Ohio § 3923.571

§ 3923.571.

Except as otherwise provided in section 2721 of the “Health Insurance Portability

and Accountability Act of 1996,” Pub. L. No. 104-191, 110 Stat. 1955, 42 U.S.C.A. 300gg-21 , as amended, the following conditions apply to all group policies of sickness and

accident insurance that are sold in connection with an employment-related group health

plan and that are not subject to section 3924.03 of the Revised Code : (A) Any such policy shall comply with the requirements of division (A) of section 3924.03 and section 3924.033 of the Revised Code . (B)(1) Except as provided in section 2712(b) to (e) of the “Health Insurance Portability

and Accountability Act of 1996,” if an insurer offers coverage in the small or large

group market in connection with a group policy, the insurer shall renew or continue

in force such coverage at the option of the policyholder. (2) An insurer may cancel or decide not to renew the coverage of an employee or of a

dependent of an employee if the employee or dependent, as applicable, has performed

an act or practice that constitutes fraud or made an intentional misrepresentation

of material fact under the terms of the coverage and if the cancellation or nonrenewal

is not based, either directly or indirectly, on any health status-related factor in

relation to the employee or dependent. As used in division (B)(2) of this section, “ health status-related factor ” has the same meaning as in section 3924.031 of the Revised Code . (C)(1) No such policy, or insurer offering health insurance coverage in connection with

such a policy, shall require any individual, as a condition of coverage or continued

coverage under the policy, to pay a premium or contribution that is greater than the

premium or contribution for a similarly situated individual covered under the policy

on the basis of any health status-related factor in relation to the individual or

to an individual covered under the policy as a dependent of the individual. (2) Nothing in division (C)(1) of this section shall be construed to restrict the amount

that an employer may be charged for coverage under a group policy, or to prevent a

group policy, and an insurer offering group health insurance coverage, from establishing

premium discounts or rebates or modifying otherwise applicable copayments or deductibles

in return for adherence to programs of health promotion and disease prevention. (D) Such policies shall provide for the special enrollment periods described in section

2701(f) of the “Health Insurance Portability and Accountability Act of 1996.” (E) At least once in every twelve-month period, an insurer shall provide to all late

enrollees, as defined in section 3924.01 of the Revised Code , who are identified by the policyholder, the option to enroll in the group policy.  The enrollment option shall be provided for a minimum period of thirty consecutive

days.  All delays of coverage imposed under the group policy, including any pre-existing

condition exclusion period or service waiting period, shall begin on the date the

insurer receives notice of the late enrollee's application or request for coverage,

and shall run concurrently with each other.