40-2262. Continuation of coverage under American recovery and reinvestment act of 2009; requirements; conditions.
40-2262
40-2262. Continuation of coverage under Americanrecovery and reinvestment act of 2009; requirements; conditions.(a) An individual who qualifies asan assistance eligible individual on or after March 1, 2009, under theAmerican recovery and reinvestment act of 2009 may elect specialassisted continuation of coverage as provided in the American recovery andreinvestment act of 2009.
(b) An individual who does not have continuation of coverage asdescribed in K.S.A. 40-2209(i), and amendments thereto, in effect on March 1,2009, but who would be an assistance eligible individual under the Americanrecovery and reinvestment act of 2009 if such assistance had been in effect,may elect special assisted continuation of coveragepursuant to this subsection.
(c) The employer of the terminated employee shall provide the additionalnoticeof the right toelect coverage pursuant to this section as required by the Americanrecovery and reinvestment act of 2009.
(d) Election as required by the American recovery andreinvestment act of 2009 shall be made by an assistance eligibleindividual to the insurer.
(e) Special assisted continuation of coverage elected pursuant tothis section shall commence with the firstperiod of assisted continuation of coverage beginning on or after thedate of the enactment of the American recovery and reinvestment actof 2009 and shall extend for the period of special assistedcontinuation of coverage allowed by the American recovery andreinvestment act of 2009 and amendments thereto.
(f) With respect to individuals who elect special assistedcontinuation coverage pursuant to this section, the 18 monthsof continuation coverage required by K.S.A. 40-2209(i), andamendments thereto, shall commence on the date an individualqualifies for continuation of coverage and shall terminate 18months thereafter with the period of special assisted continuationcoverage included therein.
(g) With respect to an individual who elects special assistedcoverage pursuant to this section, any preexisting conditionsarising between the date of the qualifying event andending with the first period of coverage beginning on or after the dateof the enactment of the American recovery and reinvestment act of2009 shall be disregarded for the purpose of determining the63-day period referred to in K.S.A. 40-2209(a)(8)(L), and amendments thereto.
(h) An individual applying for special assisted continuationcoverage must provide the individual's social security number to theinsurer.
(i) Premiums for special assistance continuation of coverage shallbe paid by the assistance eligible individual to the insurance carrier.
(j) An individual eligible for assisted continuation of coverage whoelects such coverage shall be entitled to the premium subsidyprovided in the American recovery and reinvestment act of 2009, andamendments thereto, so long as they meet the requirements forspecial assisted continuation coverage pursuant to the termsof the American recovery and reinvestment act of 2009.
(k) The insurer shall pay the subsidy required by the Americanrecovery and reinvestment act of 2009, and amendments thereto.Such insurer shall have the right to reimbursement for the subsidyas set forth in the American recovery and reinvestment act of 2009.
(l) In all cases in which an individual described above pays thepremium for continuation of coverage, the individual shall have theright to continuation of coverage for 18 months as set forth inK.S.A. 40-2209(i), and amendments thereto, with any period ofpremium subsidy counted toward that individual's period ofcontinuation of coverage. In no case, shall an individual be entitled tomore than 18 months of continuing of coverage or more thannine months of special assisted continuing coverage.
(m) The provisions of this section shall expire on January 1, 2011.
History: L. 2009, ch. 83, § 28; Apr. 23.