Rhode Island Health Insurance Continuation Act
The Rhode Island Health Insurance Continuation Act is a state law that allows a person who was covered by her spouse's health insurance to continue that coverage after divorcing that spouse and "without additional premium or examination." Certain conditions apply, however.
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Continuation
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Provisions of the act apply if the person originally covered remains covered by the plan or health maintenance organization after the divorce. In that case, the coverage for his ex-spouse can continue until either one of them remarries, or until the ex-spouse becomes eligible for comparable coverage through her own employment, or until a time specified in the final judgment of divorce.
Order Requirement
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For the coverage to continue pursuant to the act, the continuation of coverage must be included as an order in the final judgment of divorce when that judgment is entered.
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Applicability
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The Rhode Island Supreme Court has held that the act applies "whenever a party to a divorce is ordered to continue health care coverage to his or her former spouse."
ERISA pre-emption
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According to HG, a website that focuses on government law, a case ruling in a Rhode Island federal court established that the Rhode Island Health Insurance Continuation Act is pre-empted by the federal Employment Retirement Income Security Act (ERISA).
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References
- State of Rhode Island General Assembly: State of Rhode Island General Laws, Title 27 Insurance, Chapter 27-20.4 Insurance Continuation Act, Section 27-20.4-1
- Judiciary of Rhode Island: Opinions, Helen J. L'Heureux v. David L. L'Heureux
- "HG.org Worldwide Legal Directories": Divorce and Health Insurance in Rhode Island; David S. Slepkow; February 2010
