Sec. 14.35.07.13. Special Enrollment Periods — Change in Family Status Through the Individual Exchange  


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  • A. A qualified individual, an enrollee, a qualified individual’s dependent, and an enrollee’s dependent are eligible for a special enrollment period for change in family status if the qualified individual or enrollee gains a dependent or becomes a dependent through:

    (1) Marriage;

    (2) Birth;

    (3) Adoption;

    (4) Placement for adoption;

    (5) Placement in foster care;

    (6) A child support order; or

    (7) Other court order.

    B. A qualified individual, an enrollee, a qualified individual’s dependent, and an enrollee’s dependent are eligible for a special enrollment period for change in family status if the qualified individual or enrollee loses a dependent or is no longer considered a dependent through:

    (1) Divorce;

    (2) Legal separation; or

    (3) Death.

    C. Family status changes shall be determined in accordance with the law of the state where the change in family status occurred.

    D. If eligible for a special enrollment period under this regulation, a qualified individual, an enrollee, a qualified individual’s dependent or an enrollee’s dependent shall select a QHP within 60 days of the change in family status under §§A and B of this regulation.

    E. Enrollment in a QHP selected by a qualified individual, an enrollee, the qualified individual’s dependent, or the enrollee’s dependent during a special enrollment period under this regulation shall be effective:

    (1) For marriages, the first day of the month following the date that the Individual Exchange receives the QHP selection;

    (2) In the case of birth, adoption, placement for adoption, placement in foster care, or court order, on the date of birth, adoption, placement for adoption, placement in foster care, or effective date of court order;

    (3) In the case of death, the first day of the month following the date that the Individual Exchange receives the QHP selection; and

    (4) For divorces or legal separation:

    (a) The first date of the following month for QHP selections received by the Individual Exchange between the first and the 15th day of the month; or

    (b) The first day of the next following month for QHP selections received by the Individual Exchange between the 16th and the last day of a month.