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State RegulationsOH specificDifficulty 3/5

A Dayton employer with a small workforce is not subject to the federal COBRA statute (29 U.S.C. 1161). When an employee of this employer terminates employment, Ohio law still provides that the employee may continue the group hospital, surgical, or medical coverage for:

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Answer & full 3-part explanation (select an option above, or peek)

Why C is correct

Ohio's state continuation law, ORC 3923.38, stands on its own: an eligible employee of an employer not covered by federal COBRA (29 U.S.C. 1161) may still continue group hospital, surgical, or medical coverage for 12 months after termination, provided the statutory prerequisites are met. The 18-month and 36-month figures belong to the federal regime and never replace the 12-month Ohio period.

Why the other options are wrong

  • A) 36 months is the longest federal COBRA period; it does not apply through ORC 3923.38.
  • B) 18 months is the standard federal COBRA period; the Ohio state period under ORC 3923.38 is 12 months.
  • D) 6 months understates the 12-month continuation period ORC 3923.38 grants.

Memory hook

No federal COBRA? Ohio still fills the gap — 12 months under ORC 3923.38.

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