Ohio § 1751.53

§ 1751.53.

(A) As used in this section: (1) “ Group contract ” means a group health insuring corporation contract covering employees that meets

either of the following conditions: (a) The contract was issued by an entity that, on June 4, 1997, holds a certificate of

authority or license to operate under Chapter 1738. or 1742. of the Revised Code,

and covers an employee at the time the employee's employment is terminated. (b) The contract is delivered, issued for delivery, or renewed in this state after June

4, 1997, and covers an employee at the time the employee's employment is terminated. (2) “ Eligible employee ” means an employee to whom all of the following apply: (a) The employee has been continuously covered under a group contract or under the contract

and any prior similar group coverage replaced by the contract, during the entire three-month

period preceding the termination of the employee's employment. (b) The employee did not voluntarily terminate the employee's employment and the termination

of employment is not a result of any gross misconduct on the part of the employee. (c) The employee is not, and does not become, covered by or eligible for coverage by

medicare. (d) The employee is not, and does not become, covered by or eligible for coverage by

any other insured or uninsured arrangement that provides hospital, surgical, or medical

coverage for individuals in a group and under which the employee was not covered immediately

prior to the termination of employment.  A person eligible for continuation of coverage under this section, who is also eligible

for coverage under section 3923.123 of the Revised Code , may elect either coverage, but not both.  A person who elects continuation of coverage may elect any coverage available under section 3923.123 of the Revised Code upon the termination of the continuation of coverage. (B) A group contract shall provide that any eligible employee may continue the coverage

under the contract, for the employee and the employee's eligible dependents, for a

period of twelve months after the date that the group coverage would otherwise terminate

by reason of the termination of the employee's employment.  Each certificate of coverage issued to employees under the contract shall include

a notice of the employee's privilege of continuation. (C) All of the following apply to the continuation of group coverage required under division

(B) of this section: (1) Continuation need not include any supplemental health care services benefits or specialty

health care services benefits provided by the group contract. (2) The employer shall notify the employee of the right of continuation at the time the

employer notifies the employee of the termination of employment.  The notice shall inform the employee of the amount of contribution required by the

employer under division (C)(4) of this section. (3) The employee shall file a written election of continuation with the employer and

pay the employer the first contribution required under division (C)(4) of this section.  The request and payment must be received by the employer no later than the earlier

of any of the following dates: (a) Thirty-one days after the date on which the employee's coverage would otherwise terminate; (b) Ten days after the date on which the employee's coverage would otherwise terminate,

if the employer has notified the employee of the right of continuation prior to this

date; (c) Ten days after the employer notifies the employee of the right of continuation, if

the notice is given after the date on which the employee's coverage would otherwise

terminate. (4) The employee must pay to the employer, on a monthly basis, in advance, the amount

of contribution required by the employer.  The amount required shall not exceed the group rate for the insurance being continued

under the policy on the due date of each payment. (5) The employee's privilege to continue coverage and the coverage under any continuation

ceases if any of the following occurs: (a) The employee ceases to be an eligible employee under division (A)(2)(c) or (d) of

this section; (b) A period of twelve months expires after the date that the employee's coverage under

the group contract would otherwise have terminated because of the termination of employment; (c) The employee fails to make a timely payment of a required contribution, in which

event the coverage shall cease at the end of the coverage for which contributions

were made; (d) The group contract is terminated, or the employer terminates participation under

the contract, unless the employer replaces the coverage by similar coverage under

another contract or other group health arrangement.  If the employer replaces the contract with similar group health coverage, all of

the following apply: (i) The member shall be covered under the replacement coverage, for the balance of the

period that the member would have remained covered under the terminated coverage if

it had not been terminated. (ii) The minimum level of benefits under the replacement coverage shall be the applicable

level of benefits of the contract replaced reduced by any benefits payable under the

contract replaced. (iii) The contract replaced shall continue to provide benefits to the extent of its accrued

liabilities and extensions of benefits as if the replacement had not occurred. (D) This section does not apply to any group contract offering only supplemental health

care services or specialty health care services. (E) An employer shall notify the health insuring corporation if the employee elects continuation

of coverage under this section.  The health insuring corporation may require the employer to provide documentation

if the employee elects continuation of coverage and is seeking premium assistance

for the continuation of coverage under the “American Recovery and Investment Act of

2009,” Pub. L. No. 111-5, 123 Stat. 115. The director of insurance shall publish guidance for employers and health insuring

corporations regarding the contents of such documentation.