56-7-2320 - Medicare eligibility as affecting coverage Persons who may claim conversion privilege.
56-7-2320. Medicare eligibility as affecting coverage Persons who may claim conversion privilege.
(a) The converted policy may provide for reduction of coverage on any person upon the person's eligibility for coverage under medicare under Title XVIII of the federal Social Security Act, compiled in 42 U.S.C. § 1395 et seq., or under any other state or federal law providing for benefits similar to those provided by the converted policy.
(b) Subject to the conditions set forth in subsection (a), the conversion privilege shall also be available to:
(1) The surviving spouse, if any, at the death of the employee or member, with respect to the spouse and the children whose coverage under the group policy terminates by reason of the death, otherwise to each surviving child whose coverage under the group policy terminates by reason of the death, or, if the group policy provides for continuation of dependents' coverage following the employee's or member's death, at the end of the continuation;
(2) The spouse of the employee or member upon termination of coverage of the spouse, while the employee or member remains insured under the group policy, by reason of ceasing to be a qualified family member under the group policy, with respect to the spouse and the children whose coverage under the group policy terminates at the same time;
(3) A child, solely with respect to the child, upon termination of the child's coverage by reason of ceasing to be a qualified family member under the group policy, if a conversion privilege is not otherwise provided with respect to the termination; and
(4) The spouse of the employee upon termination of coverage of the spouse by reason of termination of coverage of the employee or member because of eligibility for medicare.
[Acts 1980, ch. 537, § 1; 1992, ch. 984, § 1; T.C.A., § 56-7-1509.]