Section 376.894

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS

Chapter 376

Effective - 28 Aug 1993   

  376.894.  Amount of premium, date of payment — termination of right of continuation of coverage, grounds. — If a legally separated, divorced or surviving spouse elects continuation of coverage under section 376.893:

  (1)  During the period of time covered by the federal Consolidated Omnibus Budget Reconciliation Act (COBRA), the monthly contribution for the premium shall not be greater than the amount that would be charged if the legally separated, divorced or surviving spouse were a current certificate holder of the group contract, policy or plan plus the amount that the group policyholder would contribute toward the premium if the legally separated, divorced or surviving spouse were a certificate holder of the group plan, plus an additional amount not to exceed two percent of the certificate holder and group plan holder contributions, for the cost of administration.  Once the period of time covered by the insurance premium provisions of the federal Consolidated Omnibus Budget Reconciliation Act (COBRA) has expired, the monthly contribution for the premium shall not be greater than the amount that would have been charged if the legally separated, divorced or surviving spouse were a current certificate holder of the group contract, policy or plan plus the amount that the group policyholder would contribute toward the premium if the legally separated, divorced or surviving spouse were a certificate holder plus an amount not to exceed twenty-five percent of the certificate holder and group plan holder contributions.  Such additional contributions shall be determined by each individual plan administrator and shall be subject to review by the Missouri department of commerce and insurance;

  (2)  The first premium shall be paid by the legally separated, divorced or surviving spouse within forty-five days of the date of the election;

  (3)  The right to continuation of coverage shall terminate upon the earliest of any of the following:

  (a)  The failure to pay premiums when due, including any grace period allowed by the policy;

  (b)  The date that the group policy is terminated as to all group members except that if a different group policy is made available to group members, the legally separated, divorced or surviving spouse shall be eligible for continuation of coverage as if the original policy had not been terminated;

  (c)  The date on which the legally separated, divorced or surviving spouse becomes insured under any other group health plan;

  (d)  The date on which the legally separated, divorced or surviving spouse remarries and becomes insured under another group health plan; or

  (e)  The date on which the legally separated, divorced or surviving spouse attains his sixty-fifth birthday.

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(L. 1993 H.B. 564 § 14)