State RegulationsNY specificDifficulty 3/5
An employee in Rochester loses her group health coverage, but the insurer sends its notice of the conversion privilege late. Under N.Y. Ins. Law §3221(e), if the required notice is given more than 15 days after coverage ends, how is the employee's conversion application period affected?
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Answer & full 3-part explanation (select an option above, or peek)
Why A is correct
Under N.Y. Ins. Law §3221(e), the insurer must notify the covered person of the conversion privilege within 15 days before or after coverage terminates. When that notice is late, the law protects the insured rather than punishing her: the application window extends to 45 days after the notice is actually given, subject to an outside cap of 90 days. The insured never loses the conversion right merely because the insurer failed to give timely notice.
Why the other options are wrong
- B) The insurer's late notice does not forfeit the employee's statutory conversion right; the window extends instead of closing.
- C) The period is extended, not shortened; the employee receives additional time measured from the date the late notice was given.
- D) The extension is not unlimited; it runs 45 days from the notice and is capped at 90 days in total.
Memory hook
Late notice? The window stretches to 45 days from the notice, capped at 90.