§1045.  Group, blanket, and association health and accident insurance; continuation of coverage

A.  Each group, blanket, or association insurance policy containing provisions for payment by the insurer of benefits for expenses incurred for hospital, nursing, medical, or surgical services, issued or renewed in this state on or after September 9, 1983, shall include within its provisions the following:

(1)  An option for all surviving spouses, that are fifty years of age or greater, of deceased employees covered by the group plan by virtue of their family relationship to a group member to continue as a member of the group plan when their eligibility for group coverage ceases due to death of the employee-member.

(2)  The continuation option provided for above shall not be conditioned upon any physical examination.

(3)  The continuation option shall entitle the surviving spouse to coverage identical in scope to that provided for under the group plan.

(4)  The policyholder shall be responsible for billing and collection of the premium; however, the premium amount shall not exceed the premium assessed for each group member under the group insurance policy.  The premium shall be based upon the community costs of the pool of members of the group insurance policy, family members, or dependents covered under the group policy.

(5)  The surviving spouse shall have ninety days after the date of death to notify the insurer that the continuation option will be exercised.  Coverage under the group insurance plan shall not be terminated during the ninety day notification period.  No probationary or waiting period shall be required.

(6)  If the continuation option is exercised, coverage of the surviving spouse under the group plan shall continue without interruption and may not be terminated, unless one of the following occurs:

(a)  The insured fails to make timely payment of the required premium amount.

(b)  The insured becomes eligible for Medicare benefits.

(c)  The insured becomes eligible to participate in another group health and accident insurance plan.

(d)  The insured remarries.

B.  If the insurer has been furnished with the home address of the surviving spouse and has been notified of the death of the employee by the policy owner, the insurer shall notify the surviving spouse of the right to the continuation option.

C.  This Section shall not be construed to interfere with or diminish any protection already provided pursuant to collective bargaining agreements and employer-sponsored plans that are more favorable to the surviving spouses benefited thereby than the protection offered by this Section.

Added by Acts 1983, No. 513, §1; Acts 2003, No. 129, §1, eff. May 28, 2003; Redesignated from R.S. 22:215.7 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.