Manner and period for enrolling dependent of covered employee; period of special enrollment.
1. A health benefit plan and a carrier of such a plan that makes coverage available to the dependent of a covered employee shall permit the employee to enroll a dependent after the close of a period of open enrollment if:
(a) The employee is a participant in the health benefit plan, or has met any waiting period applicable to becoming a participant and is eligible to be enrolled under the plan, except for a failure to enroll during a previous period of open enrollment; and
(b) The person to be enrolled became a dependent of the employee through marriage, birth, adoption or placement for adoption.
2. The health benefit plan or carrier shall provide a period of special enrollment for the enrollment of a dependent of an employee pursuant to this section. Such a period must be not less than 30 days and must begin on:
(a) The date specified by the health benefit plan or carrier for the period of special enrollment; or
(b) The date of the marriage, birth, adoption or placement for adoption, as appropriate.
3. If an employee seeks to enroll a dependent during the first 30 days of the period for special enrollment provided pursuant to subsection 2, the coverage of the dependent becomes effective:
(a) In the case of a marriage, not later than the first day of the first month beginning after the date on which the completed request for enrollment is received;
(b) In the case of a birth, on the date of the birth; and
(c) In the case of an adoption or placement for adoption, on the date of the adoption or the placement for adoption.
4. In the case of a birth, an adoption or a placement for adoption of a child of an employee, the spouse of the employee may be enrolled as a dependent pursuant to this section if the spouse is otherwise eligible for coverage under the health benefit plan.
Last modified: February 27, 2006