Rhode Island Health Care Continuation Statute

Under the Rhode Island health care continuation statute, G.L. 1956 sec 27-20.4-1, if one party to a divorce is covered by the other spouse’s health insurance prior to entry of a final judgment of divorce, that party is allowed to remain on the former spouse’s health insurance plan until the spouse with the health insurance plan remarries or at a time provided in the final judgment.

Under the new law that became effective on January 1, 2014, G.L. 1956 sec. 36-12-2.5, unless a party to the divorce is covered under the former spouse’s family health plan through the State of Rhode Island as of December 31, 2013, he or she will be ineligible for state coverage. This means that if a person is currently in the process of divorcing a state employee and a final judgment hasn’t entered, he or she will no longer be able to maintain coverage through the State of Rhode Island upon entry of a final judgment of divorce.