1998 Minnesota Statutes

     62A.20 Continuation coverage of current spouse and 
  children. 

    Subdivision 1.    Requirement.  Every policy of accident 
 and health insurance providing coverage of hospital or medical 
 expense on either an expense-incurred basis or other than an 
 expense-incurred basis, which in addition to covering the 
 insured also provides coverage to the spouse and dependent 
 children of the insured shall contain: 

    (1) a provision which permits the spouse and dependent 
 children to elect to continue coverage when the insured becomes 
 enrolled for benefits under Title XVIII of the Social Security 
 Act (Medicare); and 

    (2) a provision which permits the dependent children to 
 continue coverage when they cease to be dependent children under 
 the generally applicable requirement of the plan. 

    Subd. 2.    Continuation privilege.  The coverage 
 described in subdivision 1 may be continued until the earlier of 
 the following dates: 

    (1) the date coverage would otherwise terminate under the 
 policy; 

    (2) 36 months after continuation by the spouse or dependent 
 was elected; or 

    (3) the spouse or dependent children become covered under 
 another group health plan. 

    If coverage is provided under a group policy, any required 
 premium contributions for the coverage shall be paid by the 
 insured on a monthly basis to the group policyholder for 
 remittance to the insurer.  In no event shall the amount of 
 premium charged exceed 102 percent of the cost to the plan for 
 such period of coverage for other similarly situated spouse and 
 dependent children to whom subdivision 1 is not applicable, 
 without regard to whether such cost is paid by the employer or 
 employee. 

    HIST: 1987 c 337 s 51