Sec. 1251.255. TERMINATION OF CONTINUED COVERAGE  


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  • (a) Group coverage continued under this subchapter may not terminate until the earliest of:

    (1) the date the maximum continuation period provided by law would end, which is:

    (A) for any employee, member, or dependent not eligible for continuation coverage under Title X, Consolidated Omnibus Budget Reconciliation Act of 1985 (29 U.S.C. Section 1161 et seq.) (COBRA), nine months after the date the employee, member, or dependent elects to continue the group coverage; or

    (B) for any employee, member, or dependent eligible for continuation coverage under COBRA, six additional months following any period of continuation coverage provided under COBRA;

    (2) the date failure to make timely payments would terminate the group coverage;

    (3) the date the group coverage terminates in its entirety;

    (4) the date the insured is or could be covered under Medicare;

    (5) the date the insured is covered for similar benefits by another plan or program, including:

    (A) a hospital, surgical, medical, or major medical expense insurance policy;

    (B) a hospital or medical service subscriber contract; or

    (C) a medical practice or other prepayment plan;

    (6) the date the insured is eligible for similar benefits, whether or not covered for those benefits, under any arrangement of coverage for individuals in a group, whether on an insured or uninsured basis; or

    (7) the date similar benefits are provided or available to the insured under any state or federal law other than continuation coverage under Title X, Consolidated Omnibus Budget Reconciliation Act of 1985 (29 U.S.C. Section 1161 et seq.) (COBRA).

    (b) Not later than the 30th day before the end of the continuation period described by Subsection (a)(1) that is applicable to the individual, the insurer shall:

    (1) notify the individual that the individual may be eligible for coverage under the Texas Health Insurance Risk Pool as provided by Chapter 1506; and

    (2) provide to the individual the address for applying to that pool.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 3, eff. April 1, 2005. Amended by: Acts 2009, 81st Leg., R.S., Ch. 550 , Sec. 4, eff. June 19, 2009.