Special Enrollment Rights for Dependents of Retirees?

[Guest dsilver]

The HIPAA regs talk about special enrollment rights for dependents of "current employees." Do we have to give spec. enrollment rights to dependents of retirees?

[Guest BenefitsLawyer]

If ONLY retirees are covered by the plan, it probably isn't subject to HIPAA. If BOTH retirees and active employees are covered by the plan, then special enrollment must be offered to new dependents of covered retirees, but there is no obligation to offer special enrollment to dependents of covered retirees who have lost other coverage, and there is no obligation to offer special enrollment to a retiree who declined retiree coverage then lost other coverage. Hope this helps.