Revision: Jan. 1, 2008, midnight
HB 1296 – AS INTRODUCED
2008 SESSION
01/09
HOUSE BILL 1296
AN ACT relative to health insurance coverage in the event of divorce or legal separation.
SPONSORS: Rep. Hunt, Ches 7; Rep. Chandler, Carr 1
This bill repeals the requirement of continuation of group health insurance in the event of divorce or legal separation.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
08-2317
01/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to health insurance coverage in the event of divorce or legal separation.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Termination of Coverage; Definition. Amend RSA 415:18, XV(c) to read as follows:
(c) “Individual” means any person covered under a group health plan, including but not limited to, the covered employee, the spouse of the covered employee, whether surviving, dependent, former dependent, [divorced] or legally separated; or the dependent child of the employee, and any other person including a child born or placed for adoption with the covered employee, who is covered under a group health plan through the employment relationship.
2 Termination of Coverage; Divorce or Legal Separation. Amend RSA 415:18, XVI(c)(4)(B) to read as follows:
(B) The divorce or the legal separation of the covered employee [or, if the employee’s former spouse has been covered pursuant to RSA 415:18, VII-b, the first occurring of any of the following events:
(i) The remarriage of the covered employee;
(ii) The death of the covered employee;
(iii) The 3-year anniversary of the final decree of divorce or legal separation; or
(iv) Such earlier time as provided by said decree];
3 Termination of Coverage; Divorce or Legal Separation. Amend RSA 415:18, XVI(g)(2) to read as follows:
(2) Where the employee’s spouse is also covered by the group plan, and there is a divorce or legal separation, the employee shall notify the employer of the divorce or separation within 30 days, and shall provide the employer and carrier with the employee’s spouse’s mailing address. In case of a divorce or legal separation, the carrier shall provide a separate notice of the right to continue to the divorced or separated spouse. The divorced or separated spouse may elect to continue coverage [pursuant to this section] by notifying the carrier within 45 days of the date of the notice and remitting the premium payment. [The notice and election provisions of this paragraph shall also apply if the divorced or legally separated spouse of the employee has been covered pursuant to RSA 415:18, VII-b, upon the occurrence of any of the following events:
(A) The remarriage of the employee;
(B) The death of the employee;
(C) The 3-year anniversary of the final decree of divorce or legal separation; or
(D) Such earlier time as provided by the final decree of divorce or legal separation.]
4 Termination of Coverage; Divorce or Legal Separation. Amend RSA 415:18, XVI(g)(4) to read as follows:
(4) Where an individual declines the right to continue coverage [pursuant to this section], waiver shall be made by an affirmative means of declination, including but not limited to written declination of continuation coverage or electronic contact to the employer or plan administrator. An individual shall have the right to revoke the notice of declaration anytime within the specified election period.
5 Termination of Coverage; Divorce or Legal Separation. Amend the introductory paragraph of RSA 415:18, XVI(h) to read as follows:
(h) End of Continuation Coverage. Nothing in this paragraph shall require a carrier to continue coverage [pursuant to this section] beyond:
6 Group Health Insurance Plans. Amend RSA 458:18-a to read as follows:
458:18-a Group Insurance Plans. Upon a decree of nullity[,] or divorce, [or legal separation,] if one spouse is a member of a group health insurance plan and the employer or any other sponsor is responsible for the payment of the premium required by the insurer as the consideration for providing coverage to an ex-spouse, such premium shall be paid either by the health insurance plan member, the ex-spouse of the member, or by both the member and the ex-spouse as they shall agree or as shall be ordered in the decree of divorce by the court. The provisions of this section shall apply to dental coverage provided by such group health insurance plan and shall apply whether or not the ex-spouse is receiving child support payments. [This section shall apply only to continued coverage under RSA 415:18, XVI or 29 U.S.C. section 1161, and shall not affect or limit any rights of the former spouse under RSA 415:18, VII-b.]
7 Repeal. RSA 415:18, VII-b, relative to continuation of coverage in the event of divorce or legal separation, is repealed.
8 Effective Date. This act shall take effect 60 days after its passage.