58-18-31.1 Dependent coverage termination--Age--Full-time student.
Dependent coverage termination--Age--Full-time student.
No insurer or health
carrier issuing health insurance coverage, other than excepted benefits, that provides dependent
coverage for any qualifying child, as defined by rules promulgated pursuant to § 58-18-79, may
terminate coverage due to attainment of a limiting age below age twenty-six. If the dependent
remains a full-time student upon attaining the age of twenty-six but not exceeding the age of twenty-nine, the insurer shall provide for the continuation of coverage for that dependent at the insured's
option. Nothing in this section requires the employer to contribute any portion of the premium for
dependents that are full-time students and have attained the age of twenty-six. However, the
provisions of this section do not apply to any qualifying relative, as defined by rules promulgated
pursuant to § 58-18-79, whose gross income is less than the exemption amount as prescribed by the
director by rules promulgated pursuant to chapter 1-26. Continuation of coverage for full-time
students attaining the age of twenty-four is not required if the dependent has other creditable
coverage in force nor required for any full-time students who attained the age of twenty-four prior
to July 1, 2007. (SL 2011, ch 216, § 19 provides: "The provisions of this Act are repealed if the
Patient Protection and Affordable Care Act, Pub. L. No. 111-148, 124 Stat. 119 (2010), as amended
by the Health Care and Education Reconciliation Act of 2010, Pub. L. No. 111-152, 124 Stat. 1029
(2010) is found to be unconstitutional in its entirety by a final decision of a federal court of
competent jurisdiction and all appeals exhausted or time for appeals elapsed.")
Source: SL 2005, ch 265, § 2; SL 2007, ch 288, § 2; SL 2011, ch 216, § 8.