HB37 (2006) Detail

Relative to health insurance coverage for full-time students on medical leaves of absence.


CHAPTER 321

HB 37-FN – FINAL VERSION

04Jan2006… 0095h

04/06/06 1481s

24May2006… 2271cofc

24May2006… 2394eba

2006 SESSION

05-0294

01/10

HOUSE BILL 37-FN

AN ACT relative to health insurance coverage for full-time students on medical leaves of absence.

SPONSORS: Rep. Infantine, Hills 13; Rep. Baroody, Hills 13; Rep. Hebert, Hills 17; Rep. Hirschman, Hills 17; Rep. Aboshar, Hills 13

COMMITTEE: Commerce

AMENDED ANALYSIS

This bill extends health insurance coverage to full-time students on medical leaves of absence. This bill shall be known as “Michelle’s Law.”

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04Jan2006… 0095h

04/06/06 1481s

24May2006… 2271cofc

24May2006… 2394eba

05-0294

01/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT relative to health insurance coverage for full-time students on medical leaves of absence.

Be it Enacted by the Senate and House of Representatives in General Court convened:

321:1 Name of Act. This act shall be known as “Michelle’s Law” in honor of Michelle Morse, the young Manchester woman who died recently and who battled both cancer and insurance company rules that threatened her health care coverage.

321:2 Individual Insurance Policies; Dependent Children. Amend RSA 415:5, I(3-a) to read as follows:

(3-a)(a) The coverage of any family member insured by such policy, pursuant to subparagraph (3), who is mentally or physically incapable of earning his or her own living on the date as of which such dependent’s status as a covered family member would otherwise expire because of age, shall continue under such policy while such policy remains in force or is replaced by another policy as long as such incapacity continues and as long as said dependent remains chiefly financially dependent on the policyholder or the employee or his or her estate is chargeable for the care of said dependent, provided that due proof of such incapacity is received by the insurer within 31 days of such expiration date. If such coverage is continued in accordance with this subparagraph, such dependent shall be entitled upon the termination of such incapacity to a converted policy in accordance with and subject to the terms and conditions of the conversion privilege clause if such privilege is afforded by the policy, provided that such dependent has not attained the limiting age, if any, for coverage of adults specified in the policy;

(b) If the coverage for dependent children under subparagraph (3) includes coverage for dependent children who are full-time students, as defined by the appropriate educational institution, beyond the age of 18, such dependent coverage shall include coverage for a dependent’s medically necessary leave of absence from school for a period not to exceed 12 months or the date on which coverage would otherwise end pursuant to the terms and conditions of the policy, whichever comes first. Any breaks in the school semester shall not disqualify the dependent child from coverage under this subparagraph. Documentation and certification of the medical necessity of a leave of absence shall be submitted to the insurer by the student’s attending physician and shall be considered prima facie evidence of entitlement to coverage under this subparagraph. The date of the documentation and certification of the medical necessity of a leave of absence shall be the date the insurance coverage under this subparagraph commences; and

321:3 Group Insurance Policies; Dependent Children. Amend RSA 415:18, V to read as follows:

V.(a) The coverage of any dependent of any employee or member of the group insured by such policy, pursuant to paragraph IV, who is mentally or physically incapable of earning his or her own living on the date as of which such dependent’s status as a covered family member would otherwise expire because of age, shall continue under such policy while such policy remains in force or is replaced by another group or blanket policy as long as such incapacity continues and as long as said dependent remains chiefly financially dependent on the employee or member of the group or the employee or his or her estate is chargeable for the care of said dependent, provided that due proof of such incapacity is received by the insurer within 31 days of such expiration date. If such coverage is continued in accordance with this paragraph, such dependent shall be entitled upon the termination of such incapacity to a converted policy in accordance with and subject to the terms and conditions of the conversion privilege clause if such privilege is afforded by the policy, provided that such dependent has not attained the limiting age if any for coverage of adults specified in the policy.

(b) If the coverage for dependent children under paragraph IV includes coverage for dependent children who are full-time students, as defined by the appropriate educational institution, beyond the age of 18, such dependent coverage shall include coverage for a dependent’s medically necessary leave of absence from school for a period not to exceed 12 months or the date on which coverage would otherwise end pursuant to the terms and conditions of the policy, whichever comes first. Any breaks in the school semester shall not disqualify the dependent child from coverage under this subparagraph. Documentation and certification of the medical necessity of a leave of absence shall be submitted to the insurer by the student’s attending physician and shall be considered prima facie evidence of entitlement to coverage under this subparagraph. The date of the documentation and certification of the medical necessity of a leave of absence shall be the date the insurance coverage under this subparagraph commences.

321:4 Effective Date. This act shall take effect upon its passage.

Approved: June 22, 2006

Effective: June 22, 2006