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PARRIS N. GLENDENING, Governor
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H.B. 91
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(i) was under a COBRA continuation provision, and the coverage
under that provision was exhausted; or
(ii) was not under a COBRA continuation provision, and either the
coverage was terminated as a result of loss of eligibility for the coverage, including
loss of eligibility as a result of legal separation, divorce, death, termination of
employment, or reduction in the number of hours of employment, or employer
contributions towards the coverage were terminated[.]; AND
(4) UNDER THE TERMS OF THE PLAN, THE EMPLOYEE REQUESTS
ENROLLMENT NOT LATER THAN 30 DAYS AFTER:
(I) THE DATE OF EXHAUSTION OF COVERAGE DESCRIBED IN ITEM
(3)(I) OF THIS SUBSECTION; OR
(II) TERMINATION OF COVERAGE OR TERMINATION OF EMPLOYER
CONTRIBUTIONS DESCRIBED IN ITEM (3)(II) OF THIS SUBSECTION.
15-1406.1.
(A) IN THIS SECTION, "INDIVIDUAL" "ELIGIBLE EMPLOYEE" MEANS:
(1) A PARTICIPANT UNDER THE GROUP HEALTH BENEFIT PLAN; OR
(2) A PERSON AN INDIVIDUAL WHO:
(I) HAS MET ANY WATTING PERIOD APPLICABLE TO BECOMING A
PARTICIPANT UNDER THE GROUP HEALTH BENEFIT PLAN;
(II) IS ELIGIBLE TO BE ENROLLED UNDER THE PLAN; AND
(III) IS NOT A PARTICIPANT IN THE GROUP HEALTH BENEFIT PLAN
BECAUSE OF FAILURE TO ENROLL DURING A PREVIOUS ENROLLMENT PERIOD.
(B) THIS SECTION APPLIES IF A GROUP HEALTH BENEFIT PLAN MAKES
COVERAGE AVAILABLE TO DEPENDENTS OF AN INDIVIDUAL ELIGIBLE EMPLOYEE.
(C) A GROUP HEALTH BENEFIT PLAN SUBJECT TO THIS SECTION SHALL
PROVIDE A SPECIAL ENROLLMENT PERIOD DURING WHICH THE FOLLOWING
PERSONS INDIVIDUALS MAY BE ENROLLED UNDER THE GROUP HEALTH BENEFIT
PLAN:
(1) A PERSON AN INDIVIDUAL WHO BECOMES A DEPENDENT OF THE
INDIVIDUAL AN ELIGIBLE EMPLOYEE THROUGH MARRIAGE, BIRTH, ADOPTION, OR
PLACEMENT FOR ADOPTION;
(2) AN INDIVIDUAL ELIGIBLE EMPLOYEE WHO ACQUIRES A NEW
DEPENDENT THROUGH MARRIAGE, BIRTH, ADOPTION, OR PLACEMENT FOR
ADOPTION; AND
(3) THE SPOUSE OF AN INDIVIDUAL ELIGIBLE EMPLOYEE AT THE BIRTH
OR ADOPTION OF A CHILD, PROVIDED THE SPOUSE IS OTHERWISE ELIGIBLE FOR
COVERAGE.
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- 4261 -
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