Key Takeaways
- California requires group life insurance policies to include a conversion privilege allowing departing employees to convert to individual coverage within 31 days
- Small group health insurance in California applies to employers with 1-100 employees (expanded from federal 1-50 definition)
- Cal-COBRA provides continuation coverage for employers with 2-19 employees not covered by federal COBRA
- California law requires group health plans to cover mental health and substance abuse at parity with medical benefits
- Employers must provide certificates of coverage explaining benefits, eligibility, and continuation rights
California Group Life and Health Insurance Requirements
California has extensive regulations governing group life and health insurance, with some of the strongest employee protections in the nation.
Group Life Insurance Requirements
Conversion Privilege
California requires group life policies to include a conversion privilege:
| Requirement | Details |
|---|---|
| Who Qualifies | Employees and dependents losing group coverage |
| Conversion Period | 31 days from termination |
| No Evidence Required | Cannot require proof of insurability |
| Premium | Standard individual rates for age |
| Coverage Amount | Up to amount of group coverage |
When Conversion Rights Apply
Employees have conversion rights when:
- Employment is terminated (voluntary or involuntary)
- Employee retires
- Employee's class is eliminated
- Group policy is terminated (with proper notice)
- Dependent loses coverage status
Exam Tip: The 31-day conversion period is a key California requirement. During this period, the employee remains covered under the group policy even if they haven't yet applied to convert.
Death During Conversion Period
If an employee dies during the 31-day conversion period:
- Group coverage still applies
- Death benefit is paid as if coverage continued
- Conversion application status is irrelevant
Small Group Market Definition
California's Expanded Definition
California defines small groups more broadly than federal law:
| Market | Group Size |
|---|---|
| California Small Group | 1-100 employees |
| Federal Small Group | 1-50 employees |
| California Large Group | 101+ employees |
Small Group Protections
California small group plans must provide:
- Guaranteed issue (cannot deny coverage)
- No pre-existing condition exclusions
- Essential health benefits
- Mental health parity
- Guaranteed renewal
California Mental Health Parity
California requires mental health parity in group health plans:
Parity Requirements
| Requirement | Details |
|---|---|
| Coverage Level | Same as medical/surgical benefits |
| Cost Sharing | Same copays, deductibles, coinsurance |
| Visit Limits | Cannot be more restrictive than medical |
| Treatment Limits | Same as comparable medical treatment |
Covered Conditions
California parity covers:
- Schizophrenia
- Bipolar disorder
- Major depressive disorder
- Obsessive-compulsive disorder
- Panic disorder
- Autism spectrum disorders
- Substance use disorders
- Other severe mental illnesses
Network Requirements
Insurers must provide:
- Adequate network of mental health providers
- Same access standards as medical providers
- Timely access to treatment
Certificate of Coverage Requirements
California requires detailed certificates:
Required Contents
| Element | Description |
|---|---|
| Benefits Summary | What the plan covers |
| Eligibility Rules | Who is covered and when |
| Effective Dates | When coverage begins and ends |
| Premium Information | Cost and payment details |
| Conversion Rights | How to convert to individual coverage |
| Continuation Rights | COBRA and Cal-COBRA options |
| Claims Procedures | How to file claims |
| Appeal Rights | How to appeal denied claims |
| Contact Information | Insurer and administrator info |
Timing of Certificate Delivery
- Within 15 days of coverage effective date
- Updated certificate for material changes
- Summary of Benefits and Coverage (SBC) also required
Dependent Coverage Requirements
Age 26 Coverage
California follows federal requirements for dependent coverage:
| Requirement | Details |
|---|---|
| Age Limit | Coverage to age 26 |
| Marital Status | Doesn't matter |
| Student Status | Doesn't matter |
| Financial Dependence | Doesn't matter |
| Own Employer Coverage | Can still be on parent's plan |
Domestic Partner Coverage
California requires domestic partner coverage:
- Same coverage as married spouses
- Same premium contribution rules
- Same COBRA/Cal-COBRA rights
- Tax treatment differs from spouse coverage
Coordination of Benefits
When employees have multiple group plans:
California Coordination Rules
| Situation | Primary Plan |
|---|---|
| Employee's own plan | Primary for employee |
| Employee as dependent | Primary plan pays first |
| Children (birthday rule) | Parent with earlier birthday month/day |
| Children of separated/divorced | Court order or specific rules |
Birthday Rule Details
The birthday rule determines which parent's plan is primary for children:
- Uses parent's birthday month and day (not year)
- Earlier birthday in calendar year = primary plan
- If same birthday, parent covered longer is primary
Employer Contribution Requirements
Minimum Participation
| Contribution Type | Minimum Participation |
|---|---|
| Employer-paid (100%) | 100% of eligible employees |
| Contributory | Typically 75% participation |
Small Employer Rules
Small employers may have different participation requirements:
- May have lower minimum participation
- Guaranteed issue regardless of participation
- Cannot be charged more for low participation
Exam Tip: California's small group market includes employers with 1-100 employees, which is broader than the federal 1-50 definition. This expands guaranteed issue protections.
How many employees are in California's small group market?
How long do employees have to convert group life insurance to individual coverage in California?
Does California require domestic partner coverage in group health plans?
Under the birthday rule, which parent's plan is primary for a child?
What is required for mental health coverage in California group health plans?