Ohio § 3923.241

§ 3923.241.

(A) Notwithstanding section 3901.71 of the Revised Code , any public employee benefit plan that provides that coverage of an unmarried dependent

child will terminate upon attainment of the limiting age for dependent children specified

in the plan shall also provide in substance both of the following: (1) Once an unmarried child has attained the limiting age for dependent children, as

provided in the plan, upon the request of the employee, the public employee benefit

plan shall offer to cover the unmarried child until the child attains twenty-six years

of age if all of the following are true: (a) The child is the natural child, stepchild, or adopted child of the employee. (b) The child is a resident of this state or a full-time student at an accredited public

or private institution of higher education. (c) The child is not employed by an employer that offers any health benefit plan under

which the child is eligible for coverage. (d) The child is not eligible for the medicaid program or the medicare program. (2) That attainment of the limiting age for dependent children shall not operate to terminate

the coverage of a dependent child if the child is and continues to be both of the

following: (a) Incapable of self-sustaining employment by reason of an intellectual disability or

physical disability; (b) Primarily dependent upon the plan member for support and maintenance. (B) Proof of incapacity and dependence for purposes of division (A)(2) of this section

shall be furnished to the public employee benefit plan within thirty-one days of the

child's attainment of the limiting age.  Upon request, but not more frequently than annually, the public employee benefit

plan may require proof satisfactory to it of the continuance of such incapacity and

dependency. (C) Nothing in this section shall do any of the following: (1) Require that any public employee benefit plan offer coverage for dependent children

or provide coverage for an unmarried dependent child's children as dependents on the

public employee benefit plan; (2) Require an employer to pay for any part of the premium for an unmarried dependent

child that has attained the limiting age for dependents, as provided in the plan; (3) Require an employer to offer health insurance coverage to the dependents of any employee. (D)(1) This section does not apply to any public employee benefit plan covering only accident,

credit, disability income, long-term care, hospital indemnity, medicare supplement,

or specified disease;  coverage under a one-time-limited-duration policy that is less

than twelve months;  coverage issued as a supplement to liability insurance;  insurance

arising out of a workers' compensation or similar law;  automobile medical-payment

insurance;  or insurance under which benefits are payable with or without regard to

fault and which is statutorily required to be contained in any liability insurance

policy or equivalent self-insurance. (2) This section applies to public employee benefit plans providing coverage for dental

care or vision care services that are issued, renewed, or amended on or after January

1, 2024. (E) As used in this section, “health benefit plan” has the same meaning as in section 3924.01 of the Revised Code and also includes both of the following: (1) A public employee benefit plan; (2) A health benefit plan as regulated under the “Employee Retirement Income Security

Act of 1974,” 29 U.S.C. 1001, et seq.