State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter44 > 44-7_103

44-7,103. Continuing coverage for childrento age thirty; requirements.(1) For purposes of this section, health benefit plan meansany expense-incurred individual or group sickness and accident insurance policy,health maintenance organization contract, subscriber contract, or self-fundedemployee benefit plan to the extent not preempted by federal law, except forany policy or contract that provides coverage only for excepted benefits asdefined in the federal Health Insurance Portability and Accountability Actof 1996, 29 U.S.C. 1191b, and regulations adopted pursuant to the act, assuch act and regulations existed on January 1, 2009, or any policy or contractthat provides coverage for a specified disease or other limited-benefit coverage.(2) Notwithstandingsection 44-3,131, any health benefit plan that provides coverage for childrenshall provide for continuing coverage for such children as follows:(a) If coverageunder the health benefit plan would otherwise terminate because a coveredchild ceases to be a dependent, ceases to be a full-time student, or attainsan age which exceeds the specified age at which coverage ceases pursuant tothe plan, the health benefit plan shall provide the option to the insuredto continue coverage for such child through the end of the month in whichthe child (i) marries, (ii) ceases to be a resident of the state, unless thechild is under nineteen years of age or is enrolled on a full-time basis inany college, university, or trade school, (iii) receives coverage under anotherhealth benefit plan or a self-funded employee benefit plan that is not includedin the definition of a health benefit plan under subsection (1) of this sectionbut provides similar coverage, or (iv) attains thirty years of age; and(b) The healthbenefit plan may require:(i) A written election from the insured; and(ii) An additionalpremium for the child. Such premium shall not vary based upon the health statusof the child and shall not exceed the amount the health benefit plan wouldreceive for an identical individual for a single adult insured. No employershall be required to contribute to any additional premium under this subdivision. SourceLaws 2009, LB551, § 3.