North Carolina General Statutes 58-53-41. Extension of election period and effect on coverage
(a) Definitions. – As used in this section, the following terms have the meanings specified:
(1) “Act” means the federal American Recovery and Reinvestment Act of 2009, P.L. 111-5, effective February 17, 2009.
Terms Used In North Carolina General Statutes 58-53-41
- employee: includes an insured spouse or dependent of a member or of an employee. See North Carolina General Statutes 58-53-1
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Group policy: means a group accident and health insurance policy issued by an insurance company and a group contract issued by a service corporation or health maintenance organization or similar corporation or organization. See North Carolina General Statutes 58-53-1
(2) “Assistance eligible individual” has the same meaning as found in section 3001 of the Act.
(b) An employee or member who does not have an election of continuation coverage, as described in this Part, in effect on June 8, 2009, but who would be an assistance eligible individual under Title III of the Act if that election were in effect, may elect continuation coverage pursuant to the Part. The election shall be made no later than 60 days after the date the administrator of the group policy subject to this Part (or other entity involved) provides the notice required by section 3001(a)(7) of the Act. The administrator of the group policy subject to this Part (or other entity involved) shall provide such individuals with additional notice of the right to elect coverage pursuant to this section within 60 days after June 8, 2009.
(c) Continuation of coverage elected pursuant to subsection (b) of this section shall commence with the first period of coverage beginning on or after June 8, 2009, and shall not extend beyond the period of continuation coverage that would have been required under N.C. Gen. Stat. § 58-53-35 if the coverage had instead been elected pursuant to N.C. Gen. Stat. § 58-53-10.
(d) With respect to any individual electing continuation coverage pursuant to this section, the period beginning on the date of the qualifying event and ending on the date of the first period of coverage on or after June 8, 2009, shall be disregarded for purposes of determining the 63-day period referred to in N.C. Gen. Stat. § 58-68-30(c)(2)a. and N.C. Gen. Stat. § 58-51-17(a)(2)a. (2009-62, s. 1.)