A. A group health plan shall provide for a dependent special enrollment period described in Subsection B of this section during which a person may be enrolled under the plan as a dependent of the individual, and in the case of the birth or adoption of a child, the spouse of the individual may be enrolled as a dependent of the individual if the spouse is otherwise eligible for coverage, if: (1) the plan makes coverage available to a dependent of an individual; (2) the individual is a participant under the plan or has met any waiting period applicable to becoming a participant and is eligible to be enrolled under the plan but for a failure to enroll during a previous enrollment period; and (3) the person has become the dependent of the individual through marriage, birth, adoption or placement for adoption. B. A dependent special enrollment period pursuant to this subsection shall be for a period of not less than thirty days and shall begin on the later of: (1) the date dependent coverage is made available; or (2) the date of the marriage, birth, adoption or placement for adoption described in Subsection A of this section. C. hall begin on the later of: (1) the date dependent coverage is made available; or (2) the date of the marriage, birth, adoption or placement for adoption described in Subsection A of this section. C. If an individual seeks to enroll a person as a dependent during the first thirty days of a dependent special enrollment period, the coverage of the dependent becomes effective: (1) in the case of marriage, not later than the first day of the first month beginning after the date the completed request for enrollment is received; (2) in the case of birth, as of the date of the birth; or (3) in the case of adoption or placement for adoption, the date of the adoption or placement. History: Laws 1997, ch. 243, § 9; 1998, ch. 41, § 13. ANNOTATIONSThe 1998 amendment, effective March 6, 1998, substituted 'Group health plan' for 'Special enrollment periods for dependent beneficiaries' in the section heading; in Subsection A, deleted 'or if not otherwise enrolled, the individual' following 'which a person', and substituted 'the' for 'a' at the beginning of Paragraph A(3); in Subsection C, inserted 'person as a' near the beginning, and deleted 'a dependent's' following 'in the case of' in hich a person', and substituted 'the' for 'a' at the beginning of Paragraph A(3); in Subsection C, inserted 'person as a' near the beginning, and deleted 'a dependent's' following 'in the case of' in Paragraphs C(2) and (3).
New Mexico Legal Code