What if your Employer was out of State or Self Insured?
If you worked for an non CA Employer headquartered Out of State, they do not have to offer you the additional 18 months of Cal Cobra coverage after COBRA or the original 36 months, if they are a small employer. Same if they were self insured. If this happens you can go straight to HIPAA or try for a preferred Individual plan. The Insurance companies will generally require a letter from your former employer to verify this.
The CA Insurance Code shall not apply to a policy... that covers hospital, medical, or surgical expenses and that is
issued outside of California
to an employer whose principle place of business and
majority of employees are located outside of California.
§10112.5(b)
Insurance Code §106 - Health Insurance has the same Code Definition as Disability Insurance.
Insurance Code §106
It's possible that your Employer might be in CA, but is owned by a larger company, headquartered out of CA and thus they may not have to offer Cal COBRA.
See also definitions of Group Benefit Plans in Cal COBRA Text of the Law.
Sample letter to send your former employer to clarify if they are exempt under this provision of the law.
Case Law
Stare Decisis
Accident policy, applied for and delivered in California where premiums were paid, was California contract, as regards question what law governed. Palmquist v. Standard Acc. Ins. Co., S.D.Cal.1933, 3 F.Supp. 356.
A resident of Missouri signed in that state an application for life insurance. The policy was executed by the insurer at its office in New York, and transmitted to Missouri, where it was delivered to the assured, and where the premiums thereon were paid.
Held, that the policy only became a completed contract on its delivery and the payment of the premium in Missouri, so that it is a Missouri contract, and governed by the laws of that state. Equitable Life Assur. Soc. v. Pettus140 U.S. 226, 11 S.Ct. 822U.S. 1891
This may be in conflict with the US Constitution (State's Relations) Article 4 Section 1, Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof. McCarran Ferguson Act? CA Insurance Code §41 All insurance in this State is governed by the provisions of this code.
Self-Insured Plans
The 36 months of Cal COBRA coverage does not apply to self insured health care plans that are covered by the Employee Retirement Income Security Act (ERISA).
disability benefits 101.org
Metropolitan Life Insurance Company v. Massachusetts, 471 U.S. 724 (1985), the U.S. Supreme Court ruled that state laws governing self-insured benefit plans are subject to ERISA preemption. Foley & Lardner Attorney Analysis
 
Bookmarks Self Insured Plans
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