GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015
SESSION LAW 2015-100
HOUSE BILL 190
AN ACT to make modifications to the State Health Plan for public employees.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 135‑48.42(e) reads as rewritten:
"(e) Eligible employees and retirees may only change their elections, including adding or removing dependents, during the Plan year due to a qualifying event as defined under federal law. Notwithstanding the preceding sentence, retirees and surviving spouses may disenroll from the Plan during the Plan year without a qualifying event. Retirees and surviving spouses may also disenroll their dependents from the Plan during the Plan year without a qualifying event."
SECTION 2. G.S. 135‑48.44(a) reads as rewritten:
"(a) Coverage under this Plan of an employee and his or her surviving spouse or eligible dependent children or of a retired employee and his or her surviving spouse or eligible dependent children shall cease on the earliest of the following dates:
…
(4) The last day of the monthmonth,
or as soon thereafter as administratively feasible, in which the Plan
approves cancellation of coverage for an employee or retired employee
requests cancellation of coverage.employee.
…
(9) The last day of the month for which a premium is paid in full."
SECTION 3. G.S. 135‑48.40(b) reads as rewritten:
"(b) Partially Contributory Coverage. – The following persons are eligible for coverage under the Plan, on a partially contributory basis, subject to the provisions of G.S. 135‑48.43:
…
(8) Notwithstanding the
provisions of G.S. 135‑48.44, employees formerly covered by the
provisions of this section, other than retired employees,employees
eligible for coverage on a noncontributory basis, who have been employed
for 12 or more months by an employing unit, or who have completed a contract
term of employment of 10 or 11 months and whose employing unit is a local
school administrative unit, and whose jobs are eliminated because of a
reduction, in total or in part, in the funds used to support the job or its
responsibilities, provided the employees were covered by the Plan at the time
of separation from service resulting from a job elimination. Employees covered
by this subsection shall be covered for a period of up to 12 months following a
separation from service because of a job elimination. An employee formerly
covered by the provisions of this section shall not be eligible for coverage
under this subdivision if the employee is provided health benefit coverage on a
non‑contributory basis by a subsequent employer.
…."
SECTION 4.(a) G.S. 135‑48.40(d) reads as rewritten:
"(d) Fully Contributory Coverage. – The following persons shall be eligible for coverage under the Plan, on a fully contributory basis, subject to the provisions of G.S. 135‑48.43:
…
(9) Surviving spouses of deceased retirees and surviving spouses of deceased teachers, State employees, Disability Income Plan beneficiaries, and members of the General Assembly provided the death of the former Plan member occurred after September 30, 1986, and the surviving spouse was covered under the Plan at the time of death.
…."
SECTION 4.(b) G.S. 135‑48.41(g) reads as rewritten:
"(g) An eligible
surviving spouse and any eligible surviving dependent child of a deceased
retiree, teacher, State employee, member of the General Assembly, former member
of the General Assembly, or Disability Income Plan beneficiary shall be
eligible for group benefits under this section without waiting periods for
preexisting conditions provided coverage is elected within 90 days after
the death of the former plan member. Coverage may be elected at a later time,time
during an annual enrollment period, but members 19 years of age and older
may be subject to the 12‑month waiting period for preexisting conditions
and will be effective the first day of the month following receipt of the application.period."
SECTION 5. G.S. 135‑48.42(a) reads as rewritten:
"(a) Except as otherwise required by applicable federal law, new employees must be given the opportunity to enroll or decline enrollment for themselves and their dependents within 30 days from the date of employment or from first becoming eligible on a partially contributory or other contributory basis. Coverage may become effective on the first day of the month following date of entry on payroll or on the first day of the following month. New employees age 19 and older not enrolling themselves and their dependents age 19 and older within 30 days, or not adding dependents when first eligible as provided herein may enroll during annual enrollment, but may be subject to a 12‑month waiting period for preexisting health conditions, except for employees who elect to change their coverage in accordance with rules established by the State Treasurer for optional or alternative plans available under the Plan. Children born to covered employees having coverage type (2) or (3), as outlined in G.S. 135‑48.43(d) shall be automatically covered at the time of birth without any waiting period for preexisting health conditions. Children born to covered employees having coverage type (1) shall be automatically covered at birth without any waiting period for preexisting health conditions so long as the claims processor receives notification within 30 days of the date of birth that the employee desires to change from coverage (1) to coverage type (2) or (3), provided that the employee pays any additional premium required by the coverage type selected retroactive to the first day of the month in which the child was born."
SECTION 6. This act becomes effective July 1, 2015.
In the General Assembly read three times and ratified this the 8th day of June, 2015.
s/ Daniel J. Forest
President of the Senate
s/ Tim Moore
Speaker of the House of Representatives
s/ Pat McCrory
Governor
Approved 10:06 a.m. this 19th day of June, 2015