44-6911. Late enrollee, defined.
Late enrollee means an eligible employee or dependent who requests enrollment in a health benefit plan following the initial enrollment period during which the individual is entitled to enroll under the terms of the health benefit plan if the initial enrollment period is a period of at least thirty days. An eligible employee or dependent shall not be considered a late enrollee if:
(1) The individual meets each of the following:
(a) The individual was covered under creditable coverage at the time of the initial enrollment;
(b) The individual lost coverage under creditable coverage as a result of termination of employment or eligibility, reduction in the number of hours of employment, the involuntary termination of the creditable coverage, death of a spouse, divorce, or legal separation; and
(c) The individual requests enrollment within thirty days after termination of the creditable coverage;
(2) The individual is employed by an employer which offers multiple health benefit plans and the individual elects a different plan during an open enrollment period;
(3) A court has ordered coverage be provided for a spouse or minor or dependent child under a covered employee's health benefit plan and request for enrollment is made within thirty days after issuance of the court order; or
(4) The individual had coverage under a COBRA continuation provision and the coverage under that provision was exhausted.
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