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June 14, 2024 Clouds | 70°F
The 193rd General Court of the Commonwealth of Massachusetts

Section 11A: Divorced or separated spouses; continuation of insurance coverage

Section 11A. (a) In the event of the granting of a judgment absolute of divorce or of separate support to which an employee or retiree who has health insurance or coverage under a plan or contract authorized by this chapter is a party, the person who was the spouse of said employee or retiree prior to the issuance of such judgment shall be and remain eligible for benefits under said plan or contract, whether or not said judgment was entered prior to the effective date of said plan or contract, without additional premium or examination therefor, as if said judgment had not been entered; provided, however, that such eligibility shall not be required if said judgment so provides. Such eligibility shall continue through the employee's or retiree's participation in the plan or contract until the remarriage of either the employee or retiree or such spouse, or until such time as provided by said judgment, whichever is earlier.

(b) In the event of the remarriage of the employee or retiree referred to in paragraph (a), the former spouse thereafter shall have the right, if so provided in said judgment, to continue to receive benefits as are available to the employee or retiree, by means of the addition of a rider to the family plan or contract or the issuance of an individual plan or contract, either of which may be at additional premium rates determined by the group insurance commission to be just and reasonably in accordance with the additional insuring risks involved.

(c) The name, address, and certificate number of a person eligible for health insurance or coverage pursuant to paragraph (a) or (b), if available, shall be forwarded by the plan or contractor, whichever is applicable, to the department of public welfare within thirty days of the date when coverage of said person under said paragraph (a) or (b) is commenced.

Notice of cancellation of coverage of the divorced or separated spouse of a member shall be mailed to such divorced or separated spouse at such person's last known address, together with notice of the right to reinstate coverage retroactively to the date of cancellation.

Claims paid on behalf of a divorced or separated spouse or on behalf of a dependent who is not residing with the member shall be paid to the physician, hospital or other provider of covered services or to the person on whose behalf such services were performed, unless the person is a minor child. In the event the person on whose behalf such services were performed is a minor, payment shall be made to the physician, hospital or other provider of such services or to the parent or custodian with whom the child resides.