376.892. Surviving spouse may continue coverage, when--divorced or separated spouse may continue coverage, when--services offered.

Surviving spouse may continue coverage, when--divorced or separatedspouse may continue coverage, when--services offered.

376.892. 1. Any policy, contract or plan offered, issuedor renewed in this state after August 28, 1993, providingcoverage for hospital or medical expenses, other than coveragelimited to expenses from accidents or specific diseases, shallcontain a provision that:

(1) The surviving spouse of a certificate holder maycontinue coverage under the policy, contract or plan, at thedeath of the certificate holder, with respect to the spouse andany dependent children whose coverage under the policy, contractor plan, otherwise would terminate because of the death of thecertificate holder if the surviving spouse is fifty-five years ofage or older at the time of the expiration of coverage providedby the federal Consolidated Omnibus Budget Reconciliation Act(COBRA); and

(2) The divorced or legally separated spouse of acertificate holder may continue coverage under the policy,contract or plan, upon dissolution of marriage with, or legalseparation from, the certificate holder, with respect to thedivorced or legally separated spouse and any dependent childrenwhose coverage under the policy, contract or plan, otherwisewould terminate because of the dissolution of marriage or legalseparation, if the divorced or legally separated spouse isfifty-five years of age or older at the time of the expiration ofcoverage provided by the federal Consolidated Omnibus BudgetReconciliation Act (COBRA).

2. Continued coverage for dental, vision care orprescription drug expenses shall be offered to legally separated,divorced or surviving spouses and any dependent children eligibleunder subsection 1 of this section if such coverage is or wasavailable to the certificate holder.

(L. 1993 H.B. 564 § 12)