Insights

New Special Enrollment Period Established for State Marketplace


On September 21, 2021, the Division of Insurance adopted Emergency Regulation 21-E-12. This regulation creates a special enrollment period (SEP) in the state’s health insurance exchange for individuals or their dependents who lose either employer or government subsidies for COBRA premiums. This state regulation aligns with federal regulation that also creates an SEP in the federal marketplace under these circumstances. The triggering event is the last day of the period for which COBRA or state continuation coverage is paid for or subsidized, in whole or in part, by an employer or government entity.

Employers who subsidize the COBRA premiums for qualified beneficiaries, either through a severance agreement or ARPA subsidy, should be aware of this regulation.

Emergency Regulation 21-E-12 »