Are Domestic Partners who are covered as dependents eligible for continuation coverage under federal COBRA and Maine “mini-COBRA” laws?
1. “Mini-COBRA” / YES: Small group health insurance carriers that provide health insurance for companies with fewer than 20 employees are required to offer continuation coverage under Maine’s continuation law. (Although this law is sometimes referred to as the Maine “mini-COBRA” law, you should be aware that there are significant differences between the Maine and federal laws). If a domestic partner is covered as a dependent under a small group insurance plan, he or she is entitled to “mini-COBRA” continuation coverage in the same manner as any other dependent. 2. COBRA / YES, if the employee also elects continuation coverage: If an employer with 20 or more employees offers domestic partner coverage, the U.S. Department of Labor has interpreted the COBRA law to permit an employee with a covered domestic partner to elect COBRA benefits for both of them.
