Section 175:110I - Divorced or separated spouses; continued health insurance coverage(a) In the event of the granting of a judgment absolute of divorce or of separate support to which a member of a group hospital, surgical, medical, or dental insurance plan provided for in section one hundred and ten is a party, the person who was the spouse of said member prior to the issuance of such judgment shall be and remain eligible for benefits under said plan, whether or not said judgment was entered prior to the effective date of said plan, without additional premium or examination therefor, as if said judgment had not been entered; provided, however, that such eligibility shall not be required if said judgment so provides. Such eligibility shall continue through the member's participation in the plan until the remarriage of either the member or such spouse, or until such time as provided by said judgment, whichever is earlier. The provision of this section shall apply to any policy issued or renewed within or without the commonwealth and which covers residents of the commonwealth.(b) In the event of the remarriage of the group plan member referred to in subsection (a), the former spouse thereafter shall have the right, if so provided in said judgment, to continue to receive benefits as are available to the member, by means of the addition of a rider to the family plan or the issuance of an individual plan, either of which may be at additional premium rates determined by the commissioner of insurance to be just and reasonable in accordance with the additional insuring risks involved.(c) The name, address, and policy number of a person eligible for health insurance coverage pursuant to subsections (a) or (b) if available shall be forwarded by such insurance company to the department of public welfare within thirty days of the date when coverage of said person under said subsections is commenced.(d) Notice of cancellation of coverage of the divorced or separated spouse of a member shall be mailed to such divorced or separated spouse at such person's last known address, together with notice of the right to reinstate coverage retroactively to the date of cancellation.(e) Claims paid on behalf of a divorced or separated spouse or on behalf of a dependent who is not residing with the member shall be paid to the physician, hospital or other provider of covered services or to the person on whose behalf such services were performed, unless the person is a minor child. In the event the person on whose behalf such services were performed is a minor, payment shall be made to the physician, hospital or other provider of such services or to the parent or custodian with whom the child resides.(f) If a judgment or order for child support provides that a member of a group hospital, surgical, medical or dental insurance plan provided for in section 110 is required to provide health care coverage for his child, the insurance company administering the plan shall: (1) comply with the terms of the national medical support notice sent pursuant to section 12 of chapter 119A;(2) provide notice of cancellation or adjustment of coverage to the child's custodial parent or legal guardian concurrent with notice to the member; and(3) accept the designation of the state secretary as agent for the child or the child's custodial parent or legal guardian for service of process and for receipt of first class mail, pursuant to the address confidentiality program established pursuant to chapter 9A.Mass. Gen. Laws ch. 175, § 110I
Amended by Acts 2003, c. 9, § 36, eff. 4/1/2003.