Virginia program
Keeping a work plan after coverage ends (state continuation)
Virginia continuation can extend a qualifying group health policy after eligibility ends.
What it is
Virginia continuation can extend a qualifying group health policy after eligibility ends.
This route fills some gaps where federal COBRA does not apply. It can preserve the same plan and network. You usually take over the full premium.
Eligibility rules
- The policy must be issued or delivered in Virginia, and the employer must not be subject to federal COBRA.
- At least three continuous months under the group policy are required. The statute applies before Medicare or Medicaid eligibility and excludes discharge for gross misconduct. The policyholder confirms your individual eligibility dates.
- Self-funded plans are outside this state law.
What you get
- Up to 12 months on the same qualifying group policy.
What the rules cover
- The charge can be the group rate plus an administrative fee of no more than 2%.
If you decide to apply
- Ask your employer in writing for the continuation notice, full premium and plan type.
- Bring the coverage-end date and notice date to the social worker when comparing continuation with other plans.
The group policyholder, normally the employer · Official page ↗
If you decide to apply
- The employer must give notice within 14 days of learning eligibility is ending. Election and payment must meet both deadlines.
Good to know
Election and first payment must meet both deadlines: 31 days after the notice is issued and 60 days after group eligibility ends.
Other details
- Continuing coverage involves paying the premium on time each month.
“Would state continuation keep our cancer team covered, and what would the full premium be? Could you help compare it with other coverage before the deadline?”
Why I’m asking: Keeping the same treatment network may matter even if the premium rises.
More background and detailed requirements
Additional program information and published rules
Who does what
The three parts, side by side. The agency decides; nobody on this page does.
You
Ask in writing, then pay on time every month.
Your social worker
The employer must give notice within 14 days of learning eligibility is ending.
The care team
Records and letters when the application asks for them.
- Who decides
- The employer as group policyholder, and the insurer
- Ask HR
- “Is our plan a Virginia-issued group policy, and is the company subject to the federal continuation rule? If not, I want the state continuation election in writing and the premium amount.”
How to apply
First step: Ask the employer in writing for the continuation election and the premium the day you learn the job is ending.
- Ask the employer in writing the day you learn the job is ending.
- Diary both deadlines: 31 days from the notice and 60 days from the end of eligibility.
Official application / program page ↗
Where it starts: Ask the employer in writing for the continuation election and the premium amount as soon as you know the job is ending.
What to gather
- The termination notice with its date
- The current plan card and premium
- A written answer from the employer on insured or self-funded
How long: Cover continues without a gap when the application and payment arrive on time.
Clock: Thirty-one days from the notice to apply and pay, and never beyond 60 days after eligibility ends.
What a yes looks like
A written election and a monthly premium bill at the group rate plus at most 2%.
What a no looks like, and the next move
If the employer says the federal rule applies instead, follow that route. If it says self-funded, the state Marketplace window is the fallback.
Watch out
- Two clocks run together: 31 days from the notice and 60 days from the end of eligibility.
- You need three months of prior cover under that policy.
- A self-funded plan is outside this law; ask the employer which it is.
The numbers and the rules
The arcane layer, kept on purpose. Checked September 11, 2026.
What it is worth
The same group cover for 12 more months at the group rate plus at most 2%.
- $12 — Months the old group cover can be kept
- $31 — Days after the notice to apply and pay
- $2 — Most the employer can add to the group rate
Legal protection: The same plan, the same network and the same deductible progress for another 12 months
What it costs the family: The full group premium plus up to 2%.
The eligibility facts, as published
- Plans
- group accident and sickness policies delivered or issued for delivery in Virginia; not where the employer is subject to the federal continuation rule
- Prior coverage
- continuously insured under the group policy for at least three months
- Deadlines
- apply and pay within 31 days of the notice, and never beyond 60 days after eligibility ends
- Exclusions
- discharge for gross misconduct
The trap: Two deadlines run at once: 31 days from the notice, and a hard stop 60 days after eligibility ends. Miss either and it is gone. Premiums also have to be paid on time every month.
Where I read this
- Code of Virginia § 38.2-3541 — Continuation on termination of eligibility — Virginia Law Library, read September 10, 2026