805 CMR 9.04
Individual and Family Health Coverage
(1) Employees who elect Individual Health Coverage at the time of hire may later elect Family
Health Coverage due to a change in family status (e.g., marriage or adoption, spouse's loss of
other coverage), subject to verifying documentation acceptable to the Commission including, but
not limited to, marriage and birth certificates. Verification that requires translation shall be at
the applicant's expense. The effective date of the family status change is determined by the
Commission.
(2) Employees, Retirees, and Surviving Spouses whose dependents cease to be eligible for
Commission coverage must notify the Commission within 30 days of such occurrence. The
Commission shall determine the effective date of dependents' coverage termination.
(3) Unless making such a request during the annual open enrollment period, Employees,
Retirees, or Surviving Spouses may change their Family Coverage to Individual Coverage only
by providing proof of their Dependents' other coverage or a change in family circumstance as
described in 805 CMR 9.04. The Commission's decisions relating to coverage termination
requests are final and binding.
(4) Divorce and Remarriage.
(a) If a former Spouse is eligible under the terms of a divorce decree and enrolled under the
insured's family plan, coverage for the former Spouse under the insured's familyplan will end
upon the remarriage of either the Insured or former Spouse. The former Spouse may be
eligible for a divorced Spouse rider or COBRA coverage, as determined by the Commission,
depending upon the language in the final divorce decree, separation agreement or court order
as applicable.
(b) Former spouses of Employees or Retirees cannot be terminated from Commission health
coverage for reasons of additional cost when their children are no longer enrolled in the
coverage, unless the divorced Employee or Retiree has remarried or the divorce agreement
expressly defines such a scenario as constituting additional cost.
9.04: continued
(c) All members are obligated to notify the Commission of divorces and remarriages within
60 days of the event and provide supporting documentation for the event. All members are
responsible for updating the Commission's records with all court orders, modifications, and
other pertinent information or legal documents surrounding the separation or divorce within
60 days of the event. Failure to timely provide the applicable documentation or address
updates may result in termination of Commission coverage, money owed, and/or other
consequences.
(d) 1. In the event that a remarriage is not timely reported to the Commission and benefits
are provided to an ineligible former Spouse, the Employee may be terminated from
Commission coverage until such time as the back premiums or claims expenses are
repaid.
2. If an ex-spouse becomes ineligible for coverage under the employee's policy by
operation of law, there will be no refund or credits of premiums paid.
(5) For an Employee, Retiree, or Surviving Spouse with Family Health Coverage to enroll in
a plan with a defined geographical enrollment area, all enrolled family members, including all
covered Dependents, should reside in the plan's service area. Children younger than 19 years old
and Students are deemed to reside with the Employee, Retiree, or Surviving Spouse on whose
plan they are Dependents, unless that Employee, Retiree, or Surviving Spouse is not the Child's
or Student's custodial parent. In that case, Children younger than 19 years old and Students are
deemed to reside with their custodial parent. Benefits for dependents residing outside a plan’s
service area are determined by the plan. In the event that an enrolled family member no longer
resides in the plan's service area, the Employee, Retiree, or Surviving Spouse should enroll in
a plan with an appropriate service area or with no geographical restrictions. Plan changes must
be made within 60 days of the change in residence.