends Title 18 of Delaware Code Chapter 35 by adding Section 3571E to require insurers to offer mini-COBRA continuation coverage to small employer group health plan participants.

• Permits covered employees and eligible dependents to continue hospital, surgical, and major medical coverage for up to 9 months after a qualifying event (such as job termination, death, divorce, or Medicare eligibility) if they have been continuously insured for the preceding 3 months.

• Limits mini-COBRA eligibility to employees of employers with 1-19 employees and excludes individuals covered or eligible for Medicare, those with other group health insurance, or those who fail to verify ineligibility for other employer-based coverage.

• Requires premium contributions capped at 102% of the group rate, with employers not required to contribute to health savings account deductibles after termination, and mandates 30-day notice periods for employers and employees to elect continuation coverage.

• Expires January 1, 2014, and contains no force or effect clause if the Patient Protection and Affordable Care Act is declared unconstitutional by the U.S. Supreme Court.