44-5244 Late enrollee, defined. - Nebraska Statutes

44-5244. Late enrollee, defined.Late enrollee shall mean an eligible employee or dependent who requests enrollment in a health benefit plan of a small employer following the initial enrollment period during which the individual is entitled to enroll under the terms of the health benefit plan if the initial enrollment period is a period of at least thirty days. An eligible employee or dependent shall not be considered a late enrollee if:(1) The individual meets the following:(a) The individual was covered under creditable coverage at the time of the initial enrollment;(b) The individual lost coverage under creditable coverage as a result of termination of employment or eligibility, reduction in the number of hours of employment, the involuntary termination of the creditable coverage, the death of a spouse, divorce, or legal separation; and(c) The individual requests enrollment within thirty days after termination of the creditable coverage;(2) The individual is employed by an employer which offers multiple health benefit plans and the individual elects a different plan during an open enrollment period;(3) A court has ordered coverage be provided for a spouse or a minor or dependent child under a covered employee's health benefit plan and the request for enrollment is made within thirty days after issuance of the court order; or(4) The individual had coverage under a COBRA continuation provision and the coverage under that provision was exhausted. SourceLaws 1994, LB 1222, § 22; Laws 1997, LB 862, § 39.