§ 15-404. Addition of children after death of spouse

   (a) Scope of section. -- 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) In general. -- 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) Continuation or conversion privileges immaterial. -- 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) Time limit. -- Within 6 months after the death of the spouse, the certificate holder or subscriber must exercise the benefit provided under this section.

HISTORY: An. Code 1957, art. 48A, § 354BB, 477BB; 1997, ch. 35, § 2.