2.2-2819 - Purchase of continued health insurance coverage by the surviving spouse and any dependents of an active or retired state employee. - Virginia Statutes

§ 2.2-2819. Purchase of continued health insurance coverage by the survivingspouse and any dependents of an active or retired state employee.

A. The surviving spouse and any dependents of an active state employee or aretired state employee may, upon proper application to the Department ofHuman Resource Management, purchase continued health insurance coverage onthe following conditions: (i) on the date of death, the state employeeparticipated in a health insurance plan administered by the Department ofHuman Resource Management pursuant to § 2.2-2818 or § 2.2-1204 and (ii) onthe date of the deceased's death, the applicants were included in the healthinsurance plan in condition (i) of this subsection. The health insuranceplans administered by the Department of Human Resource Management pursuant to§ 2.2-2818 or § 2.2-1204 shall provide means whereby coverage for the spouseand dependents of active or retired state employees may be purchased.

B. Any application to purchase continued health insurance coverage hereundershall be made in writing to the Department of Human Resource Managementwithin sixty days of the date of the deceased's death. The time for makingapplication may be extended by the Department for good cause shown.

C. In addition to any necessary information requested by the Department ofHuman Resource Management, the application shall state whether conditions (i)and (ii) set forth in subsection A have been met. If the Department statesthat such conditions have not been met, the Department shall conduct aninformal fact-finding conference or consultation with the applicant pursuantto § 2.2-4019 of the Administrative Process Act (§ 2.2-4000 et seq.). Uponscheduling the conference or consultation, the provisions of theAdministrative Process Act shall apply thereafter.

D. Upon payment of any required premiums, coverage shall automatically beextended during the period for making application and shall be effectiveretroactive to the date of the deceased's death.

E. The terms, conditions, and costs of continued health insurance coveragepurchased hereunder shall be subject to administration by the Department ofHuman Resource Management. The Department may increase the cost of coverageconsistent with its administration of health insurance plans under § 2.2-2818or § 2.2-1204.

F. For the surviving spouse, continued health insurance coverage purchasedhereunder shall automatically terminate upon occurrence of any of thefollowing: (i) death, (ii) remarriage, (iii) alternate health insurancecoverage being obtained, or (iv) any applicable condition outlined in thepolicies and procedures of the Department of Human Resource Managementgoverning health insurance plans administered pursuant to § 2.2-2818 or §2.2-1204.

G. For any surviving dependents, continued health insurance coveragepurchased hereunder shall automatically terminate upon occurrence of any ofthe following: (i) death; (ii) marriage; (iii) alternate health insurancecoverage being obtained; (iv) attaining the age of twenty-one, unless thedependent is (a) a full-time college student, in which event coverage shallnot terminate until such dependent has either attained the age of twenty-fiveor until such time as the dependent ceases to be a full-time college student,whichever occurs first, or (b) under a mental or physical disability, inwhich event coverage shall not terminate until three months followingcessation of the disability; or (v) any applicable condition outlined in thepolicies and procedures of the Department of Human Resource Managementgoverning health insurance plans administered pursuant to § 2.2-2818 or §2.2-1204.

(1995, c. 179, § 2.1-20.1:03; 1997, c. 886; 2000, cc. 66, 657; 2001, c. 844.)