376.428. Federal COBRA provisions to apply to group health insurance policies.
Federal COBRA provisions to apply to group health insurance policies.
376.428. 1. A group policy delivered or issued for delivery in thisstate by a health carrier or health benefit plan, as defined in section376.1350, which insures employees or members and their eligible dependentsfor hospital, surgical or major medical insurance on an expense-incurred orservice basis, other than for specific diseases or for accidental injuriesonly, shall provide that employees or members whose coverage under thegroup policy, which includes coverage for their eligible dependents, wouldotherwise terminate because of termination of employment or membershipshall be entitled to continue their hospital, surgical or major medicalcoverage, including coverage for their eligible dependents, under thatgroup policy in the same manner as continuation of coverage is requiredunder the continuation of coverage provisions set forth in the federalConsolidated Omnibus Budget Reconciliation Act (COBRA), as amended.
2. The spouse of an employee or member whose coverage under the grouppolicy would otherwise terminate due to dissolution of marriage or death ofthe employee or member shall have the same continuation privilege accordedunder sections 376.421 to 376.442, 376.694 to 376.696, and 376.779 to theemployee or member upon termination of employment or membership.
3. The right to a converted policy pursuant to sections 376.395 to376.404 for an employee or member entitled to continuation of coverageunder sections 376.421 to 376.442, 376.694 to 376.696, and 376.779 shallcommence upon termination of the continued coverage provided for insections 376.421 to 376.442, 376.694 to 376.696, and 376.779.
4. This section shall only apply to those persons who are not subjectto the continuation and conversion provisions set forth in Title I,Subtitle B, Part 6 of the Employment Retirement Income Security Act of 1974or Title XXII of the Public Health Service Act, as said acts were in effecton January 1, 1987.
(L. 1985 H.B. 623, A.L. 1987 S.B. 337, A.L. 1988 H.B. 1242 Revision, A.L. 1991 H.B. 385, et al., A.L. 2009 H.B. 231)Effective 6-26-09