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Current as of January 01, 2024 | Updated by FindLaw Staff
A. A group health plan shall provide for a dependent special enrollment period described in Subsection B of this section during which a person may be enrolled under the plan as a dependent of the individual, and in the case of the birth or adoption of a child, the spouse of the individual may be enrolled as a dependent of the individual if the spouse is otherwise eligible for coverage, if:
(1) the plan makes coverage available to a dependent of an individual;
(2) the individual is a participant under the plan or has met any waiting period applicable to becoming a participant and is eligible to be enrolled under the plan but for a failure to enroll during a previous enrollment period; and
(3) the person has become the dependent of the individual through marriage, birth, adoption or placement for adoption.
B. A dependent special enrollment period pursuant to this subsection shall be for a period of not less than thirty days and shall begin on the later of:
(1) the date dependent coverage is made available; or
(2) the date of the marriage, birth, adoption or placement for adoption described in Subsection A of this section.
C. If an individual seeks to enroll a person as a dependent during the first thirty days of a dependent special enrollment period, the coverage of the dependent becomes effective:
(1) in the case of marriage, not later than the first day of the first month beginning after the date the completed request for enrollment is received;
(2) in the case of birth, as of the date of the birth; or
(3) in the case of adoption or placement for adoption, the date of the adoption or placement.
Cite this article: FindLaw.com - New Mexico Statutes Chapter 59A. Insurance Code § 59A-23E-9. Group health plan; special enrollment periods for dependent beneficiaries - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-59a-insurance-code/nm-st-sect-59a-23e-9/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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