1. I. A policy may, at the election of the carrier, insure, originally or by subsequent amendment, upon application of an adult member of a family who shall be deemed the policyholder, any 2 or more eligible members of that family, including husband, wife, dependent children, or any other person dependent upon the policyholder. In the event a carrier elects to provide coverage for dependent children, the term "dependent child" shall include a subscriber's child by blood or by law, who is under age 26.

   I-a. The coverage of any family member insured by such policy, pursuant to paragraph I, who is mentally or physically incapable of earning his or her own living as of the date on which such dependent's status as a covered family member would otherwise expire because of age, shall continue under such policy while such policy remains in force or is replaced by another policy as long as such incapacity continues and as long as such dependent remains chiefly financially dependent on the policyholder or the employee or his or her estate is chargeable for the care of such dependent; provided, that due proof of such incapacity is received by the insurer within 31 days of such expiration date. If such coverage is continued in accordance with this paragraph, such dependent shall be entitled upon the termination of such incapacity to coverage offered by the New Hampshire high risk pool under RSA 404-G.

2. II. Nothing in this section shall be construed to require:

   1. (a) Coverage for services provided to a dependent before the effective date of this section; or
   2. (b) That an employer pay all or part of the cost of family coverage that includes a dependent as provided pursuant to this section.
3. III. A subscriber that elects family coverage during any applicable open enrollment period may enroll any dependent eligible pursuant to this section.

4. IV. Coverage for a dependent provided pursuant to this section shall be provided until the earlier of the following:

   1. (a) The dependent is disqualified for dependent status as set forth in paragraph I of this section;
   2. (b) The date upon which the employer under whose contract coverage is provided to a dependent ceases to provide coverage to the subscriber.
5. V. Nothing in this section shall be construed to permit a health insurance carrier to refuse an election for coverage by a dependent pursuant to paragraph III, based upon the dependent's prior disqualification pursuant to subparagraph IV(a).

6. VI.

   1. (a) Notice regarding coverage for a dependent as provided pursuant to this section shall be provided to a subscriber:

      1. (1) In the certificate of coverage prepared for subscribers on or about the date of commencement of coverage; and
      2. (2) Within 30 days of the effective date of this section.
   2. (b) Such notice shall include information regarding the required special open enrollment period.

Source. 2007, 352:6. 2009, 235:18. 2010, 243:13, eff. Sept. 23, 2010.