North Carolina General Statutes 58-53-50. Restrictions
A converted policy shall not be available to an employee or member if termination of his insurance under the group policy occurred because:
(1) Of termination of employment or membership and either he was not entitled to continuation of group coverage under Part 1 of this Article or failed to elect such continuation;
Terms Used In North Carolina General Statutes 58-53-50
- converted policy: means an individual health insurance policy issued by an insurance company or an individual contract issued by a service corporation or health maintenance organization or similar corporation or organization. See North Carolina General Statutes 58-53-1
- 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
- Insurer: means the entity issuing a group policy or an individual or converted policy. See North Carolina General Statutes 58-53-1
(2) He failed to make timely payment of any required contribution for the cost of continuation of insurance;
(3) He had not been continuously covered under the group policy or for similar benefits under any other group policy that it replaced during the period of three consecutive months immediately prior to termination of active employment ending with such termination;
(4) The group policy terminated or an employer’s participation terminated, and the insurance is replaced by similar coverage under another group policy within 31 days of date of termination; or
(5) He failed to continue his insurance for the entire maximum period of 18 months following termination of active employment as provided for in Part 1 of this Article, unless that failure to continue was because of change of insurer by the employer and the change of insurer was consummated during the one year continuation period. In that event the employee or member shall be entitled to be issued a converted policy by the insurer that provided the group policy to the employer before the change of insurer. (1981, c. 706, s. 1; 1983, c. 142, s. 3; 1993 (Reg. Sess., 1994), c. 569, s. 9; 1997-259, s. 13.)