Connecticut Seal

General Assembly

 

Raised Bill No. 5535

February Session, 2012

 

LCO No. 2439

 

*02439_______JUD*

Referred to Committee on Judiciary

 

Introduced by:

 

(JUD)

 

AN ACT CONCERNING CONTINUATION OF HEALTH INSURANCE COVERAGE AFTER A DIVORCE OR LEGAL SEPARATION.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2012) (a) At the time of entering a decree annulling or dissolving a marriage or for legal separation pursuant to a complaint under section 46b-45 of the general statutes, the Superior Court may order a party who is insured under, or a subscriber of, a group health insurance policy or plan in this state that provides coverage of the type specified in subdivision (1), (2), (4), (11) or (12) of section 38a-469 of the general statutes, to maintain health insurance for the benefit of the other party. The party who is the spouse of the insured or subscriber party shall remain eligible for benefits under such group health insurance policy or plan without additional premium or examination, as if such decree had not been entered, provided such eligibility shall be in accordance with the terms of the court's decree. Except as provided in subsection (b) of this section, eligibility for health insurance coverage under this subsection shall continue until the earliest of the following events: (1) The period of time specified in the decree, (2) as long as the insured or subscriber party remains eligible for benefits under such group health insurance policy or plan, or (3) until the remarriage of other party.

(b) At the time of entering a decree annulling or dissolving a marriage or for legal separation pursuant to a complaint under section 46b-45 of the general statutes, the Superior Court may order a party who is insured under, or a subscriber of, a group health insurance policy or plan in this state that provides coverage of the type specified in subdivision (1), (2), (4), (11) or (12) of section 38a-469 of the general statutes, to maintain health insurance coverage for the benefit of the other party, in the event the insured or subscriber party subsequently remarries. The entry of an order for such continued health insurance coverage shall be subject to the insured or subscriber party's ability to continue to maintain health insurance benefits for his or her former spouse through the addition of a rider to a family plan or the issuance of an individual plan. Any additional premiums required to provide continued health insurance coverage under this subsection shall be determined by the Insurance Commissioner and shall be reasonably related to the additional risks involved in maintaining such coverage. In order to effectuate continued health insurance coverage under this subsection, the Superior Court may enter an order apportioning the costs of maintaining such coverage between the parties to the decree.

(c) Notice of the cancellation of the group health insurance coverage of the insured or subscriber party to a dissolution or legal separation shall be provided to a former spouse of such party receiving continued health insurance coverage pursuant to the provisions of this section. The notice shall comply with the requirements prescribed in section 38a-537 of the general statutes and shall be mailed or delivered to the last-known address of the former spouse receiving continued health insurance coverage.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2012

New section

Statement of Purpose:

To provide continued health insurance coverage to parties to a divorce or legal separation.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]