- Provisions of the act apply if the person originally covered remains covered by the plan or health maintenance organization after the divorce. In that case, the coverage for his ex-spouse can continue until either one of them remarries, or until the ex-spouse becomes eligible for comparable coverage through her own employment, or until a time specified in the final judgment of divorce.
- For the coverage to continue pursuant to the act, the continuation of coverage must be included as an order in the final judgment of divorce when that judgment is entered.
- The Rhode Island Supreme Court has held that the act applies "whenever a party to a divorce is ordered to continue health care coverage to his or her former spouse."
- According to HG, a website that focuses on government law, a case ruling in a Rhode Island federal court established that the Rhode Island Health Insurance Continuation Act is pre-empted by the federal Employment Retirement Income Security Act (ERISA).
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