Puerto Rico Notice of Special Enrollment Rules

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Multi-State
Control #:
US-359EM
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Word; 
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Description

This notice informs an individual of his or her rights for special enrollment involving health insurance coverage.

How to fill out Notice Of Special Enrollment Rules?

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FAQ

Your coverage won't start until you pay your first premium. If confirmation delays kept you from using your plan after the coverage start date, you may have to pay premiums for one or more previous months. When you do, medical expenses you had after the start date may be covered. This is called retroactive coverage.

Section 403 of PROMESA modified Section 6(g) of the Fair Labor Standards Act (FLSA) to allow employers to pay employees in Puerto Rico who are under the age of 25 years a subminimum wage of not less than $4.25 per hour for the first 90 consecutive calendar days after initial employment by their employer.

Employment law in Puerto Rico is covered both by U.S. labor law and Puerto Rico's Constitution, which affirms the right of employees to choose their occupation, to have a reasonable minimum salary, a regular workday not exceeding eight hours, and to receive overtime compensation for work beyond eight hours.

$6.55 / hour Puerto Rico's state minimum wage rate is $8.50 per hour. This is greater than the Federal Minimum Wage of $7.25. You are entitled to be paid the higher state minimum wage.

2022 HIPAA allows eligible individuals to enroll in health plan coverage outside of the regular enrollment periods. 2022 These special enrollment rights apply to employees and their dependents, depending on the circumstance.

If you get married, you're eligible to get coverage effective the first of the following month, regardless of how late in the month you enroll. If you have a baby, adopt a child, or receive a court order for medical child support, the coverage can be backdated to the date of the birth, adoption, or court order.

You qualify for a Special Enrollment Period if you've had certain life events, including losing health coverage, moving, getting married, having a baby, or adopting a child, or if your household income is below a certain amount.

If you are eligible, you have 60 days from the end of the FEMA-designated incident period to complete your enrollment in Marketplace coverage and request a retroactive start date based on when you would have picked a plan if not for the disaster.

From an employment law perspective, this means federal statutes such as Title VII, FLSA, ADA, ADEA, FMLA, USERRA, OSHA, ERISA, COBRA, among others, apply to Puerto Rico.

QLE Effective DateSome employers make the coverage retroactively available from the date of the qualifying event. For many, coverage is effective as of the 1st of the month after the qualifying event. However, there is one exception. For the birth of a child, coverage is always available as of the birth date.

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Puerto Rico Notice of Special Enrollment Rules