Legal Question in Health Care Law in Rhode Island

Re: Health Coverage

Madam:

Our Special Counsel for domestic relations offers this response:

"If the continuation of health coverage is set forth in the final judgment and is pursuant to the Rhode Island Insurance Continuation Act, or another state's similar statute, which statutes govern those employers who have not established their own self insured plans under the Internal Revenue Code, then coverage (under RI law) will remain until either party remarries, or the non-employee has comparable coverage available to him or her from his or her employment. RIGL 27-20.4-1 (http://www.rilin.state.ri.us/Statutes/TITLE27/27-20.4/INDEX.HTM)

If the employed spouse's employee benefits are under a self insured health insurance plan which is established pursuant to federal law, then federal law governs, and under COBRA the non-employee spouse's coverage ends with the entry of final judgment. Eligibility does not end, however, and coverage can be purchased from the former spouse's employer's plan for up to eighteen months."

Hope this helps.