§ 28-33-44 - Continuation of health insurance benefits.
SECTION 28-33-44
§ 28-33-44 Continuation of healthinsurance benefits. – (a) No employer shall cancel but shall be obligated to continue to provide anyemployee's health insurance benefits for a period of two (2) years from thedate of the employee's receiving weekly compensation benefits pursuant to apreliminary determination or a decision of the workers' compensation court, orthe filing at the department of a memorandum of agreement or notice of directpayment for injuries occurring on or before February 28, 1986. The provisionsof this section shall not apply if:
(1) The employee is no longer receiving compensation pursuantto a preliminary determination or a decision of the workers' compensation court;
(2) Has accepted suitable alternative employment;
(3) Fails to pay any contribution toward the health carebenefits that he or she was required to pay prior to the injury;
(4) A petition for a commutation or a structured settlement,as defined in § 28-33-25, is granted;
(5) The employee is a beneficiary of an equivalent healthinsurance policy of his or her spouse; or
(6) The employee is employed in the construction industry andis a participant in a multi-employer welfare plan as defined in the EmployeeRetirement Income Security Act of 1974, 29 U.S.C. § 1002 et seq., andwhich the Internal Revenue Service has determined under the Internal RevenueCode, 26 U.S.C. § 101 et seq., is tax exempt as to contributions receivedand as to benefits received by its participants.
(b) In the event any employer fails to comply with theprovisions of this section, then the employer shall be liable for hospital andmedical costs that would have been paid by the hospital or medical insuranceplan afforded the employee had he or she been covered by the plan.
(c) The provisions of this section shall only apply to claimsfor injuries sustained on or after July 1, 1984.