North Carolina General Statutes
Article 3B - State Health Plan for Teachers and State Employees.
§ 135-48.42 - Enrollment.

135-48.42. Enrollment.
(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 shall be covered at the time of birth so long as the Plan receives notification within 30 days of the date of birth and 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.
(b) Except as otherwise required by applicable federal law, newly acquired dependents (spouse/child) age 19 and older enrolled within 30 days of becoming an eligible dependent will not be subject to the 12-month waiting period for preexisting conditions. A dependent can become first eligible due to marriage, adoption, legal guardianship, entering a foster child relationship, and at the beginning of each legislative session (applies only to enrolled legislators). Effective date for newly acquired dependents if application was made within the 30 days can be the first day of the following month. Effective date for an adopted child can be date of adoption, or date of placement in the adoptive parents' home, or the first of the month following the date of adoption or placement. Firefighters, rescue squad workers, and members of the National Guard, and their eligible dependents, are subject to the same terms and conditions as are new employees and their dependents covered by this subdivision. Enrollments in these circumstances must occur within 30 days of eligibility to enroll.
(c) Eligible employees younger than age 19 and dependents younger than age 19 may be enrolled during annual enrollment and shall not be subject to any waiting period for a preexisting condition.
(d) When an eligible or enrolled member applies to enroll the member's eligible dependent child or spouse, the member shall provide the documentation required by the Plan to verify the dependent's eligibility for coverage.
(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. (2008-168, s. 3(g); 2009-16, s. 3(c), (g); 2009-281, s. 1; 2011-85, ss. 1.7(c), 2.6(d), 2.10; 2011-96, ss. 2(d)(1), 3(c); 2012-173, s. 2(b); 2013-324, s. 3; 2015-100, ss. 1, 5; 2017-135, s. 3(a).)

Structure North Carolina General Statutes

North Carolina General Statutes

Chapter 135 - Retirement System for Teachers and State Employees; Social Security; State Health Plan for Teachers and State Employees

Article 3B - State Health Plan for Teachers and State Employees.

§ 135-48.1 - General definitions.

§ 135-48.2 - Undertaking.

§ 135-48.3 - Right to amend.

§ 135-48.4 - Conflict with federal law.

§ 135-48.5 - Health benefit trust funds created.

§ 135-48.8 - Statements of public interest.

§ 135-48.10 - Confidentiality of information and medical records; provider contracts.

§ 135-48.12 - Committee on Actuarial Valuation of Retired Employees' Health Benefits.

§ 135-48.15 - Whistle-blower protections related to the State Health Plan.

§ 135-48.16 - Fraud detection and audit programs.

§ 135-48.20 - Board of Trustees established.

§ 135-48.21 - Board officers, quorum, meetings.

§ 135-48.22 - Board powers and duties.

§ 135-48.23 - Executive Administrator.

§ 135-48.24 - Administrative review.

§ 135-48.25 - Rules.

§ 135-48.27 - Reports to the General Assembly; General Assembly access to information.

§ 135-48.28 - Auditing of the Plan.

§ 135-48.30 - Powers and duties of the State Treasurer.

§ 135-48.32 - Contracts to provide benefits.

§ 135-48.33 - Contracting provisions; large contract review by Board of Trustees and Attorney General, auditing, no cost plus contracts.

§ 135-48.34 - Contracts not subject to Article 3 of Chapter 143 of the General Statutes.

§ 135-48.35 - Contract disputes not contested case under the Administrative Procedure Act, Chapter 150B of the General Statutes.

§ 135-48.37 - Liability of third person; right of subrogation; right of first recovery.

§ 135-48.37A - Employing unit cooperation in collection of amounts owed to Plan.

§ 135-48.38 - Persons eligible for Medicare; optional participation in other Medicare products.

§ 135-48.39 - Operations during state of disaster or emergency.

§ 135-48.40 - Categories of eligibility.

§ 135-48.41 - Additional eligibility provisions.

§ 135-48.42 - Enrollment.

§ 135-48.43 - Effective dates of coverage.

§ 135-48.44 - Cessation of coverage.

§ 135-48.45 - Conversion.

§ 135-48.46 - Settlement agreements by employing units.

§ 135-48.47 - Participation in State Health Plan by local government employees and dependents.

§ 135-48.49 - IRC Sections 6055 and 6056 regulatory reporting.

§ 135-48.50 - Coverage mandates.

§ 135-48.51 - Coverage and operational mandates related to Chapter 58 of the General Statutes.

§ 135-48.52 - General limitations and exclusions.

§ 135-48.54 - Optional participation for charter schools operated by private nonprofit corporations or municipalities.

§ 135-48.56 - Education of covered active and retired employees.

§ 135-48.57 - Payments for county or city ambulance service.

§ 135-48.58 - Premiums for firefighters, rescue squad workers, and members of National Guard.