{"data":{"id":"us-ky/krs-304.18-110","jurisdiction":"us-ky","citation":"KRS 304.18-110","heading":"Continuation of group coverage after termination of membership in","body":"group -- Notice of eligibility.\n(1) As used in this section:\n(a) \"Group policy\" means group health insurance policies as defined in KRS\n304.18-020 and blanket health insurance polici es which the commissioner, in\nhis or her discretion, designates as subject to this section, which:\n1. Affect the rights of a Kentucky insured and bear a reasonable relation to\nKentucky, regardless of whether delivered or issued for delivery in\nKentucky;\n2. Provide hospital or surgical expenses benefits, other than for a specific\ndisease or accidental injury only; and\n3. Are delivered, issued for delivery, or renewed after July 15, 2002;\n(b) \"Medicare\" means Title XVIII of the United States Social Security A ct as\namended or superseded.\n(2) Persons insured under group policies have the right upon termination of group\nmembership to continue coverage for themselves and their dependents upon\nmeeting the following conditions:\n(a) The group member has been covered by the group policy or any group policy\nit replaced for at least three (3) months; and\n(b) Notice is given to the insurer and payment of the group rate is made to the\ninsurer, by the group member, within thirty-one (31) days after notice pursuant\nto subsection (7) of this section.\n(3) Continued group health insurance coverage shall terminate on the earlier of:\n(a) The date eighteen (18) months after the date on which the group coverage\nwould otherwise have terminated because of termination of group\nmembership;\n(b) If the group member fails to make timely payment of premium to the\ninsurance company, the end of the period for which premium payment was\nmade; or\n(c) The date the group policy is terminated and is not replaced by another group\npolicy within thirty-one (31) days.\n(4) If a group policy is replaced, by a succeeding insurer, persons under the continued\ngroup health insurance shall remain covered under the p rior insurer's policy until it\nterminates in accordance with subsection (3) of this section.\n(5) The right to continue group health insurance coverage shall also be available:\n(a) To the surviving spouse, at the death of the group member, with respect to t he\nspouse and such children whose coverage under the group policy would\nterminate or terminates by reason of the death of the group member;\n(b) To a child solely with respect to himself or herself upon termination of\nmembership in the group or his or her c overage by reason of operation of the\nlimiting age of coverage under the group policy while covered as a dependent\nthereunder; or\n(c) To a former spouse for himself or herself and such children of whom he or she\nis awarded custody when coverage under the g roup policy would terminate or\nterminates by reason of termination of dependency as defined in the group\npolicy and resulting from an order dissolving the marriage entered by a court\nof competent jurisdiction.\n(6) Continuation of group health insurance cov erage need not be granted in the\nfollowing situations:\n(a) On the effective date of coverage, the applicant is or could be covered by\nMedicare;\n(b) On the effective date of coverage, the applicant is or could be covered by\nanother group coverage (insured or uninsured).\n(7) Notice of the right to continue group health insurance coverage shall be given as\nfollows:\n(a) For group policies delivered, issued for delivery, or renewed after July 15,\n2002, the insurer shall give written notice of the right to continue group health\ninsurance coverage to any group member entitled to continue coverage under\nthis section upon notice from the group policyholder that the group member\nhas terminated membership in the group. The thirty -one (31) day period of\nsubsection (2)(b) of this section shall not begin to run until the notice required\nby this paragraph is mailed or delivered to the last known address of the group\nmember;\n(b) If a group member becomes entitled to obtain continued health insurance\ncoverage, pursuant to thi s section, and the insurer fails to give the group\nmember written notice of the right, pursuant to this subsection, the insurer\nshall give written notice to the former group member as soon as practicable\nafter being notified of the insurer's failure to giv e written notice of\ncontinuation rights to the group member and such group member shall have an\nadditional period within which to exercise continuation or conversion rights.\nThe additional period shall expire sixty (60) days after written notice is\nreceived from the insurer. Written notice delivered or mailed to the last known\naddress of the group member shall constitute the giving of notice for the\npurpose of this paragraph. If a group member makes application and pays the\npremium for continued health insu rance coverage within the additional period\nallowed by this paragraph, the effective date of continued health insurance\ncoverage shall be the date of termination from the group. However, nothing in\nthis subsection shall require an insurer to give notice or  provide continuation\ncoverage to a former group member ninety (90) days after termination of the\nformer group member's group coverage.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=29444","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:57:49Z","sha256":"69448612ea66ba240c696bd356cc0e6fc7dcc5d829dc72e145a9b9f99735a16b","source_id":"us-ky","stale":false,"prev":"us-ky/krs-304.18-100","next":"us-ky/krs-304.18-114"},"notice":"GroundRules: Original legal text. Not legal advice."}