Delaware law requires that a group policy for hospital, surgical, or major medical insurance renewed, delivered, or issued in Delaware provides that covered employees and eligible dependents whose coverage under the group policy would otherwise terminate because of specified qualifying events be entitled to continue their coverage under that group policy for nine months (18 DE Code Sec. 3571F). Continuation must include any benefits provided under the group policy. Continuation is available to a covered employee or eligible dependent who has been continuously insured under the group policy during the entire three-month period ending with the termination of coverage. If employment is reinstated during the continuation period, then coverage under the group policy must be reinstated for the covered employee and any eligible dependents who had continuation coverage.
Qualifying events. Qualifying events include:
• The death of a covered employee;
• Termination of employment for any reason other than the employee's gross misconduct;
• A reduction of hours;
• The divorce or legal separation of the covered employee from an eligible dependent;
• The covered employee becoming entitled to Medicare;
• A dependent child ceasing to be a dependent child under the generally applicable requirements of the plan;and
• The bankruptcy of the employer from whose employment the covered employee retired at any time.
Exceptions to continuation. Continuation is not required for any person who:
• Is covered or eligible for coverage under Medicare;
• Fails to verify that he or she is ineligible for employer-based group health insurance as an eligible dependent; or
• Is or could be covered by any other insured or uninsured ...