New York has adopted a law requiring insurers to permit children of policyholders the ability to continue coverage under the group health plan of the policyholder through age 29. The law has a number of nuances and inconsistencies but I am stumped by one of them:
The law provides that eligible children may elect the continuation option "during the annual 30-day open enrollment period described in the group health insurance policy or contract."
What does that mean? I have found no discussion of this.
Most employers' open enrollment periods are shorter than 30 days. Does that mean that employers must have a longer period for dependents to enroll? Wouldn't that be preempted by ERISA? Do New York insurance contracts require a 30-day open enrollment period?
Any help would be appreciated.