Addition of children after death of spouse

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    (a)    This section applies to:

        (1)    each group or blanket health insurance policy that is issued or delivered in the State and provides coverage on an expense-incurred basis; and

        (2)    each group medical or major medical contract or certificate that is issued or delivered in the State by a nonprofit health service plan.

    (b)    Each policy, contract, or certificate subject to this section shall provide a benefit that allows the addition of a certificate holder’s or subscriber’s dependent children to the certificate holder’s or subscriber’s policy or contract at any time and without evidence of insurability if:

        (1)    the dependent children previously were covered under the policy or contract of the certificate holder’s or subscriber’s spouse; and

        (2)    the certificate holder’s or subscriber’s spouse has died.

    (c)    This section applies regardless of whether a certificate holder’s or subscriber’s dependent children are eligible for any continuation or conversion privileges under the policy or contract of the certificate holder’s or subscriber’s spouse.

    (d)    Within 6 months after the death of the spouse, the certificate holder or subscriber must exercise the benefit provided under this section.


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