West Virginia program
Keeping a work plan after a layoff (state continuation)
West Virginia continuation lets some laid-off workers keep their insured group health plan.
What it is
West Virginia continuation lets some laid-off workers keep their insured group health plan.
Losing a job can also end family health insurance. State continuation can preserve the existing plan after an involuntary layoff. The family pays the group premium itself.
Eligibility rules
- The state law covers qualifying group accident and sickness policies issued or delivered in West Virginia.
- The triggering work loss is an involuntary layoff.
What you get
- Up to 18 months of the same group coverage at the group rate.
What the coverage means
- The group rate is not an individual-policy rate, but the family now pays it. The same plan can preserve access to the existing oncology network.
If you decide to apply
- Ask the employer’s benefits office whether the policy qualifies for West Virginia continuation.
- Ask for the premium, coverage end date and election deadline in writing.
The employer and its insurer · Official page ↗
After you apply
- The law leaves the election deadline and payment dates to the insurer, so ask the benefits office to put them in writing before the plan ends.
Good to know
Resigning for child care differs from an involuntary layoff. Self-funded private plans may have COBRA rights when its tests are met; government and church plans need separate checks.
Other details
- The benefits office can compare state continuation with federal COBRA and other coverage options.
Official sources
“If work coverage ends after a layoff, could we keep this plan and our cancer team? What would it cost compared with other coverage, and could you help us check the deadlines?”
Why I’m asking: I want to avoid a treatment gap while understanding the full premium we would pay.
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 and keep paying the premium on time.
Your social worker
The benefits office says what the rate is and by when you have to choose.
The care team
Nothing.
- Who decides
- The employer's insurer.
- Ask HR
- “I have been laid off. Under West Virginia law I want to continue the group coverage at the group rate. What is the premium and by when do I have to elect?”
How to apply
First step: Write to the benefits office the day the layoff notice arrives and ask for continuation at the group rate.
- Ask the benefits office in writing for continuation at the group rate.
- Ask what the deadline to elect is, because the law does not publish one.
- Compare it against the Marketplace, where a loss of coverage opens a 60-day window.
Official application / program page ↗
Where it starts: Ask the employer's benefits office in writing on the day the layoff notice arrives.
What to gather
- The layoff notice
- The plan summary
- The current premium
How long: Unknown. The law sets no published election window.
What a yes looks like
An invoice for the group premium and unbroken coverage.
What a no looks like, and the next move
Ask whether the plan is self-funded; if it is, this law does not reach it and the federal route does.
Watch out
- The statute says involuntarily laid off. Resigning to care for your child is not the same thing.
- A self-funded plan is outside this law; the federal route is the one to ask about.
- No election deadline is published, so ask the employer for it in writing.
The numbers and the rules
The arcane layer, kept on purpose. Checked September 11, 2026.
What it is worth
Up to 18 months of the same coverage at the same group rate after a layoff.
- $18 — Maximum continuation period
Covers: The same coverage the group plan gave
Legal protection: The same group rate, not an individual rate
What it costs the family: The group premium, which the family now pays itself.
The eligibility facts, as published
- Trigger
- involuntary layoff
- Plan scope
- group accident and sickness policies delivered or issued for delivery in West Virginia
- Election deadline
- unknown
Expect friction on: The election deadline is not published · The law reaches insured group policies issued in West Virginia, not self-funded or government plans
The trap: This is not a general right to keep the plan after any job ends. If a parent resigns to care for your child, ask about the federal continuation route and the Marketplace instead.
Where I read this
- West Virginia Code 33-16-3: required group policy provisions — West Virginia Legislature, read September 10, 2026
- West Virginia Code 33-16-1: applicability of the group article — West Virginia Legislature, read September 10, 2026
