§ 27-20.4-1 - Continuation of health plan coverage for former spouse.
SECTION 27-20.4-1
§ 27-20.4-1 Continuation of health plancoverage for former spouse. – (a) In the event of a final judgment of divorce, whether absolute or otherwise,where one party to the divorce was at the time of the entry of the judgment fordivorce a member of a health plan providing family coverage regulated underchapters 18, 19, 20, or 20.1 of this title and § 42-62-13, or a member ofa health maintenance organization as defined in § 42-62-4(5), or anysimilar health plan whether regulated under these chapters and sections or not,the person who was the spouse of the party prior to the entry of judgment fordivorce may remain eligible for continuing benefits under the plan and healthmaintenance organization without additional premium or examination if the orderis included in the judgment when entered. The eligibility shall continue aslong as the original member is a participant in the plan or health maintenanceorganization and until either one of the following shall take place: (1) theremarriage of either party to the divorce, or (2) until a time as provided bythe judgment for divorce. If the person who was the spouse of a member of aplan or health maintenance organization as set forth in this subsection becomeseligible to participate in a comparable plan or health maintenance organizationthrough his or her own employment, the continuation of the original plancoverage shall cease. Any final decree continuing family health insurance shallrequire both the member and the spouse to notify the insurer promptly of anyremarriage.
(b) The person who was the spouse and remains eligible forcontinuing benefits under the provisions of this section or any custodialguardian of an insured minor child of the original member, having paid forcovered medical costs subject to reimbursement, shall be reimbursed directly bythe insurer upon the filing of the claim. The insurer shall not require thatthe claim be filed through the insured member, but must allow for direct filing.