As Introduced                            1            

122nd General Assembly                                             4            

   Regular Session                                 H. B. No. 374   5            

      1997-1998                                                    6            


 REPRESENTATIVES VAN VYVEN-BRADING-CORBIN-GARCIA-HAINES-MOTTLEY-   8            

        NETZLEY-SCHURING-TAYLOR-TERWILLEGER-THOMAS-TIBERI          9            


                                                                   11           

                           A   B I L L                                          

             To amend sections 1739.05, 1742.06, 1742.12,          13           

                1742.16, 1742.37, 1742.39, 1742.45, 3901.21,       14           

                3923.122, 3923.26, 3923.40, 3923.57,  3923.58,     15           

                3923.59, 3923.63, 3923.64, 3924.01, 3924.03,       16           

                3924.07 to 3924.11, 3924.111, 3924.12 to 3924.14,  17           

                3924.51, 3924.61 to 3924.64, 3924.66 to  3924.68,  18           

                and 3924.73, to enact new section 1742.13 and      19           

                sections 1742.47, 3923.571,  3923.581, 3924.031,   20           

                3924.032, 3924.033, and 3924.27, and to repeal     21           

                sections  1742.13 and 3941.53 of the Revised Code  23           

                relative to the implementation of the federal      24           

                Health Insurance Portability and Accountability    25           

                Act of 1996, and insurance coverage  of follow-up  26           

                care for a mother and newborn.                     27           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        29           

      Section 1.  That sections 1739.05, 1742.06, 1742.12,         31           

1742.16, 1742.37, 1742.39, 1742.45, 3901.21, 3923.122, 3923.26,    32           

3923.40, 3923.57, 3923.58, 3923.59, 3923.63, 3923.64, 3924.01,     33           

3924.03, 3924.07, 3924.08, 3924.09, 3924.10, 3924.11, 3924.111,    34           

3924.12, 3924.13, 3924.14, 3924.51, 3924.61, 3924.62, 3924.63,     35           

3924.64, 3924.66, 3924.67, 3924.68, and 3924.73 be amended and     36           

new section 1742.13 and sections 1742.47, 3923.571, 3923.581,      37           

3924.031, 3924.032, 3924.033, and 3924.27 of the Revised Code be   38           

enacted to read as follows:                                        39           

      Sec. 1739.05.  (A)  A multiple employer welfare arrangement  48           

                                                          2      

                                                                 
that is created pursuant to sections 1739.01 to 1739.22 of the     49           

Revised Code and that operates a group self-insurance program may  50           

be established only if any of the following applies:               51           

      (1)  The arrangement has and maintains a minimum enrollment  53           

of three hundred employees of two or more employers.               54           

      (2)  The arrangement has and maintains a minimum enrollment  56           

of three hundred self-employed individuals.                        57           

      (3)  The arrangement has and maintains a minimum enrollment  59           

of three hundred employees or self-employed individuals in any     60           

combination of divisions (A)(1) and (2) of this section.           61           

      (B)  A multiple employer welfare arrangement that is         63           

created pursuant to sections 1739.01 to 1739.22 of the Revised     64           

Code and that operates a group self-insurance program shall        65           

comply with all laws applicable to self-funded programs in this    66           

state, including sections 3901.04, 3901.041, 3901.19 to 3901.26,   67           

3901.38, 3901.40, 3901.45, 3901.46, 3902.01 to 3902.14, 3923.30,   68           

3923.301, and 3923.38, 3923.581, 3923.63, 3924.031, 3924.032, AND  70           

3924.27 of the Revised Code.                                       71           

      (C)  A multiple employer welfare arrangement created         73           

pursuant to sections 1739.01 to 1739.22 of the Revised Code shall  74           

solicit enrollments only through agents or solicitors licensed     75           

pursuant to Chapter 3905. of the Revised Code to sell or solicit   76           

sickness and accident insurance.                                   77           

      (D)  A multiple employer welfare arrangement created         79           

pursuant to sections 1739.01 to 1739.22 of the Revised Code shall  80           

provide benefits only to individuals who are members, employees    81           

of members, or the dependents of members or employees, or are      82           

eligible for continuation of coverage under section 1742.34 or     83           

3923.38 of the Revised Code or under Title X of the "Consolidated  84           

Omnibus Budget Reconciliation Act of 1985," 100 Stat. 227, 29      85           

U.S.C.A. 1161, as amended.                                         86           

      Sec. 1742.06.  Upon obtaining a certificate of authority as  95           

required under this chapter, a health maintenance organization     96           

may:                                                               97           

                                                          3      

                                                                 
      (A)  Enroll individuals and their dependents in either of    99           

the following circumstances:                                       100          

      (1)  The individual resides OR LIVES in the approved         102          

service area.                                                                   

      (2)  The individual's place of employment is located in the  104          

approved service area and his place of residence is in a county    106          

contiguous to the approved service area.                           107          

      (B)  Contract with health care providers and facilities for  109          

the services to which enrollees are entitled under the terms of    110          

its health care contracts.                                         111          

      (C)  Contract with insurance companies authorized to do      113          

business in this state for insurance, indemnity, or reimbursement  114          

against the cost of providing emergency and nonemergency health    115          

care services for enrollees, subject to the provisions set forth   116          

elsewhere in this chapter and the limitations set forth elsewhere  117          

in the Revised Code;                                               118          

      (D)  Contract with any persons for the provision of          120          

authorized services including, but not limited to, managerial and  121          

administrative, marketing and enrolling, data processing,          122          

actuarial analysis, billing services, and any other services       123          

authorized by the superintendent of insurance.  If such contracts  124          

are made with insurance companies, they must be authorized to      125          

engage in business in this state.                                  126          

      (E)  Accept from governmental agencies, private agencies,    128          

corporations, associations, groups, individuals, or other persons  129          

payments covering all or part of the costs of planning,            130          

development, construction, and the provision of health care        131          

services.                                                          132          

      (F)  Purchase, lease, construct, renovate, operate, or       134          

maintain health care facilities, and their ancillary equipment,    135          

and any property necessary in the transaction of the business of   136          

the organization.                                                  137          

      (G)  IMPOSE AN AFFILIATION PERIOD OF NOT MORE THAN SIXTY     140          

DAYS, WHICH PERIOD BEGINS ON THE INDIVIDUAL'S DATE OF ENROLLMENT   141          

                                                          4      

                                                                 
AND RUNS CONCURRENTLY WITH ANY WAITING PERIOD IMPOSED UNDER THE    142          

COVERAGE.  FOR PURPOSES OF THIS DIVISION, "AFFILIATION PERIOD"     143          

MEANS A PERIOD OF TIME WHICH, UNDER THE TERMS OF THE COVERAGE      144          

OFFERED, MUST EXPIRE BEFORE THE COVERAGE BECOMES EFFECTIVE.  NO    145          

HEALTH CARE SERVICES OR BENEFITS NEED TO BE PROVIDED DURING AN     146          

AFFILIATION PERIOD, AND NO PERIODIC PREPAYMENTS CAN BE CHARGED     147          

FOR ANY COVERAGE DURING THAT PERIOD.                               148          

      (H)  IF A HEALTH MAINTENANCE ORGANIZATION OFFERS COVERAGE    151          

IN THE SMALL GROUP MARKET THROUGH A NETWORK PLAN, LIMIT OR DENY    152          

THE COVERAGE IN ACCORDANCE WITH SECTION 3924.031 OF THE REVISED    155          

CODE.                                                                           

      (I)  REFUSE TO ISSUE COVERAGE IN THE SMALL GROUP MARKET      158          

PURSUANT TO SECTION 3924.032 OF THE REVISED CODE.                  160          

      (J)  ESTABLISH EMPLOYER CONTRIBUTION RULES OR GROUP          163          

PARTICIPATION RULES FOR THE OFFERING OF COVERAGE IN CONNECTION     164          

WITH A GROUP CONTRACT IN THE SMALL GROUP MARKET, AS PROVIDED IN    165          

DIVISION (E)(1) OF SECTION 3924.03 OF THE REVISED CODE.            168          

      Nothing in this section shall be construed to limit the      170          

authority of a health maintenance organization to perform those    171          

functions not otherwise prohibited by law.                         172          

      Sec. 1742.12.  (A)  After the health maintenance             181          

organization has furnished, directly or indirectly, basic health   182          

care services to enrollees for a period of twenty-four months and  183          

if it currently meets the financial requirements set forth in      184          

section 1742.171 of the Revised Code and had net income as         185          

reported to the superintendent of insurance for at least one of    186          

the preceding four calendar quarters, the organization shall hold  187          

an open enrollment period of not less than thirty days at least    188          

once during each calendar year.                                    189          

      (B)  During the open enrollment period described in          191          

division (A) of this section, the organization shall accept        192          

enrollees in the order in which they apply for enrollment and in   193          

accordance with any of the following:                              194          

      (1)  Up to its capacity, as determined by the organization   196          

                                                          5      

                                                                 
subject to review by the superintendent;                           197          

      (2)  If less than its capacity, one per cent of the          199          

organization's total number of subscribers residing in this state  200          

as of the immediately preceding thirty-first day of December.      201          

      (C)(1)  An open enrollment period shall not be considered    203          

to satisfy the requirements of this section unless the             204          

organization provides adequate public notice in accordance with    205          

division (C)(2) of this section.                                   206          

      (2)  A public notice pursuant to division (C)(1) of this     208          

section shall run in at least one newspaper of general             209          

circulation in the health maintenance organization's service       210          

area, at least once in each of the two weeks immediately           211          

preceding the month in which the open enrollment is to occur and   212          

in each week of that month.  The notice shall be at least twice    213          

the size commonly used by the newspaper for public legal notices,  214          

provide an explanation of an open enrollment period, and state     215          

the period of open enrollment.                                     216          

      (D)  Where a health maintenance organization demonstrates    218          

to the satisfaction of the superintendent that such open           219          

enrollment would jeopardize its economic viability, the            220          

superintendent may:                                                221          

      (1)  Waive the requirement for open enrollment;              223          

      (2)  Impose a limit on the number of new members that must   225          

be enrolled;                                                       226          

      (3)  Authorize WITH RESPECT TO ENROLLEES WHO ARE NOT         228          

FEDERALLY ELIGIBLE INDIVIDUALS, AUTHORIZE the organization to      229          

impose such underwriting restrictions upon open enrollment as are  231          

necessary to:                                                                   

      (a)  Preserve its financial stability;                       233          

      (b)  Prevent excessive adverse selection by prospective      235          

enrollees;                                                         236          

      (c)  Avoid unreasonably high or unmarketable charges for     238          

enrollee coverage of health services.                              239          

      (E)  The actions of the superintendent under division (D)    241          

                                                          6      

                                                                 
of this section shall be effective for a period of not more than   242          

one year.  At the expiration of such time, a new showing of need   243          

for such waiver, limitation, or authorization by the organization  244          

shall be made before a new waiver, limitation, or authorization    245          

is issued or imposed.                                              246          

      (F)  A health maintenance organization shall not be          248          

required to enroll individuals who are confined to a health care   249          

facility because of chronic illness, permanent injury, or other    250          

infirmity that would cause economic impairment to the health       251          

maintenance organization if such individuals were enrolled or to   252          

make the effective date of benefits for individuals enrolled       253          

under this section earlier than ninety days after the date of      254          

enrollment.  THIS DIVISION APPLIES ONLY WITH RESPECT TO            255          

INDIVIDUALS WHO ARE NOT FEDERALLY ELIGIBLE INDIVIDUALS.            256          

      (G)(1)  A health maintenance organization shall not be       258          

required to cover the fees or costs, or both, for any basic        259          

health care service or contract for supplemental health care       260          

services related to a transplant of a body organ if the            261          

transplant occurred within one year after the effective date of    262          

an individual's coverage under this section.                       263          

      (2)  The limitation on coverage set forth in division        265          

(G)(1) of this section does not apply to a newly born child who    266          

meets the requirements for coverage under section 1742.39 of the   267          

Revised Code.                                                      268          

      (3)  DIVISION (G) OF THIS SECTION APPLIES ONLY WITH RESPECT  272          

TO INDIVIDUALS WHO ARE NOT FEDERALLY ELIGIBLE INDIVIDUALS.         273          

      (H)(1)  A HEALTH MAINTENANCE ORGANIZATION MAY DENY COVERAGE  276          

UNDER THIS SECTION TO A FEDERALLY ELIGIBLE INDIVIDUAL IF THE       278          

ORGANIZATION DEMONSTRATES BOTH OF THE FOLLOWING TO THE             279          

SUPERINTENDENT:                                                                 

      (a)  THE ORGANIZATION DOES NOT HAVE THE FINANCIAL RESERVES   282          

NECESSARY TO UNDERWRITE ADDITIONAL COVERAGE.                       283          

      (b)  THE ORGANIZATION IS APPLYING DIVISION (H)(1) OF THIS    286          

SECTION UNIFORMLY TO ALL FEDERALLY ELIGIBLE INDIVIDUALS IN THE     287          

                                                          7      

                                                                 
INDIVIDUAL MARKET IN THIS STATE CONSISTENT WITH APPLICABLE LAWS    289          

AND RULES OF THIS STATE AND WITHOUT REGARD TO ANY HEALTH           290          

STATUS-RELATED FACTOR OF SUCH INDIVIDUALS OR WHETHER THE           291          

INDIVIDUALS ARE FEDERALLY ELIGIBLE INDIVIDUALS.                    292          

      (2) AN ORGANIZATION THAT, PURSUANT TO DIVISION (H)(1) OF     295          

THIS SECTION, REFUSES TO ISSUE COVERAGE IN A SERVICE AREA, SHALL   296          

NOT OFFER SUCH COVERAGE IN THE INDIVIDUAL MARKET WITHIN THAT       297          

SERVICE AREA FOR AT LEAST ONE HUNDRED EIGHTY DAYS AFTER THE DATE   298          

THE COVERAGE IS DENIED OR UNTIL THE ORGANIZATION HAS DEMONSTRATED  299          

TO THE SUPERINTENDENT THAT THE ORGANIZATION HAS SUFFICIENT         300          

FINANCIAL RESERVES TO UNDERWRITE ADDITIONAL COVERAGE, WHICHEVER    301          

IS LATER.                                                          302          

      (3)  THE SUPERINTENDENT MAY PROVIDE FOR THE APPLICATION OF   304          

DIVISION (H) OF THIS SECTION ON A SERVICE-AREA-SPECIFIC BASIS.     306          

      (I)(1)  WITH RESPECT TO INDIVIDUALS WHO ARE FEDERALLY        309          

ELIGIBLE INDIVIDUALS, A HEALTH MAINTENANCE ORGANIZATION MAY DO     310          

BOTH OF THE FOLLOWING:                                                          

      (a)  LIMIT THE INDIVIDUALS WHO MAY BE ENROLLED UNDER SUCH    313          

COVERAGE TO THOSE WHO LIVE, WORK, OR RESIDE IN THE SERVICE AREA;   314          

      (b)  DENY THE COVERAGE TO SUCH INDIVIDUALS WITHIN THE        317          

SERVICE AREA, IF THE ORGANIZATION HAS DEMONSTRATED BOTH OF THE     318          

FOLLOWING TO THE SUPERINTENDENT:                                   319          

      (i)  THE ORGANIZATION WILL NOT HAVE THE CAPACITY TO DELIVER  322          

SERVICES ADEQUATELY TO ADDITIONAL INDIVIDUAL ENROLLEES BECAUSE OF  323          

THE ORGANIZATION'S OBLIGATIONS TO EXISTING GROUP CONTRACT HOLDERS  324          

AND ENROLLEES AND INDIVIDUAL ENROLLEES.                                         

      (ii)  THE ORGANIZATION IS APPLYING DIVISION (I)(1)(b) OF     328          

THIS SECTION UNIFORMLY TO INDIVIDUALS WITHOUT REGARD TO ANY                     

HEALTH STATUS-RELATED FACTOR RELATING TO SUCH INDIVIDUALS AND      329          

WITHOUT REGARD TO WHETHER THE INDIVIDUALS ARE FEDERALLY ELIGIBLE   330          

INDIVIDUALS.                                                       331          

      (2)  AN ORGANIZATION THAT, PURSUANT TO DIVISION (I)(1)(b)    334          

OF THIS SECTION, DENIES COVERAGE IN A SERVICE AREA, SHALL NOT      335          

OFFER COVERAGE IN THE INDIVIDUAL MARKET WITHIN THAT SERVICE AREA   336          

                                                          8      

                                                                 
FOR AT LEAST ONE HUNDRED EIGHTY DAYS AFTER THE DATE THE COVERAGE   337          

IS DENIED.                                                         338          

      (J)  A HEALTH MAINTENANCE ORGANIZATION MAY REINSURE          341          

COVERAGE OF ANY FEDERALLY ELIGIBLE INDIVIDUAL ACQUIRED UNDER THIS  342          

SECTION WITH THE OPEN ENROLLMENT REINSURANCE PROGRAM IN            343          

ACCORDANCE WITH DIVISION (G) OF SECTION 3924.11 OF THE REVISED     346          

CODE.   FIXED PERIODIC PREPAYMENT RATES CHARGED FOR COVERAGE       347          

REINSURED BY THE PROGRAM SHALL BE ESTABLISHED IN ACCORDANCE WITH   348          

SECTION 3924.12 OF THE REVISED CODE.                               350          

      (K)  AS USED IN THIS SECTION:                                353          

      (1)  "FEDERALLY ELIGIBLE INDIVIDUAL" HAS THE SAME MEANING    355          

AS IN SECTION 2741(b) OF THE "HEALTH INSURANCE PORTABILITY AND     360          

ACCOUNTABILITY ACT OF 1996," PUB. L. NO. 104-191, 110 STAT. 1955,  362          

42 U.S.C.A. 300gg-41(b), AS AMENDED.                               365          

      (2)  "HEALTH STATUS-RELATED FACTOR" MEANS ANY OF THE         367          

FOLLOWING:                                                         368          

      (a)  HEALTH STATUS;                                          370          

      (b)  MEDICAL CONDITION, INCLUDING BOTH PHYSICAL AND MENTAL   373          

ILLNESSES;                                                                      

      (c)  CLAIMS EXPERIENCE;                                      375          

      (d)  RECEIPT OF HEALTH CARE;                                 377          

      (e)  MEDICAL HISTORY;                                        379          

      (f)  GENETIC INFORMATION;                                    381          

      (g)  EVIDENCE OF INSURABILITY, INCLUDING CONDITIONS ARISING  384          

OUT OF ACTS OF DOMESTIC VIOLENCE;                                               

      (h)  DISABILITY.                                             386          

      Sec. 1742.13.  (A)  EVERY GROUP CONTRACT ISSUED BY A HEALTH  388          

MAINTENANCE ORGANIZATION SHALL PROVIDE AN OPTION FOR CONVERSION    389          

TO A DIRECT PAYMENT BASIS TO ANY SUBSCRIBER COVERED BY THE GROUP   390          

CONTRACT WHO TERMINATES EMPLOYMENT OR MEMBERSHIP IN THE GROUP      391          

UNLESS:                                                                         

      (1)  TERMINATION OF THE CONVERSION OPTION OR CONTRACT IS     393          

BASED UPON NONPAYMENT OF PREMIUM AFTER REASONABLE NOTICE IN        394          

WRITING;                                                           395          

                                                          9      

                                                                 
      (2)  THE SUBSCRIBER IS, OR IS ELIGIBLE TO BE, COVERED FOR    397          

BENEFITS AT LEAST COMPARABLE TO THE GROUP POLICY UNDER:            398          

      (a)  TITLE XVIII OF THE SOCIAL SECURITY ACT, AS AMENDED OR   402          

SUPERSEDED;                                                        403          

      (b)  ANY ACT OF CONGRESS OR LAW UNDER THIS OR ANY OTHER      405          

STATE OF THE UNITED STATES WHICH PROVIDES COVERAGE AT LEAST        406          

COMPARABLE TO THE BENEFITS OFFERED UNDER DIVISION (A)(2)(a) OF     408          

THIS SECTION;                                                                   

      (c)  ANY POLICY OF INSURANCE OR HOSPITALIZATION PLAN         410          

PROVIDING COVERAGE AT LEAST COMPARABLE TO THE BENEFITS UNDER       411          

DIVISION (A)(2)(a) OF THIS SECTION.                                412          

      (B)  THE DIRECT PAYMENT CONTRACT OFFERED BY THE HEALTH       414          

MAINTENANCE ORGANIZATION, PURSUANT TO DIVISION (A) OF THIS         415          

SECTION, SHALL PROVIDE A BASIC AND STANDARD PLAN ESTABLISHED BY    416          

THE BOARD OF DIRECTORS OF THE OHIO HEALTH REINSURANCE PROGRAM OR   418          

PLANS SUBSTANTIALLY SIMILAR TO THE BASIC AND STANDARD PLAN IN      419          

BENEFIT DESIGN AND SCOPE OF COVERED SERVICES.  FOR PURPOSES OF     420          

THIS DIVISION, THE SUPERINTENDENT OF INSURANCE SHALL DETERMINE     421          

WHETHER A PLAN IS SUBSTANTIALLY SIMILAR TO THE BASIC OR STANDARD   422          

PLAN IN BENEFIT DESIGN AND SCOPE OF COVERED SERVICES.              423          

CONTRACTUAL PERIODIC PREPAYMENTS MAY NOT EXCEED AN AMOUNT THAT IS  424          

TWO TIMES THE MIDPOINT OF THE STANDARD RATE CHARGED ANY OTHER      425          

INDIVIDUAL OF A GROUP TO WHICH THE ORGANIZATION IS CURRENTLY       426          

ACCEPTING NEW BUSINESS AND FOR WHICH SIMILAR COPAYMENTS AND        427          

DEDUCTIBLES ARE APPLIED.                                                        

      THE CONTRACT MAY INCLUDE A COORDINATION OF BENEFITS          430          

PROVISION AS APPROVED BY THE SUPERINTENDENT.                                    

      (C)  THE OPTION FOR CONVERSION SHALL BE AVAILABLE:           432          

      (1)  UPON THE DEATH OF THE EMPLOYEE OR MEMBER, TO THE        434          

SURVIVING SPOUSE WITH RESPECT TO SUCH OF THE SPOUSE AND            435          

DEPENDENTS AS ARE THEN COVERED BY THE GROUP CONTRACT;              436          

      (2)  TO A CHILD SOLELY WITH RESPECT TO HIMSELF OR HERSELF    438          

UPON ATTAINING THE LIMITING AGE OF COVERAGE UNDER THE GROUP        439          

CONTRACT WHILE COVERED AS A DEPENDENT THEREUNDER;                  440          

                                                          10     

                                                                 
      (3)  UPON THE DIVORCE, DISSOLUTION, OR ANNULMENT OF THE      442          

MARRIAGE OF THE EMPLOYEE OR MEMBER, TO THE DIVORCED SPOUSE, OR     443          

FORMER SPOUSE IN THE EVENT OF ANNULMENT, OF SUCH EMPLOYEE OR       444          

MEMBER.                                                            445          

      (D)  NO HEALTH MAINTENANCE ORGANIZATION SHALL USE AGE AS     447          

THE BASIS FOR REFUSING TO RENEW A CONVERTED CONTRACT.              448          

      (E)  WRITTEN NOTICE OF THE CONVERSION OPTION PROVIDED BY     450          

DIVISIONS (B) AND (C) OF THIS SECTION SHALL BE GIVEN TO THE        451          

SUBSCRIBER BY THE HEALTH MAINTENANCE ORGANIZATION BY MAIL TO THE   452          

SUBSCRIBER'S ADDRESS IN THE RECORDS OF THE EMPLOYER UPON RECEIPT   453          

OF NOTICE FROM THE EMPLOYER OF THE EVENT GIVING RISE TO THE        454          

CONVERSION OPTION.  IF THE EMPLOYEE OR SUBSCRIBER HAS NOT          455          

RECEIVED NOTICE OF THE CONVERSION PRIVILEGE AT LEAST FIFTEEN DAYS  456          

PRIOR TO THE EXPIRATION OF THE THIRTY-DAY CONVERSION PERIOD, THEN  457          

THE EMPLOYEE OR SUBSCRIBER HAS AN ADDITIONAL PERIOD WITHIN WHICH   458          

TO EXERCISE THE PRIVILEGE.  THIS ADDITIONAL PERIOD SHALL EXPIRE    459          

FIFTEEN DAYS AFTER THE EMPLOYEE OR SUBSCRIBER RECEIVES NOTICE,     460          

BUT IN NO EVENT SHALL THE PERIOD EXTEND BEYOND SIXTY DAYS AFTER    461          

THE EXPIRATION OF THE THIRTY-DAY CONVERSION PERIOD.                462          

      Sec. 1742.16.  No health maintenance organization, or        471          

representative thereof, may cause or knowingly permit the use of   472          

any advertisement, solicitation document, or activity which is     473          

untrue, misleading, or deceptive.                                  474          

      No health maintenance organization may cancel or fail to     476          

renew the coverage of a subscriber because of his ANY health       478          

status or his STATUS-RELATED FACTOR IN RELATION TO THE             479          

SUBSCRIBER, THE SUBSCRIBER'S requirements for health care          480          

services, or for any other reason designated under rules           482          

promulgated by the superintendent of insurance.                    483          

      Unless otherwise required by state or federal law, no        485          

health maintenance organization, or any health care facility or    486          

provider through which it has made arrangements to provide health  487          

care services under its health care plan or plans, shall           488          

discriminate against any individual with regard to enrollment,     489          

                                                          11     

                                                                 
disenrollment, or the quality of health care services rendered to  490          

enrollees, on the basis of such individual's race, color, sex,     491          

age, religion, state of health, or status as a recipient of        492          

medicare or medical assistance under Title XVIII or XIX of the     493          

"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as      494          

amended, OR ANY HEALTH STATUS-RELATED FACTOR IN RELATION TO THE    495          

INDIVIDUAL; provided, however, an organization shall not be        496          

required to accept a recipient of medicare or medical assistance,  497          

if an agreement has not been reached on appropriate payment        498          

mechanisms between the organization and the governmental agency    499          

administering such programs, and provided further, however,        500          

except during a period of open enrollment under section 1742.12    501          

of the Revised Code, a health maintenance organization may reject  502          

an application for non-group NONGROUP enrollment on the basis of   503          

the state of ANY health of STATUS-RELATED FACTOR IN RELATION TO    505          

the applicant.                                                     506          

      No health maintenance organization may, unless licensed to   508          

transact the business of insurance in this state, in referring to  509          

or describing itself, use in its name or contracts any of the      510          

words "insurance," "casualty," "surety," "mutual," or any other    511          

words descriptive of the insurance, casualty, or surety business   512          

or deceptively similar to the name or description of any           513          

insurance or surety corporation doing business in this state.      514          

      AS USED IN THIS SECTION, "HEALTH STATUS-RELATED FACTOR"      517          

MEANS ANY OF THE FOLLOWING:                                                     

      (A)  HEALTH STATUS;                                          520          

      (B)  MEDICAL CONDITION, INCLUDING BOTH PHYSICAL AND MENTAL   523          

ILLNESSES;                                                                      

      (C)  CLAIMS EXPERIENCE;                                      526          

      (D)  RECEIPT OF HEALTH CARE;                                 529          

      (E)  MEDICAL HISTORY;                                        532          

      (F)  GENETIC INFORMATION;                                    535          

      (G)  EVIDENCE OF INSURABILITY, INCLUDING CONDITIONS ARISING  538          

OUT OF ACTS OF DOMESTIC VIOLENCE;                                  539          

                                                          12     

                                                                 
      (H)  DISABILITY.                                             541          

      Sec. 1742.37.  No individual or group health maintenance     550          

organization contract providing THAT MAKES family coverage         551          

AVAILABLE may be delivered, issued for delivery, or renewed in     552          

this state on or after January 1, 1989, unless the contract        553          

covers adopted children of the subscriber on the same basis as     554          

other dependents.                                                               

      The coverage required by this section is subject to the      556          

requirements and restrictions set forth in section 3924.51 of the  557          

Revised Code.                                                      558          

      Sec. 1742.39.  (A)  Each individual or group evidence of     567          

coverage that is delivered, issued for delivery, or renewed by a   568          

health maintenance organization in this state on or after January  569          

1, 1992, and that provides MAKES coverage AVAILABLE for family     571          

members of a subscriber also shall provide that coverage           572          

applicable to children is payable from the moment of birth with    573          

respect to a newly born child of the subscriber or subscriber's    574          

spouse.                                                                         

      (B)  Coverage for a newly born child is effective for a      576          

period of thirty-one days from the date of birth.                  577          

      (C)  To continue coverage for a newly born child beyond the  579          

thirty-one-day period described in division (B) of this section,   580          

the subscriber shall notify the organization within that period.   581          

      (D)  If payment of a specific fixed periodic prepayment is   583          

required to provide coverage under this section for an additional  584          

child, the evidence of coverage may require the subscriber to      585          

make this payment to the organization within the thirty-one-day    586          

period described in division (B) of this section in order to       587          

continue the coverage beyond that period.                          588          

      Sec. 1742.45.  (A)  Notwithstanding section 3901.71 of the   598          

Revised Code, each individual or group health maintenance          599          

organization contract delivered, issued for delivery, or renewed   600          

in this state that provides maternity benefits shall provide       601          

coverage of inpatient care and follow-up care for a mother and     602          

                                                          13     

                                                                 
her newborn as follows:                                                         

      (1)  The contract shall cover a minimum of forty-eight       604          

hours of inpatient care following a normal vaginal delivery and a  605          

minimum of ninety-six hours of inpatient care following a          608          

cesarean delivery.  Services covered as inpatient care shall       609          

include medical, educational, and any other services that are                   

consistent with the inpatient care recommended in the protocols    610          

and guidelines developed by national organizations that represent  611          

pediatric, obstetric, and nursing professionals.                   612          

      (2)  The contract shall cover a physician-directed source    614          

of follow-up care.  Services covered as follow-up care shall       615          

include physical assessment of the mother and newborn, parent      616          

education, assistance and training in breast or bottle feeding,    617          

assessment of the home support system, performance of any          618          

medically necessary and appropriate clinical tests, and any other  619          

services that are consistent with the follow-up care recommended   620          

in the protocols and guidelines developed by national              621          

organizations that represent pediatric, obstetric, and nursing     622          

professionals.  The coverage shall apply to services provided in   623          

a medical setting or through home health care visits.  The         624          

coverage shall apply to a home health care visit only if the       625          

health care professional who conducts the visit is knowledgeable   626          

and experienced in maternity and newborn care.                                  

      When a decision is made in accordance with division (B) of   628          

this section to discharge a mother or newborn prior to the         629          

expiration of the applicable number of hours of inpatient care     630          

required to be covered, the coverage of follow-up care shall       631          

apply to all follow-up care that is provided within forty-eight    632          

SEVENTY-TWO hours after discharge.  When a mother or newborn       633          

receives at least the number of hours of inpatient care required   634          

to be covered, the coverage of follow-up care shall apply to       635          

follow-up care that is determined to be medically necessary by     636          

the health care professionals responsible for discharging the      637          

mother or newborn.                                                              

                                                          14     

                                                                 
      (B)  Any decision to shorten the length of inpatient stay    640          

to less than that specified under division (A)(1) of this section  642          

shall be made by the physician attending the mother or newborn,    643          

except that if a nurse-midwife is attending the mother in          644          

collaboration with a physician, the decision may be made by the    645          

nurse-midwife.  Decisions regarding early discharge shall be made  646          

only after conferring with the mother or a person responsible for  647          

the mother or newborn.  For purposes of this division, a person    648          

responsible for the mother or newborn may include a parent,        649          

guardian, or any other person with authority to make medical       650          

decisions for the mother or newborn.                                            

      (C)(1)  No health maintenance organization may do either of  653          

the following:                                                                  

      (a)  Terminate the participation of a health care            656          

professional or health care facility as a provider under an                     

individual or group health maintenance organization contract       657          

solely for making recommendations for inpatient or follow-up care  659          

for a particular mother or newborn that are consistent with the    660          

care required to be covered by this section;                                    

      (b)  Establish or offer monetary or other financial          663          

incentives for the purpose of encouraging a person to decline the  664          

inpatient or follow-up care required to be covered by this         665          

section.                                                                        

      (2)  Whoever violates division (C)(1)(a) or (b) of this      669          

section has engaged in an unfair and deceptive act or practice in  670          

the business of insurance under sections 3901.19 to 3901.26 of     671          

the Revised Code.                                                  673          

      (D)  This section does not do any of the following:          676          

      (1)  Require a contract to cover inpatient or follow-up      679          

care that is not received in accordance with the contract's terms  680          

pertaining to the health care professionals and facilities from    681          

which an individual is authorized to receive health care           682          

services.                                                                       

      (2)  Require a mother or newborn to stay in a hospital or    685          

                                                          15     

                                                                 
other inpatient setting for a fixed period of time following                    

delivery;                                                          686          

      (3)  Require a child to be delivered in a hospital or other  689          

inpatient setting;                                                              

      (4)  Authorize a nurse-midwife to practice beyond the        691          

authority to practice nurse-midwifery in accordance with Chapter   693          

4723. of the Revised Code;                                         695          

      (5)  Establish minimum standards of medical diagnosis,       697          

care, or treatment for inpatient or follow-up care for a mother    698          

or newborn.  A deviation from the care required to be covered      699          

under this section shall not, solely on the basis of this          700          

section, give rise to a medical claim or derivative medical        701          

claim, as those terms are defined in section 2305.11 of the        702          

Revised Code.                                                      704          

      Sec. 1742.47.  THE FOLLOWING CONDITIONS APPLY TO ALL         706          

INDIVIDUAL HEALTH MAINTENANCE ORGANIZATION CONTRACTS AND ALL       707          

GROUP HEALTH MAINTENANCE ORGANIZATION CONTRACTS THAT ARE NOT       708          

SUBJECT TO SECTION 3924.03 OF THE REVISED CODE:                    711          

      (A)  EXCEPT AS PROVIDED IN SECTION 2742(b) TO (e) OF THE     715          

"HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996,"     720          

PUB. L. NO. 104-191, 110 STAT. 1955, 42 U.S.C.A. 300gg-42, AS      725          

AMENDED, A HEALTH MAINTENANCE ORGANIZATION THAT PROVIDES           726          

INDIVIDUAL COVERAGE TO AN INDIVIDUAL SHALL RENEW OR CONTINUE IN    727          

FORCE SUCH COVERAGE AT THE OPTION OF THE INDIVIDUAL.               728          

      (B)  EXCEPT AS PROVIDED IN SECTION 2712(b) TO (e) OF THE     732          

"HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996," IF  736          

A HEALTH MAINTENANCE ORGANIZATION OFFERS COVERAGE IN THE SMALL OR  737          

LARGE GROUP MARKET IN CONNECTION WITH A GROUP CONTRACT, THE        738          

ORGANIZATION SHALL RENEW OR CONTINUE IN FORCE SUCH COVERAGE AT     739          

THE OPTION OF THE CONTRACT HOLDER.                                 740          

      (C)  SUCH GROUP CONTRACTS ARE SUBJECT TO DIVISIONS (A) AND   743          

(E)(1) OF SECTION 3924.03 AND SECTIONS 3924.033 AND 3924.27 OF     744          

THE REVISED CODE.                                                  746          

      Sec. 3901.21.  The following are hereby defined as unfair    755          

                                                          16     

                                                                 
and deceptive acts or practices in the business of insurance:      756          

      (A)  Making, issuing, circulating, or causing or permitting  758          

to be made, issued, or circulated, or preparing with intent to so  759          

use, any estimate, illustration, circular, or statement            760          

misrepresenting the terms of any policy issued or to be issued or  761          

the benefits or advantages promised thereby or the dividends or    762          

share of the surplus to be received thereon, or making any false   763          

or misleading statements as to the dividends or share of surplus   764          

previously paid on similar policies, or making any misleading      765          

representation or any misrepresentation as to the financial        766          

condition of any insurer as shown by the last preceding verified   767          

statement made by it to the insurance department of this state,    768          

or as to the legal reserve system upon which any life insurer      769          

operates, or using any name or title of any policy or class of     770          

policies misrepresenting the true nature thereof, or making any    771          

misrepresentation or incomplete comparison to any person for the   772          

purpose of inducing or tending to induce such person to purchase,  773          

amend, lapse, forfeit, change, or surrender insurance.             774          

      Any written statement concerning the premiums for a policy   776          

which refers to the net cost after credit for an assumed           777          

dividend, without an accurate written statement of the gross       778          

premiums, cash values, and dividends based on the insurer's        779          

current dividend scale, which are used to compute the net cost     780          

for such policy, and a prominent warning that the rate of          781          

dividend is not guaranteed, is a misrepresentation for the         782          

purposes of this division.                                         783          

      (B)  Making, publishing, disseminating, circulating, or      785          

placing before the public or causing, directly or indirectly, to   786          

be made, published, disseminated, circulated, or placed before     787          

the public, in a newspaper, magazine, or other publication, or in  788          

the form of a notice, circular, pamphlet, letter, or poster, or    789          

over any radio station, or in any other way, or preparing with     790          

intent to so use, an advertisement, announcement, or statement     791          

containing any assertion, representation, or statement, with       792          

                                                          17     

                                                                 
respect to the business of insurance or with respect to any        793          

person in the conduct of his THE PERSON'S insurance business,      794          

which is untrue, deceptive, or misleading.                         795          

      (C)  Making, publishing, disseminating, or circulating,      797          

directly or indirectly, or aiding, abetting, or encouraging the    798          

making, publishing, disseminating, or circulating, or preparing    799          

with intent to so use, any statement, pamphlet, circular,          800          

article, or literature, which is false as to the financial         801          

condition of an insurer and which is calculated to injure any      802          

person engaged in the business of insurance.                       803          

      (D)  Filing with any supervisory or other public official,   805          

or making, publishing, disseminating, circulating, or delivering   806          

to any person, or placing before the public, or causing directly   807          

or indirectly to be made, published, disseminated, circulated,     808          

delivered to any person, or placed before the public, any false    809          

statement of financial condition of an insurer.                    810          

      Making any false entry in any book, report, or statement of  812          

any insurer with intent to deceive any agent or examiner lawfully  813          

appointed to examine into its condition or into any of its         814          

affairs, or any public official to whom such insurer is required   815          

by law to report, or who has authority by law to examine into its  816          

condition or into any of its affairs, or, with like intent,        817          

willfully omitting to make a true entry of any material fact       818          

pertaining to the business of such insurer in any book, report,    819          

or statement of such insurer, or mutilating, destroying,           820          

suppressing, withholding, or concealing any of its records.        821          

      (E)  Issuing or delivering or permitting agents, officers,   823          

or employees to issue or deliver agency company stock or other     824          

capital stock or benefit certificates or shares in any common-law  825          

corporation or securities or any special or advisory board         826          

contracts or other contracts of any kind promising returns and     827          

profits as an inducement to insurance.                             828          

      (F)  Making or permitting any unfair discrimination among    830          

individuals of the same class and equal expectation of life in     831          

                                                          18     

                                                                 
the rates charged for any contract of life insurance or of life    832          

annuity or in the dividends or other benefits payable thereon, or  833          

in any other of the terms and conditions of such contract.         834          

      (G)(1)  Except as otherwise expressly provided by law,       836          

knowingly permitting or offering to make or making any contract    837          

of life insurance, life annuity or accident and health insurance,  838          

or agreement as to such contract other than as plainly expressed   839          

in the contract issued thereon, or paying or allowing, or giving   840          

or offering to pay, allow, or give, directly or indirectly, as     841          

inducement to such insurance, or annuity, any rebate of premiums   842          

payable on the contract, or any special favor or advantage in the  843          

dividends or other benefits thereon, or any valuable               844          

consideration or inducement whatever not specified in the          845          

contract; or giving, or selling, or purchasing, or offering to     846          

give, sell, or purchase, as inducement to such insurance or        847          

annuity or in connection therewith, any stocks, bonds, or other    848          

securities, or other obligations of any insurance company or       849          

other corporation, association, or partnership, or any dividends   850          

or profits accrued thereon, or anything of value whatsoever not    851          

specified in the contract.                                         852          

      (2)  Nothing in division (F) or division (G)(1) of this      854          

section shall be construed as prohibiting any of the following     855          

practices:  (a) in the case of any contract of life insurance or   856          

life annuity, paying bonuses to policyholders or otherwise         857          

abating their premiums in whole or in part out of surplus          858          

accumulated from nonparticipating insurance, provided that any     859          

such bonuses or abatement of premiums shall be fair and equitable  860          

to policyholders and for the best interests of the company and     861          

its policyholders;  (b) in the case of life insurance policies     862          

issued on the industrial debit plan, making allowance to           863          

policyholders who have continuously for a specified period made    864          

premium payments directly to an office of the insurer in an        865          

amount which fairly represents the saving in collection expenses;  866          

(c) readjustment of the rate of premium for a group insurance      867          

                                                          19     

                                                                 
policy based on the loss or expense experience thereunder, at the  868          

end of the first or any subsequent policy year of insurance        869          

thereunder, which may be made retroactive only for such policy     870          

year.                                                              871          

      (H)  Making, issuing, circulating, or causing or permitting  873          

to be made, issued, or circulated, or preparing with intent to so  874          

use, any statement to the effect that a policy of life insurance   875          

is, is the equivalent of, or represents shares of capital stock    876          

or any rights or options to subscribe for or otherwise acquire     877          

any such shares in the life insurance company issuing that policy  878          

or any other company.                                              879          

      (I)  Making, issuing, circulating, or causing or permitting  881          

to be made, issued or circulated, or preparing with intent to so   882          

issue, any statement to the effect that payments to a              883          

policyholder of the principal amounts of a pure endowment are      884          

other than payments of a specific benefit for which specific       885          

premiums have been paid.                                           886          

      (J)  Making, issuing, circulating, or causing or permitting  888          

to be made, issued, or circulated, or preparing with intent to so  889          

use, any statement to the effect that any insurance company was    890          

required to change a policy form or related material to comply     891          

with Title XXXIX of the Revised Code or any regulation of the      892          

superintendent of insurance, for the purpose of inducing or        893          

intending to induce any policyholder or prospective policyholder   894          

to purchase, amend, lapse, forfeit, change, or surrender           895          

insurance.                                                         896          

      (K)  Aiding or abetting another to violate this section.     898          

      (L)  Refusing to issue any policy of insurance, or           900          

canceling or declining to renew such policy because of the sex or  901          

marital status of the applicant, prospective insured, insured, or  902          

policyholder.                                                      903          

      (M)  Making or permitting any unfair discrimination between  905          

individuals of the same class and of essentially the same hazard   906          

in the amount of premium, policy fees, or rates charged for any    907          

                                                          20     

                                                                 
policy or contract of insurance, other than life insurance, or in  908          

the benefits payable thereunder, or in underwriting standards and  909          

practices or eligibility requirements, or in any of the terms or   910          

conditions of such contract, or in any other manner whatever.      911          

      (N)  Refusing to make available disability income insurance  913          

solely because the applicant's principal occupation is that of     914          

managing a household.                                              915          

      (O)  Refusing, when offering maternity benefits under any    917          

individual or group sickness and accident insurance policy, to     918          

make maternity benefits available to the policyholder for the      919          

individual or individuals to be covered under any comparable       920          

policy to be issued for delivery in this state, including family   921          

members if the policy otherwise provides coverage for family       922          

members.  Nothing in this division shall be construed to prohibit  923          

an insurer from imposing a reasonable waiting period for such      924          

benefits UNDER AN INDIVIDUAL SICKNESS AND ACCIDENT INSURANCE       925          

POLICY, but in no event shall such waiting period exceed two       926          

hundred seventy days.                                              927          

      (P)  Using, or permitting to be used, a pattern settlement   929          

as the basis of any offer of settlement.  As used in this          930          

division, "pattern settlement" means a method by which liability   931          

is routinely imputed to a claimant without an investigation of     932          

the particular occurrence upon which the claim is based and by     933          

using a predetermined formula for the assignment of liability      934          

arising out of occurrences of a similar nature.  Nothing in this   935          

division shall be construed to prohibit an insurer from            936          

determining a claimant's liability by applying formulas or         937          

guidelines to the facts and circumstances disclosed by the         938          

insurer's investigation of the particular occurrence upon which a  939          

claim is based.                                                    940          

      (Q)  Refusing to insure, or refusing to continue to insure,  942          

or limiting the amount, extent, or kind of life or sickness and    943          

accident insurance or annuity coverage available to an             944          

individual, or charging an individual a different rate for the     945          

                                                          21     

                                                                 
same coverage solely because of blindness or partial blindness.    946          

With respect to all other conditions, including the underlying     947          

cause of blindness or partial blindness, persons who are blind or  948          

partially blind shall be subject to the same standards of sound    949          

actuarial principles or actual or reasonably anticipated           950          

actuarial experience as are sighted persons.  Refusal to insure    951          

includes, but is not limited to, denial by an insurer of           952          

disability insurance coverage on the grounds that the policy       953          

defines "disability" as being presumed in the event that the       954          

eyesight of the insured is lost.  However, an insurer may exclude  955          

from coverage disabilities consisting solely of blindness or       956          

partial blindness when such conditions existed at the time the     957          

policy was issued.  To the extent that the provisions of this      958          

division may appear to conflict with any provision of section      959          

3999.16 of the Revised Code, this division applies.                960          

      (R)(1)  Directly or indirectly offering to sell, selling,    962          

or delivering, issuing for delivery, renewing, or using or         963          

otherwise marketing any policy of insurance or insurance product   964          

in connection with or in any way related to the grant of a         965          

student loan guaranteed in whole or in part by an agency or        966          

commission of this state or the United States, except insurance    967          

that is required under federal or state law as a condition for     968          

obtaining such a loan and the premium for which is included in     969          

the fees and charges applicable to the loan; or, in the case of    970          

an insurer or insurance agent, knowingly permitting any lender     971          

making such loans to engage in such acts or practices in           972          

connection with the insurer's or agent's insurance business.       973          

      (2)  Except in the case of a violation of division (G) of    975          

this section, division (R)(1) of this section does not apply to    976          

either of the following:                                           977          

      (a)  Acts or practices of an insurer, its agents,            979          

representatives, or employees in connection with the grant of a    980          

guaranteed student loan to its insured or the insured's spouse or  981          

dependent children where such acts or practices take place more    982          

                                                          22     

                                                                 
than ninety days after the effective date of the insurance;        983          

      (b)  Acts or practices of an insurer, its agents,            985          

representatives, or employees in connection with the               986          

solicitation, processing, or issuance of an insurance policy or    987          

product covering the student loan borrower or his THE BORROWER'S   988          

spouse or dependent children, where such acts or practices take    989          

place more than one hundred eighty days after the date on which    990          

the borrower is notified that the student loan was approved.       991          

      (S)  Denying coverage, under any health insurance or health  993          

care policy, contract, or plan providing family coverage, to any   994          

natural or adopted child of the named insured or subscriber        995          

solely on the basis that the child does not reside in the          996          

household of the named insured or subscriber.                      997          

      (T)(1)  Using any underwriting standard or engaging in any   999          

other act or practice that, directly or indirectly, due solely to  1,000        

the actual or expected ANY health condition of STATUS-RELATED      1,002        

FACTOR IN RELATION TO one or more individuals, does either of the  1,003        

following:                                                                      

      (a)  Terminates or fails to renew an existing individual     1,005        

policy, contract, or plan of health benefits, or a health benefit  1,006        

plan issued to a small AN employer as those terms are defined in   1,007        

section 3924.01 of the Revised Code, for which an individual       1,008        

would otherwise be eligible;                                                    

      (b)  With respect to a health benefit plan issued to a       1,010        

small AN employer, as those terms are defined in section 3924.01   1,011        

of the Revised Code, excludes or causes the exclusion of an        1,013        

individual from coverage under an existing employer-provided       1,014        

policy, contract, or plan of health benefits, except that an       1,015        

insurer may exclude, on the basis of health status, a late         1,016        

enrollee as defined in section 3924.01 of the Revised Code.        1,017        

      (2)  The superintendent of insurance may adopt rules in      1,019        

accordance with Chapter 119. of the Revised Code for purposes of   1,020        

implementing division (T)(1) of this section.                      1,021        

      (3)  FOR PURPOSES OF DIVISION (T)(1) OF THIS SECTION,        1,025        

                                                          23     

                                                                 
"HEALTH STATUS-RELATED FACTOR" MEANS ANY OF THE FOLLOWING:         1,026        

      (a)  HEALTH STATUS;                                          1,028        

      (b)  MEDICAL CONDITION, INCLUDING BOTH PHYSICAL AND MENTAL   1,031        

ILLNESSES;                                                                      

      (c)  CLAIMS EXPERIENCE;                                      1,033        

      (d)  RECEIPT OF HEALTH CARE;                                 1,035        

      (e)  MEDICAL HISTORY;                                        1,037        

      (f)  GENETIC INFORMATION;                                    1,039        

      (g)  EVIDENCE OF INSURABILITY, INCLUDING CONDITIONS ARISING  1,042        

OUT OF ACTS OF DOMESTIC VIOLENCE;                                               

      (h)  DISABILITY.                                             1,044        

      (U)  With respect to a health benefit plan issued to a       1,046        

small employer, as those terms are defined in section 3924.01 of   1,047        

the Revised Code, negligently or willfully placing coverage for    1,048        

adverse risks with a certain carrier, as defined in section        1,049        

3924.01 of the Revised Code.                                                    

      (V)  Using any program, scheme, device, or other unfair act  1,051        

or practice that, directly or indirectly, causes or results in     1,052        

the placing of coverage for adverse risks with another carrier,    1,053        

as defined in section 3924.01 of the Revised Code.                 1,054        

      (W)  Failing to comply with section 3923.23, 3923.231,       1,056        

3923.232, 3923.233, or 3923.234 of the Revised Code by engaging    1,057        

in any unfair, discriminatory reimbursement practice.              1,058        

      (X)  Intentionally establishing an unfair premium for, or    1,060        

misrepresenting the cost of, any insurance policy financed under   1,061        

a premium finance agreement of an insurance premium finance        1,062        

company.                                                           1,063        

      With respect to private passenger automobile insurance, no   1,065        

insurer shall charge different premium rates to persons residing   1,066        

within the limits of any municipal corporation based solely on     1,067        

the location of the residence of the insured within those limits.  1,068        

      The enumeration in sections 3901.19 to 3901.26 of the        1,070        

Revised Code of specific unfair or deceptive acts or practices in  1,071        

the business of insurance is not exclusive or restrictive or       1,072        

                                                          24     

                                                                 
intended to limit the powers of the superintendent of insurance    1,073        

to adopt rules to implement this section, or to take action under  1,074        

other sections of the Revised Code.                                1,075        

      This section does not prohibit the sale of shares of any     1,077        

investment company registered under the "Investment Company Act    1,078        

of 1940," 54 Stat. 789, 15 U.S.C.A. 80a-1, as amended, or any      1,079        

policies, annuities, or other contracts described in section       1,080        

3907.15 of the Revised Code.                                       1,081        

      As used in this section, "estimate," "statement,"            1,083        

"representation," "misrepresentation," "advertisement," or         1,084        

"announcement" includes oral or written occurrences.               1,085        

      Sec. 3923.122.  (A)  Every policy of group sickness and      1,095        

accident insurance providing hospital, surgical, or medical        1,096        

expense coverage for other than specific diseases or accidents     1,097        

only, and delivered, issued for delivery, or renewed in this       1,098        

state on or after January 1, 1976, shall include a provision       1,099        

giving each insured the option to convert to any of the            1,100        

individual policies of hospital, surgical, or medical expense      1,101        

insurance then being issued by the insurer with benefit limits     1,102        

not to exceed those in effect under the group policy A BASIC OR    1,103        

STANDARD PLAN ESTABLISHED BY THE BOARD OF DIRECTORS OF THE OHIO    1,105        

HEALTH REINSURANCE PROGRAM OR PLANS SUBSTANTIALLY SIMILAR TO THE   1,106        

BASIC AND STANDARD PLAN IN BENEFIT DESIGN AND SCOPE OF COVERED     1,107        

SERVICES.  FOR PURPOSES OF THIS DIVISION, THE SUPERINTENDENT OF    1,109        

INSURANCE SHALL DETERMINE WHETHER A PLAN IS SUBSTANTIALLY SIMILAR  1,110        

TO THE BASIC OR STANDARD PLAN IN BENEFIT DESIGN AND SCOPE OF       1,111        

COVERED SERVICES.                                                               

      (B)  An option for conversion to an individual policy shall  1,113        

be available without evidence of insurability to every insured,    1,114        

including any person eligible under division (D) of this section,  1,115        

who terminates his employment or membership in the group holding   1,116        

the policy after having been continuously insured thereunder for   1,117        

at least one year.                                                 1,118        

      Upon receipt of the insured's written application and upon   1,120        

                                                          25     

                                                                 
payment of at least the first quarterly premium not later than     1,121        

thirty-one days after the termination of coverage under the group  1,122        

policy, the insurer shall issue a converted policy on a form then  1,123        

available for conversion.  The premium shall be in accordance      1,124        

with the insurer's table of premium rates in effect on the later   1,125        

of the following dates:                                            1,126        

      (1)  The effective date of the converted policy;             1,128        

      (2)  The date of application therefor; and shall be          1,130        

applicable to the class of risk to which each person covered       1,132        

belongs and to the form and amount of the policy at his THE                     

PERSON'S then attained age.  HOWEVER, PREMIUMS MAY NOT EXCEED AN   1,134        

AMOUNT THAT IS TWO TIMES THE MIDPOINT OF THE STANDARD RATE         1,135        

CHARGED ANY OTHER INDIVIDUAL OF A GROUP TO WHICH THE INSURER IS    1,136        

CURRENTLY ACCEPTING NEW BUSINESS AND FOR WHICH SIMILAR COPAYMENTS  1,137        

AND DEDUCTIBLES ARE APPLIED.                                       1,138        

      At the election of the insurer, a separate converted policy  1,140        

may be issued to cover any dependent of an employee or member of   1,141        

the group.                                                         1,142        

      Except as provided in division (H) of this section, any      1,144        

converted policy shall become effective as of the day following    1,145        

the date of termination of insurance under the group policy.       1,146        

      Any probationary or waiting period set forth in the          1,148        

converted policy is deemed to commence on the effective date of    1,149        

the insured's coverage under the group policy.                     1,150        

      (C)  No insurer shall be required to issue a converted       1,152        

policy to any person who is, or is eligible to be, covered for     1,153        

benefits at least comparable to the group policy under:            1,154        

      (1)  Title XVIII of the Social Security Act, as amended or   1,156        

superseded;                                                        1,157        

      (2)  Any act of congress or law under this or any other      1,159        

state of the United States that duplicates coverage offered under  1,160        

division (C)(1) of this section;                                   1,161        

      (3)  Any policy that duplicates coverage offered under       1,163        

division (C)(1) of this section;                                   1,164        

                                                          26     

                                                                 
      (4)  Any other group sickness and accident insurance         1,166        

providing hospital, surgical, or medical expense coverage for      1,167        

other than specific diseases or accidents only.                    1,168        

      (D)  The option for conversion shall be available:           1,170        

      (1)  Upon the death of the employee or member, to the        1,172        

surviving spouse with respect to such of the spouse and            1,173        

dependents as are then covered by the group policy;                1,174        

      (2)  To a child solely with respect to himself OR HERSELF    1,176        

upon his attaining the limiting age of coverage under the group    1,178        

policy while covered as a dependent thereunder;                    1,179        

      (3)  Upon the divorce, dissolution, or annulment of the      1,181        

marriage of the employee or member, to the divorced spouse, or     1,182        

former spouse in the event of annulment, of such employee or       1,183        

member, or upon the legal separation of the spouse from such       1,184        

employee or member, to the spouse.                                 1,185        

      Persons possessing the option for conversion pursuant to     1,187        

this division shall be considered members for the purposes of      1,188        

division (H) of this section.                                      1,189        

      (E)  If coverage is continued under a group policy on an     1,191        

employee following his retirement prior to the time he THE         1,192        

EMPLOYEE is, or is eligible to be, covered by Title XVIII of the   1,194        

Social Security Act, he THE EMPLOYEE may elect, in lieu of the     1,195        

continuance of group insurance, to have the same conversion        1,197        

rights as would apply had his THE EMPLOYEE'S insurance terminated  1,199        

at retirement by reason of termination of employment.              1,200        

      (F)  If the insurer and the group policyholder agree upon    1,202        

one or more additional plans of benefits to be available for       1,203        

converted policies, the applicant for the converted policy may     1,204        

elect such a plan in lieu of a converted policy.                   1,205        

      (G)  The converted policy may contain provisions for         1,207        

avoiding duplication of benefits provided pursuant to divisions    1,208        

(C)(1), (2), (3), and (4) of this section or provided under any    1,209        

other insured or noninsured plan or program.                       1,210        

      (H)  If an employee or member becomes entitled to obtain a   1,212        

                                                          27     

                                                                 
converted policy pursuant to this section, and if the employee or  1,213        

member has not received notice of the conversion privilege at      1,214        

least fifteen days prior to the expiration of the thirty-one-day   1,215        

conversion period provided in division (B) of this section, then   1,216        

the employee or member has an additional period within which to    1,217        

exercise the privilege.  This additional period shall expire       1,218        

fifteen days after the employee or member receives notice, but in  1,219        

no event shall the period extend beyond sixty days after the       1,220        

expiration of the thirty-one-day conversion period.                1,221        

      Written notice presented to the employee or member, or       1,223        

mailed by the policyholder to the last known address of the        1,224        

employee or member as indicated on its records, constitutes        1,225        

notice for the purpose of this division.  In the case of a person  1,226        

who is eligible for a converted policy under division (D) (2) or   1,227        

(D)(3) of this section, a policyholder shall not be responsible    1,228        

for presenting or mailing such notice, unless such policyholder    1,229        

has actual knowledge of the person's eligibility for a converted   1,230        

policy.                                                            1,231        

      If an additional period is allowed by an employee or member  1,233        

for the exercise of a conversion privilege, and if written         1,234        

application for the converted policy, accompanied by at least the  1,235        

first quarterly premium, is made after the expiration of the       1,236        

thirty-one-day conversion period, but within the additional        1,237        

period allowed an employee or member in accordance with this       1,238        

division, the effective date of the converted policy shall be the  1,239        

date of application.                                               1,240        

      (I)  The converted policy may provide:                       1,242        

      (1)  That any hospital, surgical, or medical expense         1,244        

benefits otherwise payable with respect to any person may be       1,245        

reduced by the amount of any such benefits payable under the       1,246        

group policy for the same loss after termination of coverage;      1,247        

      (2)  For termination of coverage on any person who is, or    1,249        

is eligible to be, covered pursuant to division (C) of this        1,250        

section;                                                           1,251        

                                                          28     

                                                                 
      (3)  That the insurer may request information in advance of  1,253        

any premium due date of the policy as to whether the insured is,   1,254        

or is eligible to be, covered pursuant to division (C) of this     1,255        

section.  If the insured is, or is eligible to be, covered, and    1,256        

he THE INSURED fails to furnish the details of his THE INSURED'S   1,258        

coverage or eligibility to the insurer within thirty-one days      1,259        

after the date of the request, the benefits payable under the      1,260        

converted policy may be based on the hospital, surgical, or        1,261        

medical expenses actually incurred after excluding expenses to     1,262        

the extent of the amount of benefits for which the insured is, or  1,263        

is eligible to be, covered pursuant to division (C) of this        1,264        

section.                                                                        

      (J)  The converted policy may contain:                       1,266        

      (1)  Any exclusion, reduction, or limitation contained in    1,268        

the group policy or customarily used in individual policies        1,269        

issued by the insurer;                                             1,270        

      (2)  Any provision permitted in this section;                1,272        

      (3)  Any other provision not prohibited by law.              1,274        

      Any provision required or permitted in this section may be   1,276        

made a part of any converted policy by means of an endorsement or  1,277        

rider.                                                             1,278        

      (K)  The time limit specified in a converted policy for      1,280        

certain defenses with respect to any person who was covered by a   1,281        

group policy shall commence on the effective date of such          1,282        

person's coverage under the group policy.                          1,283        

      (L)  No insurer shall use deterioration of health as the     1,285        

basis for refusing to renew a converted policy.                    1,286        

      (M)  No insurer shall use age as the basis for refusing to   1,288        

renew a converted policy.                                          1,289        

      (N)  A converted policy made available pursuant to this      1,291        

section shall, if delivery of the policy is to be made in this     1,292        

state, comply with this section.  If delivery of a converted       1,293        

policy is to be made in another state, it may be on a form         1,294        

offered by the insurer in the jurisdiction where the delivery is   1,295        

                                                          29     

                                                                 
to be made and which provides benefits substantially in            1,296        

compliance with those required in a policy delivered in this       1,297        

state.                                                             1,298        

      Sec. 3923.26.  Every certificate furnished by an insurer in  1,307        

connection with, or pursuant to any provision of, any group        1,308        

sickness and accident insurance policy providing coverage on an    1,309        

expense incurred basis, and every individual sickness and          1,310        

accident insurance policy which provides coverage on an expense    1,311        

incurred basis, either of which provides MAKES coverage AVAILABLE  1,313        

for family members of the insured, shall, as to such family        1,314        

members' coverage, also provide that any sickness and accident     1,315        

insurance benefits applicable for children shall be payable with   1,316        

respect to a newly born child of the insured from the moment of    1,317        

birth.                                                                          

      The coverage for newly born children shall consist of        1,319        

coverage of injury or sickness, including the necessary care and   1,320        

treatment of medically diagnosed congenital defects and birth      1,321        

abnormalities.                                                     1,322        

      If payment of a specific premium is required to provide      1,324        

coverage for an additional child, the certificate or policy may    1,325        

require that notification of birth of a newly born child and       1,326        

payment of the required premium must be furnished to the insurer   1,327        

within thirty-one days after the date of birth in order to have    1,328        

the coverage continue beyond such period.                          1,329        

      The requirements of this section apply to all such           1,331        

individual or group sickness and accident insurance policies       1,332        

delivered or issued for delivery in this state on or after         1,333        

January 1, 1975, and all such individual or group sickness and     1,334        

accident insurance policies renewed in this state on or after      1,335        

January 1, 1978.                                                   1,336        

      Sec. 3923.40.  No individual or group policy of sickness     1,345        

and accident insurance providing THAT MAKES family coverage        1,346        

AVAILABLE may be delivered, issued for delivery, or renewed in     1,348        

this state on or after January 1, 1989, unless the policy covers                

                                                          30     

                                                                 
adopted children of the insured on the same basis as other         1,349        

dependents.                                                                     

      The coverage required by this section is subject to the      1,351        

requirements and restrictions set forth in section 3924.51 of the  1,352        

Revised Code.                                                      1,353        

      Sec. 3923.57.  Notwithstanding any provision of this         1,362        

chapter, every individual policy of sickness and accident          1,363        

insurance that is delivered, issued for delivery, or renewed in    1,364        

this state is subject to the following conditions, as applicable:  1,365        

      (A)  Pre-existing conditions provisions shall not exclude    1,367        

or limit coverage for a period beyond twelve months following the  1,368        

policyholder's effective date of coverage and may only relate to   1,369        

conditions during the six months immediately preceding the         1,370        

effective date of coverage.                                        1,371        

      (B)  In determining whether a pre-existing conditions        1,373        

provision applies to a policyholder or dependent, each policy      1,374        

shall credit the time the policyholder or dependent was covered    1,375        

under a previous  policy, contract, or plan if the previous        1,377        

coverage was continuous to a date not more than thirty days prior  1,379        

to the effective date of the new coverage, exclusive of any        1,380        

applicable service waiting period under the policy.                1,381        

      (C)  Any such policy shall be renewable with respect to the  1,383        

policyholder, or dependents of the policyholder, at the option of  1,384        

the policyholder, except for any of the following reasons:         1,385        

      (1)  Nonpayment of the required premiums by the              1,387        

policyholder;                                                      1,388        

      (2)  Fraud or misrepresentation of the policyholder;         1,390        

      (3)  When the insurer ceases to do the business of           1,392        

individual sickness and accident insurance in this state,          1,393        

provided that all of the following conditions are met:             1,394        

      (a)  Notice of the decision to cease doing the business of   1,396        

individual sickness and accident insurance is provided to the      1,397        

department of insurance and the policyholder.                      1,398        

      (b)  An individual policy shall not be canceled by the       1,400        

                                                          31     

                                                                 
insurer for ninety days after the date of the notice required      1,402        

under division (C)(3)(a) of this section unless the business has   1,403        

been sold to another insurer.                                      1,404        

      (c)  An insurer that ceases to do the business of            1,406        

individual sickness and accident insurance in this state shall     1,407        

not resume such business in this state for a period of five years  1,408        

from the date of the notice required under division (C)(3)(a) of   1,409        

this section (1)  EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C) OF  1,411        

THIS SECTION, AN INSURER THAT PROVIDES AN INDIVIDUAL SICKNESS AND  1,412        

ACCIDENT INSURANCE POLICY TO AN INDIVIDUAL SHALL RENEW OR          1,413        

CONTINUE IN FORCE SUCH COVERAGE AT THE OPTION OF THE INDIVIDUAL.   1,414        

      (2)  AN INSURER MAY NONRENEW OR DISCONTINUE COVERAGE OF AN   1,417        

INDIVIDUAL IN THE INDIVIDUAL MARKET BASED ONLY ON ONE OR MORE OF   1,418        

THE FOLLOWING REASONS:                                                          

      (a)  THE INDIVIDUAL FAILED TO PAY PREMIUMS OR CONTRIBUTIONS  1,421        

IN ACCORDANCE WITH THE TERMS OF THE POLICY OR THE INSURER HAS NOT  1,422        

RECEIVED TIMELY PREMIUM PAYMENTS.                                               

      (b)  THE INDIVIDUAL PERFORMED AN ACT OR PRACTICE THAT        1,425        

CONSTITUTES FRAUD OR MADE AN INTENTIONAL MISREPRESENTATION OF      1,426        

MATERIAL FACT UNDER THE TERMS OF THE POLICY.                                    

      (c)  THE INSURER IS CEASING TO OFFER COVERAGE IN THE         1,429        

INDIVIDUAL MARKET IN ACCORDANCE WITH DIVISION (D) OF THIS SECTION  1,430        

AND THE APPLICABLE LAWS OF THIS STATE.                             1,431        

      (d)  IF THE INSURER OFFERS COVERAGE IN THE MARKET THROUGH A  1,434        

NETWORK PLAN, THE INDIVIDUAL NO LONGER RESIDES, LIVES, OR WORKS    1,435        

IN THE SERVICE AREA, OR IN AN AREA FOR WHICH THE INSURER IS        1,436        

AUTHORIZED TO DO BUSINESS; PROVIDED, HOWEVER, THAT SUCH COVERAGE   1,437        

IS TERMINATED UNIFORMLY WITHOUT REGARD TO ANY HEALTH               1,438        

STATUS-RELATED FACTOR OF COVERED INDIVIDUALS.                                   

      (e)  IF THE COVERAGE IS MADE AVAILABLE IN THE INDIVIDUAL     1,441        

MARKET ONLY THROUGH ONE OR MORE BONA FIDE ASSOCIATIONS, THE        1,442        

MEMBERSHIP OF THE INDIVIDUAL IN THE ASSOCIATION, ON THE BASIS OF   1,443        

WHICH THE COVERAGE IS PROVIDED, CEASES; PROVIDED, HOWEVER, THAT    1,444        

SUCH COVERAGE IS TERMINATED UNDER DIVISION (C)(2)(e) OF THIS       1,447        

                                                          32     

                                                                 
SECTION UNIFORMLY WITHOUT REGARD TO ANY HEALTH STATUS-RELATED      1,448        

FACTOR OF COVERED INDIVIDUALS.                                                  

      (D)(1)  IF AN INSURER DECIDES TO DISCONTINUE OFFERING A      1,451        

PARTICULAR TYPE OF HEALTH INSURANCE COVERAGE OFFERED IN THE        1,452        

INDIVIDUAL MARKET, COVERAGE OF SUCH TYPE MAY BE DISCONTINUED BY    1,453        

THE INSURER IF THE INSURER DOES ALL OF THE FOLLOWING:              1,454        

      (a)  PROVIDES NOTICE TO EACH INDIVIDUAL PROVIDED COVERAGE    1,457        

OF THIS TYPE IN SUCH MARKET OF THE DISCONTINUATION AT LEAST        1,458        

NINETY DAYS PRIOR TO THE DATE OF THE DISCONTINUATION OF THE        1,459        

COVERAGE;                                                                       

      (b)  OFFERS TO EACH INDIVIDUAL PROVIDED COVERAGE OF THIS     1,462        

TYPE IN SUCH MARKET, THE OPTION TO PURCHASE ANY OTHER INDIVIDUAL   1,463        

HEALTH INSURANCE COVERAGE CURRENTLY BEING OFFERED BY THE INSURER   1,464        

FOR INDIVIDUALS IN THAT MARKET;                                                 

      (c)  IN EXERCISING THE OPTION TO DISCONTINUE COVERAGE OF     1,467        

THIS TYPE AND IN OFFERING THE OPTION OF COVERAGE UNDER DIVISION    1,469        

(D)(1)(b) OF THIS SECTION, ACTS UNIFORMLY WITHOUT REGARD TO ANY    1,470        

HEALTH STATUS-RELATED FACTOR OF COVERED INDIVIDUALS OR OF          1,471        

INDIVIDUALS WHO MAY BECOME ELIGIBLE FOR SUCH COVERAGE.             1,472        

      (2)  IF AN INSURER ELECTS TO DISCONTINUE OFFERING ALL        1,474        

HEALTH INSURANCE COVERAGE IN THE INDIVIDUAL MARKET IN THIS STATE,  1,476        

HEALTH INSURANCE COVERAGE MAY BE DISCONTINUED BY THE INSURER ONLY  1,477        

IF BOTH OF THE FOLLOWING APPLY:                                                 

      (a)  THE INSURER PROVIDES NOTICE TO THE DEPARTMENT OF        1,480        

INSURANCE AND TO EACH INDIVIDUAL OF THE DISCONTINUATION AT LEAST   1,481        

ONE HUNDRED EIGHTY DAYS PRIOR TO THE DATE OF THE EXPIRATION OF     1,482        

THE COVERAGE.                                                                   

      (b)  ALL HEALTH INSURANCE DELIVERED OR ISSUED FOR DELIVERY   1,485        

IN THIS STATE IN SUCH MARKET IS DISCONTINUED AND COVERAGE UNDER    1,486        

THAT HEALTH INSURANCE IN THAT MARKET IS NOT RENEWED.               1,487        

      (3)  IN THE EVENT OF A DISCONTINUATION UNDER DIVISION        1,490        

(D)(2) OF THIS SECTION IN THE INDIVIDUAL MARKET, THE INSURER       1,491        

SHALL NOT PROVIDE FOR THE ISSUANCE OF ANY HEALTH INSURANCE         1,492        

COVERAGE IN THE MARKET AND THIS STATE DURING THE FIVE-YEAR PERIOD  1,493        

                                                          33     

                                                                 
BEGINNING ON THE DATE OF THE DISCONTINUATION OF THE LAST HEALTH    1,494        

INSURANCE COVERAGE NOT SO RENEWED.                                 1,495        

      (E)  Notwithstanding division DIVISIONS (C) AND (D) of this  1,498        

section, both of the following apply:                                           

      (1)  The benefit structure of any such policy may be         1,501        

changed by the insurer to make it consistent with the benefit                   

structure contained in individual policies being marketed to new   1,502        

individual insureds.                                               1,503        

      (2)  Any such policy may be rescinded for fraud, material    1,505        

misrepresentation, or concealment by an applicant, policyholder,   1,506        

or dependent AN INSURER MAY, AT THE TIME OF COVERAGE RENEWAL,      1,508        

MODIFY THE HEALTH INSURANCE COVERAGE FOR A POLICY FORM OFFERED TO  1,509        

INDIVIDUALS IN THE INDIVIDUAL MARKET IF THE MODIFICATION IS        1,510        

CONSISTENT WITH THE LAW OF THIS STATE AND EFFECTIVE ON A UNIFORM   1,511        

BASIS AMONG ALL INDIVIDUALS WITH THAT POLICY FORM.                 1,512        

      IN APPLYING DIVISIONS (C) TO (E) OF THIS SECTION WITH        1,516        

RESPECT TO HEALTH INSURANCE COVERAGE THAT IS MADE AVAILABLE BY AN  1,518        

INSURER IN THE INDIVIDUAL MARKET TO INDIVIDUALS ONLY THROUGH ONE   1,519        

OR MORE ASSOCIATIONS, THE TERM "INDIVIDUAL" INCLUDES THE                        

ASSOCIATION OF WHICH THE INDIVIDUAL IS A MEMBER.                   1,520        

      AS USED IN THIS SECTION, "BONA FIDE ASSOCIATION" HAS THE     1,523        

SAME MEANING AS IN SECTION 3924.03 OF THE REVISED CODE, AND        1,525        

"HEALTH-STATUS RELATED FACTOR" AND "NETWORK PLAN" HAVE THE SAME    1,526        

MEANINGS AS IN SECTION 3924.031 OF THE REVISED CODE.               1,528        

      This section does not apply to any policy that provides      1,530        

coverage for specific diseases or accidents only, or to any        1,531        

hospital indemnity, medicare supplement, long-term care,           1,532        

disability income, one-time-limited-duration policy of no longer   1,533        

than six months, or other policy that offers only supplemental     1,534        

benefits.                                                          1,535        

      Sec. 3923.571.  THE FOLLOWING CONDITIONS APPLY TO ALL GROUP  1,538        

POLICIES OF SICKNESS AND ACCIDENT INSURANCE THAT ARE NOT SUBJECT   1,539        

TO SECTION 3924.03 OF THE REVISED CODE:                            1,541        

      (A)  ANY SUCH POLICY SHALL COMPLY WITH THE REQUIREMENTS OF   1,543        

                                                          34     

                                                                 
DIVISION (A) OF SECTION 3924.03 OF THE REVISED CODE.               1,547        

      (B)  EXCEPT AS PROVIDED IN SECTION 2712(b) TO (e) OF THE     1,551        

"HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996,"     1,556        

PUB. L. NO. 104-191, 110 STAT. 1955, 42 U.S.C.A. 300gg-12, AS      1,561        

AMENDED, IF AN INSURER OFFERS COVERAGE IN THE SMALL OR LARGE       1,562        

GROUP MARKET IN CONNECTION WITH A GROUP POLICY, THE INSURER SHALL  1,563        

RENEW OR CONTINUE IN FORCE SUCH COVERAGE AT THE OPTION OF THE      1,564        

POLICYHOLDER.                                                                   

      (C)(1)  NO GROUP POLICY, OR INSURER OFFERING HEALTH          1,567        

INSURANCE COVERAGE IN CONNECTION WITH A GROUP POLICY, SHALL        1,568        

REQUIRE ANY INDIVIDUAL, AS A CONDITION OF COVERAGE OR CONTINUED    1,569        

COVERAGE UNDER THE POLICY, TO PAY A PREMIUM OR CONTRIBUTION THAT   1,570        

IS GREATER THAN THE PREMIUM OR CONTRIBUTION FOR A SIMILARLY        1,571        

SITUATED INDIVIDUAL COVERED UNDER THE POLICY ON THE BASIS OF ANY   1,572        

HEALTH STATUS-RELATED FACTOR IN RELATION TO THE INDIVIDUAL OR TO   1,573        

AN INDIVIDUAL COVERED UNDER THE PLAN AS A DEPENDENT OF THE         1,574        

INDIVIDUAL.                                                        1,575        

      (2)  NOTHING IN DIVISION (C)(1) OF THIS SECTION SHALL BE     1,578        

CONSTRUED TO RESTRICT THE AMOUNT THAT AN EMPLOYER MAY BE CHARGED   1,579        

FOR COVERAGE UNDER A GROUP POLICY, OR TO PREVENT A GROUP POLICY,   1,580        

AND AN INSURER OFFERING GROUP HEALTH INSURANCE COVERAGE, FROM      1,581        

ESTABLISHING PREMIUM DISCOUNTS OR REBATES OR MODIFYING OTHERWISE   1,582        

APPLICABLE COPAYMENTS OR DEDUCTIBLES IN RETURN FOR ADHERENCE TO    1,583        

PROGRAMS OF HEALTH PROMOTION AND DISEASE PREVENTION.               1,584        

      (D)  SUCH POLICIES SHALL PROVIDE FOR THE SPECIAL ENROLLMENT  1,587        

PERIODS DESCRIBED IN SECTION 2701(f) OF THE "HEALTH INSURANCE      1,591        

PORTABILITY AND ACCOUNTABILITY ACT OF 1996."                       1,593        

      Sec. 3923.58.  (A)  As used in sections 3923.58 and 3923.59  1,602        

of the Revised Code:                                               1,603        

      (1)  "Case characteristics," "eligible employee," "health    1,605        

HEALTH benefit plan," "late enrollee," AND "MEWA," and             1,608        

"pre-existing conditions provision" have the same meanings as in                

section 3924.01 of the Revised Code.                               1,610        

      (2)  "Insurer" means any sickness and accident insurance     1,612        

                                                          35     

                                                                 
company authorized to issue health benefit plans DO BUSINESS in    1,613        

this state, or MEWA authorized to issue insured health benefit     1,615        

plans in this state.  "Insurer" does not include any health        1,616        

maintenance organization that is owned or operated by an insurer.  1,617        

      (3)  "Small employer" means any person, firm, corporation,   1,619        

or partnership actively engaged in business whose total employed   1,620        

work force, on at least fifty per cent of its working days during  1,621        

the preceding year, consisted of at least two unrelated eligible   1,622        

employees but no more than twenty-five eligible employees, the     1,623        

majority of whom were employed within this state.  In determining  1,624        

the number of eligible employees, companies that are affiliated    1,625        

companies or that are eligible to file a combined tax return for   1,626        

purposes of state taxation shall be considered one employer.  In   1,627        

determining whether the members of an association are small        1,628        

employers, each member of the association shall be considered as   1,629        

a separate person, firm, corporation, or partnership PRE-EXISTING  1,630        

CONDITIONS PROVISION" MEANS A POLICY PROVISION THAT EXCLUDES OR    1,632        

LIMITS COVERAGE FOR CHARGES OR EXPENSES INCURRED DURING A          1,633        

SPECIFIED PERIOD FOLLOWING THE INSURED'S EFFECTIVE DATE OF         1,634        

COVERAGE AS TO A CONDITION WHICH, DURING A SPECIFIED PERIOD        1,635        

IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF COVERAGE, HAD          1,636        

MANIFESTED ITSELF IN SUCH A MANNER AS WOULD CAUSE AN ORDINARILY    1,637        

PRUDENT PERSON TO SEEK MEDICAL ADVICE, DIAGNOSIS, CARE, OR         1,638        

TREATMENT OR FOR WHICH MEDICAL ADVICE, DIAGNOSIS, CARE, OR         1,639        

TREATMENT WAS RECOMMENDED OR RECEIVED, OR A PREGNANCY EXISTING ON  1,640        

THE EFFECTIVE DATE OF COVERAGE.                                                 

      (4)  "Small employer group" means any group consisting of    1,642        

all of the eligible employees of a small employer, except those    1,643        

employees who are covered, or are eligible for coverage, under     1,644        

any other private or public health benefits arrangement,           1,645        

including the medicare program established under Title XVIII of    1,646        

the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,   1,647        

as amended, or any other act of congress or law of this or any     1,648        

other state of the United States that provides benefits            1,649        

                                                          36     

                                                                 
comparable to the benefits provided under this section.            1,650        

      (B)  Beginning in January of each year, insurers IN THE      1,653        

BUSINESS OF ISSUING INDIVIDUAL POLICIES OF SICKNESS AND ACCIDENT   1,654        

INSURANCE AS CONTEMPLATED BY SECTION 3923.021 OF THE REVISED       1,656        

CODE, EXCEPT INDIVIDUAL POLICIES ISSUED PURSUANT TO SECTION        1,657        

3923.122 OF THE REVISED CODE, shall accept applicants for open     1,661        

enrollment coverage, as set forth in divisions (B)(1) and (2) of   1,662        

this section DIVISION, in the order in which they apply for        1,664        

coverage and subject to the limitation set forth in division (G)   1,665        

of this section:.                                                               

      (1)  Insurers in the business of issuing health benefit      1,667        

plans to small employer groups shall accept small employer groups  1,668        

for which coverage is not otherwise available and for whom         1,669        

coverage had not been terminated by the employer or by an insurer  1,670        

or health maintenance organization during the preceding            1,671        

twelve-month period;                                               1,672        

      (2)  Insurers in the business of issuing individual          1,674        

policies of sickness and accident insurance as contemplated by     1,675        

section 3923.021 of the Revised Code, except individual policies   1,676        

issued pursuant to section 3923.122 of the Revised Code, shall     1,677        

either accept individuals pursuant to the open enrollment          1,678        

requirements of section 3941.53 of the Revised Code, if subject    1,679        

to that section, or accept for coverage pursuant to this section   1,681        

individuals to whom both of the following conditions apply:        1,682        

      (a)(1)  The individual is not applying for coverage as an    1,684        

employee of an employer, as a member of an association, or as a    1,685        

member of any other group.                                         1,686        

      (b)(2)  The individual is not covered, and is not eligible   1,688        

for coverage, under any other private or public health benefits    1,689        

arrangement, including the medicare program established under      1,690        

Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42  1,691        

U.S.C.A. 301, as amended, or any other act of congress or law of   1,692        

this or any other state of the United States that provides         1,693        

benefits comparable to the benefits provided under this section,   1,694        

                                                          37     

                                                                 
any medicare supplement policy, or any conversion or continuation  1,695        

of coverage policy under state or federal law.                     1,696        

      (C)  An insurer shall offer to any individual or small       1,698        

employer group accepted under this section the small employer      1,700        

health care plan established by the board of directors of the      1,701        

Ohio small employer health reinsurance program under division (A)  1,703        

of section 3924.10 of the Revised Code or a health benefit plan                 

that is substantially similar to the small employer health care    1,704        

plan in benefit plan design and scope of covered services.         1,705        

      An insurer may offer other health benefit plans in addition  1,707        

to, but not in lieu of, the plan required to be offered under      1,708        

this division.  These additional health benefit plans shall        1,709        

provide, at a minimum, the coverage provided by the small          1,710        

employer health care plan or any health benefit plan that is       1,711        

substantially similar to the small employer health care plan in                 

benefit plan design and scope of covered services.                 1,712        

      For purposes of this division, the superintendent of         1,714        

insurance shall determine whether a health benefit plan is         1,715        

substantially similar to the small employer health care plan in    1,716        

benefit plan design and scope of covered services.                 1,717        

      (D)  Health benefit plans issued under this section may      1,720        

establish pre-existing conditions provisions that exclude or       1,721        

limit coverage for a period of up to twelve months following the   1,722        

individual's effective date of coverage and that may relate only   1,723        

to conditions during the six months immediately preceding the      1,724        

effective date of coverage.  However, an insurer may exclude a     1,725        

late enrollee for a period of up to eighteen months following the  1,726        

individual's date of application for coverage.                     1,727        

      (E)  Premiums charged to groups or individuals under this    1,729        

section may not exceed an amount that is two and one-half times    1,730        

the highest rate charged any other group with similar case         1,731        

characteristics or any other individual to which the insurer is    1,732        

currently accepting new business, and for which similar            1,733        

copayments and deductibles are applied.                            1,734        

                                                          38     

                                                                 
      (F)  In offering health benefit plans under this section,    1,736        

an insurer may require the purchase of health benefit plans that   1,737        

condition the reimbursement of health services upon the use of a   1,738        

specific network of providers.                                     1,739        

      (G)(1)  In no event shall an insurer be required to accept   1,743        

annually under this section either individuals or small employer   1,744        

groups that WHO, in the aggregate, would cause the insurer to      1,745        

have a total number of new insureds that is more than one-half     1,747        

per cent of its total number of insured individuals in this state  1,748        

per year, as contemplated by section 3923.021 of the Revised       1,749        

Code, and small group certificate holders of health benefit plans  1,750        

in this state per year, calculated as of the immediately           1,753        

preceding thirty-first day of December and excluding the           1,754        

insurer's medicare supplement policies and conversion or           1,756        

continuation of coverage policies under state or federal law and   1,757        

any policies described in division (N)(M) of this section.  If an  1,758        

insurer is subject to, and elects to operate under, the            1,760        

individual open enrollment requirements of section 3941.53 of the  1,761        

Revised Code, in no event shall the insurer be required to accept  1,762        

annually under this section small employer groups that would       1,763        

cause the insurer to have a total number of new insureds that is   1,764        

more than one-half per cent of its total number of small group     1,765        

certificate holders calculated as set forth in division (G)(1) of  1,766        

this section.                                                                   

      (2)  An officer of the insurer shall certify to the          1,768        

department of insurance when it has met the enrollment limit set   1,769        

forth in division (G)(1) of this section.  Upon providing such     1,770        

certification, the insurer shall be relieved of its open           1,771        

enrollment requirement under this section for the remainder of     1,772        

the calendar year.                                                 1,773        

      (H)  An insurer shall not be required to accept under this   1,775        

section applicants who, at the time of enrollment, are confined    1,776        

to a health care facility because of chronic illness, permanent    1,777        

injury, or other infirmity that would cause economic impairment    1,778        

                                                          39     

                                                                 
to the insurer if the applicants were accepted, or to make the     1,779        

effective date of benefits for individuals or groups accepted      1,780        

under this section earlier than ninety days after the date of      1,781        

acceptance.                                                        1,782        

      (I)  The requirements of this section do not apply to any    1,784        

insurer that is currently in a state of supervision, insolvency,   1,785        

or liquidation.  If an insurer demonstrates to the satisfaction    1,786        

of the superintendent that the requirements of this section would  1,788        

place the insurer in a state of supervision, insolvency, or        1,789        

liquidation, the superintendent may waive or modify the            1,790        

requirements of division (B) or (G) of this section.  The actions               

of the superintendent under this division shall be effective for   1,792        

a period of not more than one year.  At the expiration of such     1,793        

time, a new showing of need for a waiver or modification by the    1,794        

insurer shall be made before a new waiver or modification is       1,795        

issued or imposed.                                                              

      (J)  No hospital, health care facility, or health care       1,797        

practitioner, and no person who employs any health care            1,798        

practitioner, shall balance bill any individual or dependent of    1,799        

an individual or any eligible employee or dependent of an          1,801        

employee for any health care supplies or services provided to the  1,802        

individual or dependent or the eligible employee or dependent,     1,803        

who is insured under a policy or enrolled under a health benefit   1,805        

plan issued under this section.  The hospital, health care         1,806        

facility, or health care practitioner, or any person that employs  1,807        

the health care practitioner, shall accept payments made to it by  1,808        

the insurer under the terms of the policy or contract insuring or  1,810        

covering such individual as payment in full for such health care   1,811        

supplies or services.                                              1,812        

      As used in this division, "hospital" has the same meaning    1,814        

as in section 3727.01 of the Revised Code; "health care            1,815        

practitioner" has the same meaning as in section 4769.01 of the    1,816        

Revised Code; and "balance bill" means charging or collecting an   1,817        

amount in excess of the amount reimbursable or payable under the   1,818        

                                                          40     

                                                                 
policy or health care service contract issued to an individual or  1,819        

group under this section for such health care supply or service.   1,820        

"Balance bill" does not include charging for or collecting         1,821        

copayments or deductibles required by the policy or contract.      1,822        

      (K)  An insurer shall pay an agent a commission in the       1,824        

amount of five per cent of the premium charged for initial         1,825        

placement or for otherwise securing the issuance of a policy or    1,826        

contract issued to an individual or small employer group under     1,827        

this section, and four per cent of the premium charged for the                  

renewal of such a policy or contract.  The superintendent may      1,828        

adopt, in accordance with Chapter 119. of the Revised Code, such   1,829        

rules as are necessary to enforce this division.                   1,830        

      (L)  Except as otherwise provided in this section, sections  1,832        

3924.01 to 3924.06 of the Revised Code apply to all health         1,833        

benefit plans issued under this section.                           1,834        

      (M)  Individuals accepted for coverage under this section    1,836        

may be issued contracts and certificates subject to the            1,837        

requirements of section 3923.12 of the Revised Code.  The          1,838        

coverage issued to such individuals is not subject to the          1,839        

requirements of section 3923.021 of the Revised Code.              1,840        

      (N)(M)  This section does not apply to any policy that       1,842        

provides coverage for specific diseases or accidents only, or to   1,844        

any hospital indemnity, medicare supplement, long-term care,                    

disability income, one-time-limited-duration policy of no longer   1,846        

than six months, or other policy that offers only supplemental     1,847        

benefits.                                                                       

      Sec. 3923.581.  (A)  AS USED IN THIS SECTION:                1,849        

      (1)  "FEDERALLY ELIGIBLE INDIVIDUAL" MEANS AN ELIGIBLE       1,851        

INDIVIDUAL AS DEFINED IN SECTION 2741(b) OF THE "HEALTH INSURANCE  1,853        

PORTABILITY AND ACCOUNTABILITY ACT OF 1996," PUB. L. NO. 104-191,  1,854        

110 STAT. 1955, 42 U.S.C.A. 300gg-41, AS AMENDED.                  1,855        

      (2)  "HEALTH BENEFIT PLAN," "MEWA," AND "PRE-EXISTING        1,857        

CONDITIONS PROVISION" HAVE THE SAME MEANINGS AS IN SECTION         1,858        

3924.01 OF THE REVISED CODE.                                                    

                                                          41     

                                                                 
      (3)  "HEALTH STATUS-RELATED FACTOR" MEANS ANY OF THE         1,860        

FOLLOWING:                                                                      

      (a)  HEALTH STATUS;                                          1,862        

      (b)  MEDICAL CONDITION, INCLUDING BOTH PHYSICAL AND MENTAL   1,864        

ILLNESSES;                                                         1,865        

      (c)  CLAIMS EXPERIENCE;                                      1,867        

      (d)  RECEIPT OF HEALTH CARE;                                 1,869        

      (e)  MEDICAL HISTORY;                                        1,871        

      (f)  GENETIC INFORMATION;                                    1,873        

      (g)  EVIDENCE OF INSURABILITY, INCLUDING CONDITIONS ARISING  1,875        

OUT OF ACTS OF DOMESTIC VIOLENCE;                                  1,876        

      (h)  DISABILITY.                                             1,878        

      (4)  "INSURER" MEANS ANY SICKNESS AND ACCIDENT INSURANCE     1,880        

COMPANY OR MEWA AUTHORIZED TO DO BUSINESS IN THIS STATE.           1,881        

"INSURER" DOES NOT INCLUDE ANY HEALTH MAINTENANCE ORGANIZATION     1,882        

THAT IS OWNED OR OPERATED BY AN INSURER.                           1,883        

      (5)  "MIDPOINT RATE" MEANS, FOR INDIVIDUALS WITH SIMILAR     1,885        

CASE CHARACTERISTICS AND PLAN DESIGNS AND AS DETERMINED BY THE     1,886        

APPLICABLE INSURER FOR A RATING PERIOD, THE ARITHMETIC AVERAGE OF  1,887        

THE APPLICABLE BASE PREMIUM RATE AND THE CORRESPONDING HIGHEST     1,888        

PREMIUM RATE.                                                                   

      (6)  "NETWORK PLAN" MEANS A HEALTH BENEFIT PLAN OF AN        1,890        

INSURER UNDER WHICH THE FINANCING AND DELIVERY OF MEDICAL CARE,    1,891        

INCLUDING ITEMS AND SERVICES PAID FOR AS MEDICAL CARE, ARE         1,892        

PROVIDED, IN WHOLE OR IN PART, THROUGH A DEFINED SET OF PROVIDERS  1,893        

UNDER CONTRACT WITH THE INSURER.                                                

      (B)  BEGINNING IN JANUARY OF EACH YEAR, INSURERS IN THE      1,895        

BUSINESS OF ISSUING INDIVIDUAL POLICIES OF SICKNESS AND ACCIDENT   1,896        

INSURANCE AS CONTEMPLATED BY SECTION 3923.021 OF THE REVISED       1,897        

CODE, EXCEPT INDIVIDUAL POLICIES ISSUED PURSUANT TO SECTION        1,898        

3923.122 OF THE REVISED CODE, SHALL ACCEPT FEDERALLY ELIGIBLE                   

INDIVIDUALS FOR OPEN ENROLLMENT COVERAGE, AS PROVIDED IN THIS      1,899        

SECTION, IN THE ORDER IN WHICH THEY APPLY FOR COVERAGE AND         1,900        

SUBJECT TO THE LIMITATION SET FORTH IN DIVISION (J) OF THIS        1,901        

                                                          42     

                                                                 
SECTION.                                                                        

      (C)  NO INSURER SHALL DO EITHER OF THE FOLLOWING:            1,903        

      (1)  DECLINE TO OFFER SUCH COVERAGE TO, OR DENY ENROLLMENT   1,905        

OF, SUCH INDIVIDUALS;                                              1,906        

      (2)  APPLY ANY PRE-EXISTING CONDITIONS PROVISION TO SUCH     1,908        

COVERAGE.                                                                       

      (D)  AN INSURER SHALL OFFER TO FEDERALLY ELIGIBLE            1,910        

INDIVIDUALS THE BASIC AND STANDARD PLAN ESTABLISHED BY THE BOARD   1,911        

OF DIRECTORS OF THE OHIO HEALTH REINSURANCE PROGRAM OR PLANS       1,912        

SUBSTANTIALLY SIMILAR TO THE BASIC AND STANDARD PLAN IN BENEFIT    1,913        

DESIGN AND SCOPE OF COVERED SERVICES.  FOR PURPOSES OF THIS        1,914        

DIVISION, THE SUPERINTENDENT OF INSURANCE SHALL DETERMINE WHETHER  1,915        

A PLAN IS SUBSTANTIALLY SIMILAR TO THE BASIC OR STANDARD PLAN IN                

BENEFIT DESIGN AND SCOPE OF COVERED SERVICES.                      1,916        

      (E)  PREMIUMS CHARGED TO INDIVIDUALS UNDER THIS SECTION MAY  1,918        

NOT EXCEED AN AMOUNT THAT IS TWO TIMES THE MIDPOINT RATE CHARGED   1,919        

ANY OTHER INDIVIDUAL TO WHICH THE INSURER IS CURRENTLY ACCEPTING   1,920        

NEW BUSINESS, AND FOR WHICH SIMILAR COPAYMENTS AND DEDUCTIBLES     1,921        

ARE APPLIED.                                                                    

      (F)  IF AN INSURER OFFERS A HEALTH BENEFIT PLAN IN THE       1,923        

INDIVIDUAL MARKET THROUGH A NETWORK PLAN, THE INSURER MAY DO BOTH  1,924        

OF THE FOLLOWING:                                                               

      (1)  LIMIT THE FEDERALLY ELIGIBLE INDIVIDUALS THAT MAY       1,926        

APPLY FOR SUCH COVERAGE TO THOSE WHO LIVE, WORK, OR RESIDE IN THE  1,927        

SERVICE AREA OF THE NETWORK PLAN;                                  1,928        

      (2)  WITHIN THE SERVICE AREA OF THE NETWORK PLAN, DENY THE   1,930        

COVERAGE TO FEDERALLY ELIGIBLE INDIVIDUALS IF THE INSURER HAS      1,931        

DEMONSTRATED BOTH OF THE FOLLOWING TO THE SUPERINTENDENT:          1,932        

      (a)  THE INSURER WILL NOT HAVE THE CAPACITY TO DELIVER       1,934        

SERVICES ADEQUATELY TO ANY ADDITIONAL INDIVIDUALS BECAUSE OF THE   1,935        

INSURER'S OBLIGATIONS TO EXISTING GROUP CONTRACT HOLDERS AND       1,936        

INDIVIDUALS.                                                                    

      (b)  THE INSURER IS APPLYING DIVISION (F)(2) OF THIS         1,938        

SECTION UNIFORMLY TO ALL FEDERALLY ELIGIBLE INDIVIDUALS WITHOUT    1,939        

                                                          43     

                                                                 
REGARD TO ANY HEALTH STATUS-RELATED FACTOR OF THOSE INDIVIDUALS.   1,940        

      (G)  AN INSURER THAT, PURSUANT TO DIVISION (F)(2) OF THIS    1,942        

SECTION, DENIES COVERAGE TO AN INDIVIDUAL IN THE SERVICE AREA OF   1,943        

A NETWORK PLAN, SHALL NOT OFFER COVERAGE IN THE INDIVIDUAL MARKET  1,944        

WITHIN THAT SERVICE AREA FOR AT LEAST ONE HUNDRED EIGHTY DAYS      1,945        

AFTER THE DATE THE COVERAGE IS DENIED.                             1,946        

      (H)  AN INSURER MAY REFUSE TO ISSUE HEALTH BENEFIT PLANS TO  1,948        

FEDERALLY ELIGIBLE INDIVIDUALS IF THE INSURER HAS DEMONSTRATED     1,949        

BOTH OF THE FOLLOWING TO THE SUPERINTENDENT:                       1,950        

      (1)  THE INSURER DOES NOT HAVE THE FINANCIAL RESERVES        1,952        

NECESSARY TO UNDERWRITE ADDITIONAL COVERAGE.                       1,953        

      (2)  THE INSURER IS APPLYING DIVISION (H) OF THIS SECTION    1,955        

UNIFORMLY TO ALL FEDERALLY ELIGIBLE INDIVIDUALS IN THIS STATE      1,956        

CONSISTENT WITH THE APPLICABLE LAWS AND RULES OF THIS STATE AND    1,957        

WITHOUT REGARD TO ANY HEALTH STATUS-RELATED FACTOR RELATING TO     1,958        

THOSE INDIVIDUALS.                                                              

      (I)  AN INSURER THAT, PURSUANT TO DIVISION (H) OF THIS       1,960        

SECTION, REFUSES TO ISSUE HEALTH BENEFIT PLANS TO FEDERALLY        1,961        

ELIGIBLE INDIVIDUALS, SHALL NOT OFFER HEALTH BENEFIT PLANS IN THE  1,962        

INDIVIDUAL MARKET IN THIS STATE FOR AT LEAST ONE HUNDRED EIGHTY    1,963        

DAYS AFTER THE DATE THE COVERAGE IS DENIED OR UNTIL THE INSURER    1,964        

HAS DEMONSTRATED TO THE SUPERINTENDENT THAT THE INSURER HAS        1,965        

SUFFICIENT FINANCIAL RESERVES TO UNDERWRITE ADDITIONAL COVERAGE,                

WHICHEVER IS LATER.                                                1,966        

      (J)(1)  EXCEPT AS PROVIDED IN DIVISION (J)(2) OF THIS        1,969        

SECTION, AN INSURER SHALL NOT BE REQUIRED TO ACCEPT ANNUALLY       1,971        

UNDER THIS SECTION FEDERALLY ELIGIBLE INDIVIDUALS WHO, IN THE      1,972        

AGGREGATE, WOULD CAUSE THE INSURER TO HAVE A TOTAL NUMBER OF NEW   1,973        

INSUREDS THAT IS MORE THAN ONE-HALF PER CENT OF ITS TOTAL NUMBER   1,974        

OF INSURED INDIVIDUALS IN THIS STATE PER YEAR, AS CONTEMPLATED BY  1,975        

SECTION 3923.021 OF THE REVISED CODE, CALCULATED AS OF THE         1,976        

IMMEDIATELY PRECEDING THIRTY-FIRST DAY OF DECEMBER AND EXCLUDING   1,977        

THE INSURER'S MEDICARE SUPPLEMENT POLICIES AND CONVERSION OR       1,979        

CONTINUATION OF COVERAGE POLICIES UNDER STATE OR FEDERAL LAW AND   1,980        

                                                          44     

                                                                 
ANY POLICIES DESCRIBED IN DIVISION (M) OF SECTION 3923.58 OF THE   1,981        

REVISED CODE.                                                                   

      (2)  AN OFFICER OF THE INSURER SHALL CERTIFY TO THE          1,983        

DEPARTMENT OF INSURANCE WHEN IT HAS MET THE ENROLLMENT LIMIT SET   1,984        

FORTH IN DIVISION (J)(1) OF THIS SECTION.  UPON PROVIDING SUCH     1,985        

CERTIFICATION, THE INSURER SHALL BE RELIEVED OF ITS OPEN           1,986        

ENROLLMENT REQUIREMENT UNDER THIS SECTION FOR THE REMAINDER OF     1,987        

THE CALENDAR YEAR UNLESS, PRIOR TO THE END OF THE CALENDAR YEAR,   1,989        

ALL THE INSURERS SUBJECT TO THIS SECTION HAVE INDIVIDUALLY MET     1,990        

THE ENROLLMENT LIMIT SET FORTH IN DIVISION (J)(1) OF THIS          1,992        

SECTION.  IN THAT EVENT, INSURERS SHALL AGAIN ACCEPT APPLICANTS    1,993        

FOR OPEN ENROLLMENT COVERAGE PURSUANT TO THIS SECTION, SUBJECT TO  1,994        

THE ENROLLMENT LIMIT SET FORTH IN DIVISION (J)(1) OF THIS          1,996        

SECTION.                                                                        

      (K)  THE SUPERINTENDENT MAY PROVIDE FOR THE APPLICATION OF   1,998        

THIS SECTION ON A SERVICE-AREA-SPECIFIC BASIS.                     1,999        

      (L)  THE REQUIREMENT OF THIS SECTION SHALL NOT APPLY TO ANY  2,001        

HEALTH BENEFIT PLAN DESCRIBED IN DIVISION (M) OF SECTION 3923.58   2,002        

OF THE REVISED CODE.                                                            

      Sec. 3923.59.  Any insurer may reinsure coverage of any      2,011        

individual, small employer group, or member of that group          2,012        

acquired under section 3923.58 OR 3923.581 of the Revised Code     2,014        

with the Ohio small employer health OPEN ENROLLMENT reinsurance    2,015        

program in accordance with division (G) of section 3924.11 of the  2,016        

Revised Code.  Premium rates charged for coverage reinsured by     2,017        

the program shall be established in accordance with section        2,018        

3924.12 of the Revised Code.                                                    

      Sec. 3923.63.  (A)  Notwithstanding section 3901.71 of the   2,027        

Revised Code, each individual or group policy of sickness and      2,029        

accident insurance delivered, issued for delivery, or renewed in   2,030        

this state that provides maternity benefits shall provide                       

coverage of inpatient care and follow-up care for a mother and     2,031        

her newborn as follows:                                                         

      (1)  The policy shall cover a minimum of forty-eight hours   2,034        

                                                          45     

                                                                 
of inpatient care following a normal vaginal delivery and a        2,035        

minimum of ninety-six hours of inpatient care following a          2,036        

cesarean delivery.  Services covered as inpatient care shall       2,037        

include medical, educational, and any other services that are      2,038        

consistent with the inpatient care recommended in the protocols    2,039        

and guidelines developed by national organizations that represent  2,040        

pediatric, obstetric, and nursing professionals.                   2,041        

      (2)  The policy shall cover a physician-directed source of   2,043        

follow-up care.  Services covered as follow-up care shall include  2,044        

physical assessment of the mother and newborn, parent education,   2,045        

assistance and training in breast or bottle feeding, assessment    2,046        

of the home support system, performance of any medically           2,047        

necessary and appropriate clinical tests, and any other services   2,048        

that are consistent with the follow-up care recommended in the     2,049        

protocols and guidelines developed by national organizations that  2,051        

represent pediatric, obstetric, and nursing professionals.  The    2,052        

coverage shall apply to services provided in a medical setting or  2,053        

through home health care visits.  The coverage shall apply to a                 

home health care visit only if the health care professional who    2,054        

conducts the visit is knowledgeable and experienced in maternity   2,055        

and newborn care.                                                               

      When a decision is made in accordance with division (B) of   2,057        

this section to discharge a mother or newborn prior to the         2,058        

expiration of the applicable number of hours of inpatient care     2,059        

required to be covered, the coverage of follow-up care shall       2,060        

apply to all follow-up care that is provided within forty-eight    2,061        

SEVENTY-TWO hours after discharge.  When a mother or newborn       2,062        

receives at least the number of hours of inpatient care required   2,063        

to be covered, the coverage of follow-up care shall apply to       2,064        

follow-up care that is determined to be medically necessary by     2,065        

the health care professionals responsible for discharging the      2,066        

mother or newborn.                                                              

      (B)  Any decision to shorten the length of inpatient stay    2,069        

to less than that specified under division (A)(1) of this section  2,071        

                                                          46     

                                                                 
shall be made by the physician attending the mother or newborn,    2,072        

except that if a nurse-midwife is attending the mother in          2,073        

collaboration with a physician, the decision may be made by the    2,074        

nurse-midwife.  Decisions regarding early discharge shall be made  2,075        

only after conferring with the mother or a person responsible for  2,076        

the mother or newborn.  For purposes of this division, a person    2,077        

responsible for the mother or newborn may include a parent,        2,078        

guardian, or any other person with authority to make medical       2,079        

decisions for the mother or newborn.                                            

      (C)(1)  No sickness and accident insurer may do either of    2,082        

the following:                                                                  

      (a)  Terminate the participation of a health care            2,085        

professional or health care facility as a provider under a                      

sickness and accident insurance policy solely for making           2,086        

recommendations for inpatient or follow-up care for a particular   2,087        

mother or newborn that are consistent with the care required to    2,088        

be covered by this section;                                        2,089        

      (b)  Establish or offer monetary or other financial          2,092        

incentives for the purpose of encouraging a person to decline the  2,093        

inpatient or follow-up care required to be covered by this         2,094        

section.                                                                        

      (2)  Whoever violates division (C)(1)(a) or (b) of this      2,098        

section has engaged in an unfair and deceptive act or practice in  2,099        

the business of insurance under sections 3901.19 to 3901.26 of     2,100        

the Revised Code.                                                  2,102        

      (D)  This section does not do any of the following:          2,105        

      (1)  Require a policy to cover inpatient or follow-up care   2,108        

that is not received in accordance with the policy's terms         2,109        

pertaining to the health care professionals and facilities from    2,110        

which an individual is authorized to receive health care           2,111        

services.;                                                                      

      (2)  Require a mother or newborn to stay in a hospital or    2,114        

other inpatient setting for a fixed period of time following                    

delivery;                                                          2,115        

                                                          47     

                                                                 
      (3)  Require a child to be delivered in a hospital or other  2,118        

inpatient setting;                                                              

      (4)  Authorize a nurse-midwife to practice beyond the        2,120        

authority to practice nurse-midwifery in accordance with Chapter   2,122        

4723. of the Revised Code;                                         2,124        

      (5)  Establish minimum standards of medical diagnosis, care  2,127        

or treatment for inpatient or follow-up care for a mother or       2,128        

newborn.  A deviation from the care required to be covered under   2,129        

this section shall not, solely on the basis of this section, give               

rise to a medical claim or derivative medical claim, as those      2,130        

terms are defined in section 2305.11 of the Revised Code.          2,133        

      Sec. 3923.64.  (A)  Notwithstanding section 3901.71 of the   2,142        

Revised Code, each public employee benefit plan established or     2,144        

modified in this state that provides maternity benefits shall      2,145        

provide coverage of inpatient care and follow-up care for a        2,146        

mother and her newborn as follows:                                 2,147        

      (1)  The plan shall cover a minimum of forty-eight hours of  2,149        

inpatient care following a normal vaginal delivery and a minimum   2,151        

of ninety-six hours of inpatient care following a cesarean         2,152        

delivery.  Services covered as inpatient care shall include        2,153        

medical, educational, and any other services that are consistent   2,154        

with the inpatient care recommended in the protocols and           2,155        

guidelines developed by national organizations that represent      2,156        

pediatric, obstetric, and nursing professionals.                                

      (2)  The plan shall cover a physician-directed source of     2,158        

follow-up care. Services covered as follow-up care shall include   2,159        

physical assessment of the mother and newborn, parent education,   2,160        

assistance and training in breast or bottle feeding, assessment    2,161        

of the home support system, performance of any medically           2,162        

necessary and appropriate clinical tests, and any other services   2,163        

that are consistent with the follow-up care recommended in the     2,164        

protocols and guidelines developed by national organizations that  2,166        

represent pediatric, obstetric, and nursing professionals.  The    2,167        

coverage shall apply to services provided in a medical setting or  2,168        

                                                          48     

                                                                 
through home health care visits.  The coverage shall apply to a                 

home health care visit only if the health care professional who    2,169        

conducts the visit is knowledgeable and experienced in maternity   2,170        

and newborn care.                                                               

      When a decision is made in accordance with division (B) of   2,172        

this section to discharge a mother or newborn prior to the         2,173        

expiration of the applicable number of hours of inpatient care     2,174        

required to be covered, the coverage of follow-up care shall       2,175        

apply to all follow-up care that is provided within forty-eight    2,176        

SEVENTY-TWO hours after discharge.  When a mother or newborn       2,177        

receives at least the number of hours of inpatient care required   2,178        

to be covered, the coverage of follow-up care shall apply to       2,179        

follow-up care that is determined to be medically necessary by     2,180        

the health care professionals responsible for discharging the      2,181        

mother or newborn.                                                              

      (B)  Any decision to shorten the length of inpatient stay    2,184        

to less than that specified under division (A)(1) of this section  2,186        

shall be made by the physician attending the mother or newborn,    2,187        

except that if a nurse-midwife is attending the mother in          2,188        

collaboration with a physician, the decision may be made by the    2,189        

nurse-midwife.  Decisions regarding early discharge shall be made  2,190        

only after conferring with the mother or a person responsible for  2,191        

the mother or newborn.  For purposes of this division, a person    2,192        

responsible for the mother or newborn may include a parent,        2,193        

guardian, or any other person with authority to make medical       2,194        

decisions for the mother or newborn.                                            

      (C)(1)  No public employer who offers an employee benefit    2,197        

plan may do either of the following:                               2,198        

      (a)  Terminate the participation of a health care            2,201        

professional or health care facility as a provider under the plan  2,202        

solely for making recommendations for inpatient or follow-up care  2,203        

for a particular mother or newborn that are consistent with the    2,204        

care required to be covered by this section;                       2,205        

      (b)  Establish or offer monetary or other financial          2,208        

                                                          49     

                                                                 
incentives for the purpose of encouraging a person to decline the  2,209        

inpatient or follow-up care required to be covered by this         2,210        

section.                                                                        

      (2)  Whoever violates division (C)(1)(a) or (b) of this      2,214        

section has engaged in an unfair and deceptive act or practice in  2,215        

the business of insurance under sections 3901.19 to 3901.26 of     2,216        

the Revised Code.                                                  2,218        

      (D)  This section does not do any of the following:          2,221        

      (1)  Require a plan to cover inpatient or follow-up care     2,224        

that is not received in accordance with the plan's terms           2,225        

pertaining to the health care professionals and facilities from    2,226        

which an individual is authorized to receive health care           2,227        

services.;                                                                      

      (2)  Require a mother or newborn to stay in a hospital or    2,230        

other inpatient setting for a fixed period of time following                    

delivery;                                                          2,231        

      (3)  Require a child to be delivered in a hospital or other  2,234        

inpatient setting;                                                              

      (4)  Authorize a nurse-midwife to practice beyond the        2,236        

authority to practice nurse-midwifery in accordance with Chapter   2,238        

4723. of the Revised Code;                                         2,240        

      (5)  Establish minimum standards of medical diagnosis,       2,242        

care, or treatment for inpatient or follow-up care for a mother    2,243        

or newborn.  A deviation from the care required to be covered      2,244        

under this section shall not, solely on the basis of this          2,245        

section, give rise to a medical claim or derivative medical        2,246        

claim, as those terms are defined in section 2305.11 of the        2,247        

Revised Code.                                                      2,249        

      Sec. 3924.01.  As used in sections 3924.01 to 3924.14 of     2,258        

the Revised Code:                                                  2,259        

      (A)  "Actuarial certification" means a written statement     2,261        

prepared by a member of the American academy of actuaries, or by   2,262        

any other person acceptable to the superintendent of insurance,    2,263        

that states that, based upon the person's examination, a carrier   2,264        

                                                          50     

                                                                 
offering health benefit plans to small employers is in compliance  2,265        

with sections 3924.01 to 3924.14 of the Revised Code.  "Actuarial  2,266        

certification" shall include a review of the appropriate records   2,267        

of, and the actuarial assumptions and methods used by, the         2,268        

carrier relative to establishing premium rates for the health      2,269        

benefit plans.                                                     2,270        

      (B)  "Adjusted average market premium price" means the       2,272        

average market premium price as determined by the board of         2,274        

directors of the Ohio small employer health reinsurance program    2,275        

either on the basis of the arithmetic mean of all carriers'        2,276        

premium rates for an SEHC plan sold to groups with similar case    2,277        

characteristics by all carriers selling SEHC plans in the state,   2,279        

or on any other equitable basis determined by the board.                        

      (C)  "Base premium rate" means, as to any health benefit     2,281        

plan that is issued by a carrier and that covers at least two but  2,282        

no more than fifty employees of a small employer, the lowest       2,284        

premium rate for a new or existing business prescribed by the      2,285        

carrier for the same or similar coverage under a plan or           2,286        

arrangement covering any small employer with similar case          2,287        

characteristics.                                                                

      (D)  "Carrier" means any sickness and accident insurance     2,289        

company or health maintenance organization authorized to issue     2,290        

health benefit plans in this state or a MEWA.  A sickness and      2,292        

accident insurance company that owns or operates a health          2,293        

maintenance organization, either as a separate corporation or as   2,294        

a line of business, shall be considered as a separate carrier      2,295        

from that health maintenance organization for purposes of          2,296        

sections 3924.01 to 3924.14 of the Revised Code.                   2,297        

      (E)  "Case characteristics" means, with respect to a small   2,299        

employer, the geographic area in which the employees work; the     2,300        

age and sex of the individual employees and their dependents; the  2,301        

appropriate industry classification as determined by the carrier;  2,302        

the number of employees and dependents; and such other objective   2,303        

criteria as may be established by the carrier.  "Case              2,304        

                                                          51     

                                                                 
characteristics" does not include claims experience, health        2,305        

status, or duration of coverage from the date of issue.            2,306        

      (F)  "Dependent" means the spouse or child of an eligible    2,308        

employee, subject to applicable terms of the health benefits plan  2,309        

covering the employee.                                             2,310        

      (G)  "Eligible employee" means an employee who works a       2,312        

normal work week of twenty-five or more hours.  "Eligible          2,313        

employee" does not include a temporary or substitute employee, or  2,315        

a seasonal employee who works only part of the calendar year on    2,316        

the basis of natural or suitable times or circumstances.           2,317        

      (H)  "Financially impaired" means a program member that,     2,319        

after April 14, 1993, is not insolvent but is determined by the    2,322        

superintendent to be potentially unable to fulfill its             2,323        

contractual obligations, or is placed under an order of            2,324        

rehabilitation or conservation by a court of competent             2,325        

jurisdiction or under an order of supervision by the               2,326        

superintendent.                                                                 

      (I)  "Health benefit plan" means any hospital or medical     2,328        

expense policy or certificate or any health plan provided by a     2,330        

carrier, that is delivered, issued for delivery, renewed, or used  2,332        

in this state on or after the date occurring six months after the  2,333        

effective date of this amendment NOVEMBER 24, 1995.  "Health       2,334        

benefit plan" does not include policies covering only accident,    2,335        

credit, dental, disability income, long-term care, hospital        2,336        

indemnity, medicare supplement, specified disease, or vision       2,337        

care; coverage under a one-time-limited-duration policy of no      2,338        

longer than six months; coverage issued by a health care           2,339        

corporation; coverage issued by a prepaid dental plan              2,341        

organization solely or in conjunction with a carrier; coverage     2,342        

issued as a supplement to liability insurance; insurance arising   2,343        

out of a workers' compensation or similar law; automobile          2,344        

medical-payment insurance; or insurance under which benefits are   2,345        

payable with or without regard to fault and which is statutorily   2,346        

required to be contained in any liability insurance policy or      2,347        

                                                          52     

                                                                 
equivalent self-insurance.                                                      

      (J)  "Initial enrollment period" means the thirty-day        2,349        

period immediately following any service waiting period            2,350        

established by an employer.                                        2,351        

      (K)(I)  "Late enrollee" means an eligible employee or        2,353        

dependent who requests enrollment ENROLLS in a small employer's    2,354        

health benefit plan following OTHER THAN DURING the initial        2,355        

enrollment FIRST period provided under the terms of the first      2,357        

plan for IN which the employee or dependent was IS eligible        2,358        

through the small employer, unless any of the following apply:     2,359        

      (1)  The individual:                                         2,361        

      (a)  Was covered under another health benefit plan at the    2,364        

time the individual was eligible to enroll;                                     

      (b)  States, at the time of the initial eligibility, that    2,366        

coverage under another health benefit plan was the reason for      2,369        

declining enrollment;                                                           

      (c)  Has lost coverage under another health benefit plan as  2,372        

a result of the termination of employment, a reduction of hours    2,373        

worked per week, the termination of the other plan's coverage,     2,374        

death of a spouse, or divorce; and                                 2,375        

      (d)  Requests enrollment within thirty days after the        2,377        

termination of coverage under another health benefit plan.         2,378        

      (2)  The individual is employed by an employer who offers    2,380        

multiple health benefit plans and the individual elects a          2,381        

different health benefit plan during an open enrollment period.    2,382        

      (3)  A court has ordered coverage to be provided for a       2,384        

spouse or minor child under a covered employee's plan and a        2,385        

request for enrollment is made within thirty days after issuance   2,386        

of the court order TO ENROLL UNDER THE PLAN OR DURING A SPECIAL    2,387        

ENROLLMENT PERIOD DESCRIBED IN SECTION 2701(f) OF THE "HEALTH      2,391        

INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996," PUB. L.     2,397        

NO. 104-191, 110 STAT. 1955, 42 U.S.C.A. 300gg, AS AMENDED.        2,400        

      (L)(J)  "MEWA" means any "multiple employer welfare          2,403        

arrangement" as defined in section 3 of the "Federal Employee      2,404        

                                                          53     

                                                                 
Retirement Income Security Act of 1974," 88 Stat. 832, 29          2,405        

U.S.C.A. 1001, as amended, except for any arrangement which is     2,406        

fully insured as defined in division (b)(6)(D) of section 514 of   2,407        

that act.                                                          2,408        

      (M)(K)  "Midpoint rate" means, for small employers with      2,410        

similar case characteristics and plan designs and as determined    2,411        

by the applicable carrier for a rating period, the arithmetic      2,412        

average of the applicable base premium rate and the corresponding  2,413        

highest premium rate.                                              2,414        

      (N)(L)  "Pre-existing conditions provision" means a policy   2,417        

provision that excludes or limits coverage for charges or          2,418        

expenses incurred during a specified period following the          2,419        

insured's effective ENROLLMENT date of coverage as to a condition  2,421        

which, during a specified period immediately preceding the         2,422        

effective date of coverage, had manifested itself in such a        2,423        

manner as would cause an ordinarily prudent person to seek         2,424        

medical advice, diagnosis, care, or treatment or for which         2,425        

medical advice, diagnosis, care, or treatment was recommended or   2,426        

received, or DURING a pregnancy existing on SPECIFIED PERIOD       2,428        

IMMEDIATELY PRECEDING the effective ENROLLMENT date of coverage.   2,429        

GENETIC INFORMATION SHALL NOT BE TREATED AS SUCH A CONDITION IN    2,430        

THE ABSENCE OF A DIAGNOSIS OF THE CONDITION RELATED TO SUCH        2,431        

INFORMATION.                                                                    

      FOR PURPOSES OF THIS DIVISION, "ENROLLMENT DATE" MEANS,      2,433        

WITH RESPECT TO AN INDIVIDUAL COVERED UNDER A GROUP HEALTH         2,435        

BENEFIT PLAN, THE DATE OF ENROLLMENT OF THE INDIVIDUAL IN THE      2,436        

PLAN OR, IF EARLIER, THE FIRST DAY OF THE WAITING PERIOD FOR SUCH  2,437        

ENROLLMENT.                                                                     

      (O)(M)  "Service waiting period" means the period of time    2,440        

after employment begins before an eligible employee may enroll in  2,441        

IS ELIGIBLE TO BE COVERED FOR BENEFITS UNDER THE TERMS OF any                   

applicable health benefit plan offered by the small employer.      2,442        

      (P)(N)(1)  "Small employer" means any person, firm,          2,445        

corporation, partnership, or association actively engaged in       2,446        

                                                          54     

                                                                 
business whose total, IN CONNECTION WITH A GROUP HEALTH BENEFIT    2,448        

PLAN AND WITH RESPECT TO A CALENDAR YEAR AND A PLAN YEAR, AN       2,449        

EMPLOYER WHO employed work force consisted of, on at least fifty   2,450        

per cent of its working days during the preceding year, AN         2,451        

AVERAGE OF at least two but no more than fifty eligible            2,452        

employees, the majority of whom were employed within the state ON  2,454        

BUSINESS DAYS DURING THE PRECEDING CALENDAR YEAR AND WHO EMPLOYS   2,455        

AT LEAST TWO EMPLOYEES ON THE FIRST DAY OF THE PLAN YEAR.          2,456        

      (2)  In determining the number of eligible employees for     2,458        

FOR purposes of division (P)(N)(1) of this section, companies      2,460        

which are affiliated companies or which are eligible to file a                  

combined tax return for purposes of state taxation ALL PERSONS     2,462        

TREATED AS A SINGLE EMPLOYER UNDER SUBSECTION (b), (c), (m), OR    2,465        

(o) OF SECTION 414 OF THE "INTERNAL REVENUE CODE OF 1986," 100     2,469        

STAT. 2085, 26 U.S.C. 1, AS AMENDED, shall be considered one       2,471        

employer.  IN THE CASE OF AN EMPLOYER THAT WAS NOT IN EXISTENCE    2,472        

THROUGHOUT THE PRECEDING CALENDAR YEAR, THE DETERMINATION OF       2,473        

WHETHER THE EMPLOYER IS A SMALL OR LARGE EMPLOYER SHALL BE BASED   2,474        

ON THE AVERAGE NUMBER OF ELIGIBLE EMPLOYEES THAT IT IS REASONABLY  2,476        

EXPECTED THE EMPLOYER WILL EMPLOY ON BUSINESS DAYS IN THE CURRENT  2,477        

CALENDAR YEAR.  ANY REFERENCE IN DIVISION (N) OF THIS SECTION TO   2,478        

AN "EMPLOYER" INCLUDES ANY PREDECESSOR OF THE EMPLOYER.  Except    2,480        

as otherwise specifically provided, provisions of sections         2,481        

3924.01 to 3924.14 of the Revised Code that apply to a small       2,482        

employer that has a health benefit plan shall continue to apply    2,483        

until the plan anniversary following the date the employer no      2,484        

longer meets the requirements of this division.                                 

      (Q)(O)  "SEHC plan" means an Ohio small employer health      2,487        

care plan, which is a health benefit plan for INDIVIDUALS AND      2,488        

small employers established by the board in accordance with        2,489        

section 3924.10 of the Revised Code.                               2,490        

      Sec. 3924.03.  Health benefit plans covering small           2,499        

employers are subject to the following conditions, as applicable:  2,500        

      (A)(1)  Pre-existing conditions provisions shall not         2,502        

                                                          55     

                                                                 
exclude or limit coverage for a period beyond twelve months, OR    2,503        

EIGHTEEN MONTHS IN THE CASE OF A LATE ENROLLEE, following the      2,504        

individual's effective ENROLLMENT date of coverage and may only    2,505        

relate to conditions during A PHYSICAL OR MENTAL CONDITION,        2,506        

REGARDLESS OF THE CAUSE OF THE CONDITION, FOR WHICH MEDICAL        2,508        

ADVICE, DIAGNOSIS, CARE, OR TREATMENT WAS RECOMMENDED OR RECEIVED  2,509        

WITHIN the six months immediately preceding the effective          2,511        

ENROLLMENT date of coverage.                                                    

      DIVISION (A)(1) OF THIS SECTION IS SUBJECT TO THE            2,514        

EXCEPTIONS SET FORTH IN SECTION 2701(d) AND SECTION 2721 OF THE    2,516        

"HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996,"     2,521        

PUB. L. NO. 104-191, 110 STAT. 1955, 42 U.S.C.A. 300gg AND         2,526        

300gg-21, AS AMENDED.                                                           

      (2)  THE PERIOD OF ANY SUCH PRE-EXISTING CONDITION           2,528        

EXCLUSION SHALL BE REDUCED BY THE AGGREGATE OF THE PERIODS OF      2,529        

CREDITABLE COVERAGE, IF ANY, APPLICABLE TO THE EMPLOYEE OR         2,530        

DEPENDENT AS OF THE ENROLLMENT DATE.                               2,531        

      (3)  A PERIOD OF CREDITABLE COVERAGE SHALL NOT BE COUNTED,   2,534        

WITH RESPECT TO ENROLLMENT OF AN INDIVIDUAL UNDER A GROUP HEALTH   2,535        

BENEFIT PLAN, IF, AFTER THAT PERIOD AND BEFORE THE ENROLLMENT      2,536        

DATE, THERE WAS A SIXTY-THREE-DAY PERIOD DURING ALL OF WHICH THE   2,537        

INDIVIDUAL WAS NOT COVERED UNDER ANY CREDITABLE COVERAGE.          2,538        

SUBSECTIONS (c)(2) TO (4) AND (e) OF SECTION 2701 OF THE "HEALTH   2,540        

INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996" APPLY WITH   2,544        

RESPECT TO CREDITING PREVIOUS COVERAGE.                            2,545        

      (4)  AS USED IN DIVISION (A) OF THIS SECTION:                2,548        

      (a)  "CREDITABLE COVERAGE" HAS THE SAME MEANING AS IN        2,551        

SECTION 2701(c)(1) OF THE "HEALTH INSURANCE PORTABILITY AND        2,555        

ACCOUNTABILITY ACT OF 1996."                                       2,556        

      (b)  "ENROLLMENT DATE" MEANS, WITH RESPECT TO AN INDIVIDUAL  2,559        

COVERED UNDER A GROUP HEALTH BENEFIT PLAN, THE DATE OF ENROLLMENT  2,560        

OF THE INDIVIDUAL IN THE PLAN OR, IF EARLIER, THE FIRST DAY OF     2,561        

THE WAITING PERIOD FOR SUCH ENROLLMENT.                                         

      (B)  In determining whether a pre-existing conditions        2,563        

                                                          56     

                                                                 
provision applies to an eligible employee or dependent, all        2,564        

health benefit plans shall credit the time the person was covered  2,565        

under a previous employer-based health benefit plan provided by a  2,566        

carrier if the previous coverage was continuous to a date not      2,568        

more than thirty days prior to the effective date of the new       2,570        

coverage, exclusive of any applicable service waiting period       2,571        

under the plan.                                                    2,572        

      (C)  Any such health benefit plan shall be renewable with    2,574        

respect to all eligible employees or dependents at the option of   2,575        

the policyholder, contract holder, or small employer, except for   2,576        

any of the following reasons:                                      2,577        

      (1)  Nonpayment of the required premiums by the              2,579        

policyholder, contract holder, or employer;                        2,580        

      (2)  Fraud or misrepresentation of the policyholder,         2,582        

contract holder, or employer or, with respect to coverage of       2,583        

individual insureds, the insureds or their representatives ;       2,585        

      (3)  When the total number of insured individuals covered    2,587        

under all of the health benefit plans of any one employer is less  2,588        

than the total number of individuals or percentage of individuals  2,589        

required by participation requirements under any specific health   2,590        

benefit plan of that employer;                                     2,591        

      (4)  Noncompliance with any plan provision that has been     2,593        

approved by the superintendent of insurance;                       2,594        

      (5)  When the carrier ceases doing business in the small     2,596        

employer market, provided that all of the following conditions     2,597        

are met:                                                           2,598        

      (a)  Notice of the decision to cease to do business in the   2,600        

small employer market is provided to the department of insurance,  2,601        

the board of directors of the Ohio small employer health           2,602        

reinsurance program, the policyholder or contract holder, and the  2,603        

employer.                                                          2,604        

      (b)  Health benefit plans subject to sections 3924.01 to     2,606        

3924.14 of the Revised Code shall not be canceled by the carrier   2,607        

for ninety days after the date of the notice required under        2,609        

                                                          57     

                                                                 
division (C)(5)(a) of this section unless the business has been    2,610        

sold to another carrier or the cancellations are approved by the   2,611        

superintendent.                                                    2,612        

      (c)  A carrier that ceases to do business in the small       2,614        

employer marketplace is prohibited from re-entering the small      2,615        

employer marketplace for a period of five years from the date of   2,616        

the notice required under division (C)(5)(a) of this section.      2,617        

      (D)  Notwithstanding division (C) of this section, any such  2,619        

health benefit plan or any coverage provided to an individual      2,620        

under such a plan may be rescinded for fraud, material             2,621        

misrepresentation, or concealment by an applicant, employee,       2,622        

dependent, or small employer.                                      2,623        

      (E)  Every carrier doing business in the small employer      2,625        

market may underwrite and rate small employer groups, as           2,626        

permitted by sections 3924.01 to 3924.14 of the Revised Code,      2,627        

using accepted underwriting and actuarial practices.               2,628        

      (F)  A carrier shall not exclude any eligible employee or    2,630        

dependent, who would otherwise be covered under a health benefit   2,631        

plan, on the basis of any actual or expected health condition of   2,633        

the employee or dependent.  However, a carrier may exclude a late  2,634        

enrollee for a period of up to twenty-four months or may, in the   2,635        

discretion of the carrier, extend coverage to the late enrollee                 

at any time during that period.  A carrier also may medically      2,637        

underwrite a late enrollee EXCEPT AS PROVIDED IN SECTION 2712(b)   2,638        

TO (e) OF THE "HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY     2,644        

ACT OF 1996," IF A CARRIER OFFERS COVERAGE IN THE SMALL EMPLOYER   2,645        

MARKET IN CONNECTION WITH A GROUP HEALTH BENEFIT PLAN, THE         2,646        

CARRIER SHALL RENEW OR CONTINUE IN FORCE SUCH COVERAGE AT THE      2,647        

OPTION OF THE PLAN SPONSOR OF THE PLAN.                            2,648        

      (C)  If, prior to the effective date of this amendment       2,651        

NOVEMBER 24, 1995, a carrier excluded an eligible employee or      2,652        

dependent, other than a late enrollee, on the basis of an actual   2,653        

or expected health condition, the carrier shall, upon the initial  2,654        

renewal of the coverage on or after that date, extend coverage to  2,655        

                                                          58     

                                                                 
the employee or dependent if all other eligibility requirements    2,656        

are met.                                                                        

      (G)(D)  No health benefit plan issued by a carrier shall     2,659        

limit or exclude, by use of a rider or amendment applicable to a                

specific individual, coverage by type of illness, treatment,       2,661        

medical condition, or accident, except for pre-existing            2,662        

conditions as permitted under division (A) of this section.  If a  2,663        

health benefit plan that is delivered or issued for delivery       2,665        

prior to April 14, 1993, contains such limitations or exclusions,  2,667        

by use of a rider or amendment applicable to a specific            2,668        

individual, the plan shall eliminate the use of such riders or     2,669        

amendments within eighteen months after April 14, 1993.            2,670        

      (H)(E)(1)  EXCEPT AS PROVIDED IN SECTIONS 3924.031 AND       2,673        

3924.032 OF THE REVISED CODE, AND SUBJECT TO SUCH RULES AS MAY BE  2,676        

ADOPTED BY THE SUPERINTENDENT IN ACCORDANCE WITH CHAPTER 119. OF   2,677        

THE REVISED CODE, A CARRIER SHALL ISSUE A HEALTH BENEFIT PLAN TO   2,680        

EVERY SMALL EMPLOYER THAT APPLIES TO THE CARRIER FOR SUCH          2,681        

COVERAGE.                                                                       

      DIVISION (E)(1) OF THIS SECTION DOES NOT APPLY TO A HEALTH   2,684        

BENEFIT PLAN THAT A CARRIER MAKES AVAILABLE IN THE SMALL EMPLOYER  2,685        

MARKET ONLY THROUGH ONE OR MORE BONA FIDE ASSOCIATIONS.            2,686        

      DIVISION (E)(1) OF THIS SECTION SHALL NOT BE CONSTRUED TO    2,689        

PRECLUDE A CARRIER FROM ESTABLISHING EMPLOYER CONTRIBUTION RULES   2,690        

OR GROUP PARTICIPATION RULES FOR THE OFFERING OF COVERAGE IN       2,691        

CONNECTION WITH A GROUP HEALTH BENEFIT PLAN IN THE SMALL EMPLOYER  2,692        

MARKET, AS ALLOWED UNDER THE LAW OF THIS STATE.  AS USED IN        2,693        

DIVISION (E)(1) OF THIS SECTION, "EMPLOYER CONTRIBUTION RULE"      2,695        

MEANS A REQUIREMENT RELATING TO THE MINIMUM LEVEL OR AMOUNT OF     2,696        

EMPLOYER CONTRIBUTION TOWARD THE PREMIUM FOR ENROLLMENT OF         2,697        

EMPLOYEES AND DEPENDENTS AND "GROUP PARTICIPATION RULE" MEANS A    2,698        

REQUIREMENT RELATING TO THE MINIMUM NUMBER OF EMPLOYEES OR         2,699        

DEPENDENTS THAT MUST BE ENROLLED IN RELATION TO A SPECIFIED        2,700        

PERCENTAGE OR NUMBER OF ELIGIBLE INDIVIDUALS OR EMPLOYEES OF AN    2,701        

EMPLOYER.                                                                       

                                                          59     

                                                                 
      (2)  Each health benefit plan, at the time of initial group  2,703        

enrollment, shall make coverage available to all the eligible      2,704        

employees of a small employer without a service waiting period.    2,705        

The decision of whether to impose a service waiting period shall   2,707        

be made by the small employer.  Such waiting periods shall not be  2,708        

greater than ninety days.                                          2,709        

      (I)(F)  The benefit structure of any health benefit plan     2,712        

may, AT THE TIME OF COVERAGE RENEWAL, be changed by the carrier    2,714        

to make it consistent with the benefit structure contained in      2,715        

health benefit plans being marketed to new small employer groups.  2,716        

IF THE HEALTH BENEFIT PLAN IS AVAILABLE IN THE SMALL EMPLOYER      2,718        

MARKET OTHER THAN ONLY THROUGH ONE OR MORE BONA FIDE                            

ASSOCIATIONS, THE MODIFICATION MUST BE CONSISTENT WITH THE LAW OF  2,720        

THIS STATE AND EFFECTIVE ON A UNIFORM BASIS AMONG SMALL EMPLOYER   2,721        

GROUP PLANS.                                                                    

      (J)(G)  A carrier may obtain any facts and information       2,723        

necessary to apply this section, or supply those facts and         2,724        

information to any other third-party payer, without the consent    2,725        

of the beneficiary.  Each person claiming benefits under a health  2,726        

benefit plan shall provide any facts and information necessary to  2,727        

apply this section.                                                2,728        

      FOR PURPOSES OF THIS SECTION, "BONA FIDE ASSOCIATION" MEANS  2,731        

AN ASSOCIATION THAT HAS BEEN ACTIVELY IN EXISTENCE FOR AT LEAST    2,732        

FIVE YEARS; HAS BEEN FORMED AND MAINTAINED IN GOOD FAITH FOR       2,733        

PURPOSES OTHER THAN OBTAINING INSURANCE; DOES NOT CONDITION        2,734        

MEMBERSHIP IN THE ASSOCIATION ON ANY HEALTH STATUS-RELATED         2,735        

FACTOR, AS DEFINED IN SECTION 3924.031 OF THE REVISED CODE,        2,737        

RELATING TO AN INDIVIDUAL, INCLUDING AN EMPLOYEE OR DEPENDENT;     2,738        

MAKES HEALTH INSURANCE COVERAGE OFFERED THROUGH THE ASSOCIATION    2,739        

AVAILABLE TO ALL MEMBERS REGARDLESS OF ANY HEALTH STATUS-RELATED   2,740        

FACTOR, AS DEFINED IN SECTION 3924.031 OF THE REVISED CODE,        2,743        

RELATING TO SUCH MEMBERS OR TO INDIVIDUALS ELIGIBLE FOR COVERAGE   2,744        

THROUGH A MEMBER; DOES NOT MAKE HEALTH INSURANCE COVERAGE OFFERED  2,745        

THROUGH THE ASSOCIATION AVAILABLE OTHER THAN IN CONNECTION WITH A  2,746        

                                                          60     

                                                                 
MEMBER OF THE ASSOCIATION; AND MEETS ANY OTHER REQUIREMENT         2,747        

IMPOSED BY THE SUPERINTENDENT.                                     2,748        

      Sec. 3924.031.  (A)  AS USED IN THIS SECTION AND SECTION     2,751        

3924.032 OF THE REVISED CODE:                                      2,753        

      (1)  "HEALTH STATUS-RELATED FACTOR" MEANS ANY OF THE         2,755        

FOLLOWING:                                                         2,756        

      (a)  HEALTH STATUS;                                          2,758        

      (b)  MEDICAL CONDITION, INCLUDING BOTH PHYSICAL AND MENTAL   2,761        

ILLNESSES;                                                                      

      (c)  CLAIMS EXPERIENCE;                                      2,763        

      (d)  RECEIPT OF HEALTH CARE;                                 2,765        

      (e)  MEDICAL HISTORY;                                        2,767        

      (f)  GENETIC INFORMATION;                                    2,769        

      (g)  EVIDENCE OF INSURABILITY, INCLUDING CONDITIONS ARISING  2,772        

OUT OF ACTS OF DOMESTIC VIOLENCE;                                               

      (h)  DISABILITY.                                             2,774        

      (2)  "NETWORK PLAN" MEANS A HEALTH BENEFIT PLAN OF A         2,776        

CARRIER UNDER WHICH THE FINANCING AND DELIVERY OF MEDICAL CARE,    2,777        

INCLUDING ITEMS AND SERVICES PAID FOR AS MEDICAL CARE, ARE         2,778        

PROVIDED, IN WHOLE OR IN PART, THROUGH A DEFINED SET OF PROVIDERS  2,780        

UNDER CONTRACT WITH THE CARRIER.                                                

      (B)  IF A CARRIER OFFERS A HEALTH BENEFIT PLAN IN THE SMALL  2,783        

EMPLOYER MARKET THROUGH A NETWORK PLAN, THE CARRIER MAY DO BOTH    2,784        

OF THE FOLLOWING:                                                               

      (1)  LIMIT THE SMALL EMPLOYERS THAT MAY APPLY FOR SUCH       2,786        

COVERAGE TO THOSE WITH ELIGIBLE EMPLOYEES WHO LIVE, WORK, OR       2,787        

RESIDE IN THE SERVICE AREA OF THE NETWORK PLAN;                    2,788        

      (2)  WITHIN THE SERVICE AREA OF THE NETWORK PLAN, DENY THE   2,790        

COVERAGE TO SMALL EMPLOYERS IF THE CARRIER HAS DEMONSTRATED BOTH   2,791        

OF THE FOLLOWING TO THE SUPERINTENDENT OF INSURANCE:               2,792        

      (a)  THE CARRIER WILL NOT HAVE THE CAPACITY TO DELIVER       2,795        

SERVICES ADEQUATELY TO THE MEMBERS OF ANY ADDITIONAL GROUPS        2,796        

BECAUSE OF THE CARRIER'S OBLIGATIONS TO EXISTING GROUP CONTRACT    2,797        

HOLDERS AND MEMBERS.                                                            

                                                          61     

                                                                 
      (b)  THE CARRIER IS APPLYING DIVISION (B)(2) OF THIS         2,800        

SECTION UNIFORMLY TO ALL SMALL EMPLOYERS WITHOUT REGARD TO THE     2,801        

CLAIMS EXPERIENCE OF THOSE EMPLOYERS AND THEIR ELIGIBLE EMPLOYEES  2,802        

AND DEPENDENTS OR TO ANY HEALTH STATUS-RELATED FACTOR RELATING TO  2,803        

SUCH EMPLOYEES AND DEPENDENTS.                                     2,804        

      (C)  A CARRIER THAT, PURSUANT TO DIVISION (B)(2) OF THIS     2,808        

SECTION, DENIES COVERAGE TO A SMALL EMPLOYER IN THE SERVICE AREA   2,809        

OF A NETWORK PLAN, SHALL NOT OFFER COVERAGE IN THE SMALL EMPLOYER  2,810        

MARKET WITHIN THAT SERVICE AREA FOR AT LEAST ONE HUNDRED EIGHTY    2,811        

DAYS AFTER THE DATE THE COVERAGE IS DENIED.                        2,812        

      Sec. 3924.032.  (A)  A CARRIER MAY REFUSE TO ISSUE HEALTH    2,815        

BENEFIT PLANS IN THE SMALL EMPLOYER MARKET IF THE CARRIER HAS      2,816        

DEMONSTRATED BOTH OF THE FOLLOWING TO THE SUPERINTENDENT OF        2,817        

INSURANCE:                                                                      

      (1)  THE CARRIER DOES NOT HAVE THE FINANCIAL RESERVES        2,819        

NECESSARY TO UNDERWRITE ADDITIONAL COVERAGE.                       2,820        

      (2) THE CARRIER IS APPLYING DIVISION (A) OF THIS SECTION     2,823        

UNIFORMLY TO ALL EMPLOYERS IN THE SMALL EMPLOYER MARKET IN THIS    2,824        

STATE CONSISTENT WITH THE APPLICABLE LAWS AND RULES OF THIS STATE  2,825        

AND WITHOUT REGARD TO THE CLAIMS EXPERIENCE OF THOSE EMPLOYERS     2,826        

AND THEIR EMPLOYEES AND DEPENDENTS OR TO ANY HEALTH                2,827        

STATUS-RELATED FACTOR RELATING TO SUCH EMPLOYEES AND DEPENDENTS.   2,828        

      (B)  A CARRIER THAT, PURSUANT TO DIVISION (A) OF THIS        2,832        

SECTION, REFUSES TO ISSUE HEALTH BENEFIT PLANS IN THE SMALL                     

EMPLOYER MARKET, SHALL NOT OFFER HEALTH BENEFIT PLANS IN THE       2,833        

SMALL EMPLOYER MARKET IN THIS STATE FOR AT LEAST ONE HUNDRED       2,834        

EIGHTY DAYS AFTER THE DATE THE COVERAGE IS DENIED OR UNTIL THE     2,835        

CARRIER HAS DEMONSTRATED TO THE SUPERINTENDENT THAT THE CARRIER    2,836        

HAS SUFFICIENT FINANCIAL RESERVES TO UNDERWRITE ADDITIONAL         2,837        

COVERAGE, WHICHEVER IS LATER.                                      2,838        

      (C)  THE SUPERINTENDENT MAY PROVIDE FOR THE APPLICATION OF   2,841        

THIS SECTION ON A SERVICE-AREA-SPECIFIC BASIS.                     2,842        

      Sec. 3924.033.  (A)  EACH CARRIER, IN CONNECTION WITH THE    2,845        

OFFERING OF A HEALTH BENEFIT PLAN TO A SMALL EMPLOYER, SHALL       2,846        

                                                          62     

                                                                 
DISCLOSE TO THE EMPLOYER, AS PART OF ITS SOLICITATION AND SALES    2,847        

MATERIALS, THAT THE INFORMATION DESCRIBED IN DIVISION (B) OF THIS  2,848        

SECTION IS AVAILABLE UPON REQUEST.                                 2,849        

      (B)  A CARRIER SHALL PROVIDE THE FOLLOWING INFORMATION TO A  2,852        

SMALL EMPLOYER UPON REQUEST:                                       2,853        

      (1)  THE PROVISIONS OF THE PLAN CONCERNING THE CARRIER'S     2,856        

RIGHT TO CHANGE PREMIUM RATES AND THE FACTORS THAT MAY AFFECT      2,857        

CHANGES IN PREMIUM RATES;                                                       

      (2)  THE PROVISIONS OF THE PLAN RELATING TO RENEWABILITY OF  2,860        

COVERAGE;                                                                       

      (3)  THE PROVISIONS OF THE PLAN RELATING TO ANY              2,862        

PRE-EXISTING CONDITION EXCLUSION;                                  2,863        

      (4)  THE BENEFITS AND PREMIUMS AVAILABLE UNDER ALL HEALTH    2,866        

BENEFIT PLANS FOR WHICH THE EMPLOYER IS QUALIFIED.                              

      (C)  THE INFORMATION DESCRIBED IN DIVISION (B) OF THIS       2,870        

SECTION SHALL BE PROVIDED IN A MANNER DETERMINED TO BE                          

UNDERSTANDABLE BY THE AVERAGE SMALL EMPLOYER, AND IN A MANNER      2,871        

SUFFICIENT TO REASONABLY INFORM A SMALL EMPLOYER REGARDING THE     2,872        

EMPLOYER'S RIGHTS AND OBLIGATIONS UNDER THE HEALTH BENEFIT PLAN.   2,874        

      (D)  NOTHING IN THIS SECTION REQUIRES A CARRIER TO DISCLOSE  2,877        

ANY INFORMATION THAT IS BY LAW PROPRIETARY AND TRADE SECRET        2,878        

INFORMATION.                                                                    

      Sec. 3924.07.  (A)  There is hereby established a nonprofit  2,887        

entity to be known as the "Ohio small employer health reinsurance  2,889        

program."  Any carrier issuing health benefit plans in this state  2,890        

on or after April 14, 1993, may be a member of the program.        2,891        

      (B)  A carrier may elect to be a member of the program by    2,893        

filing a written intention to participate with the superintendent  2,895        

of insurance at least thirty days prior to the implementation of   2,896        

the program.  Any carrier that does not file a written intention   2,897        

to participate within that time period may not participate for     2,898        

three years after April 14, 1993, and may file an intention to     2,900        

participate only at that time or on any subsequent three-year      2,901        

anniversary date.  However, the superintendent may permit a        2,902        

                                                          63     

                                                                 
carrier to participate in the program at other intervals for       2,903        

reasons based on financial solvency.                                            

      (C)  THE BOARD OF DIRECTORS OF THE PROGRAM MAY PERMIT A      2,905        

CARRIER TO PARTICIPATE IN THE PROGRAM AT ANY TIME FOR GOOD CAUSE   2,906        

SHOWN.  THE BOARD SHALL ESTABLISH AN APPLICATION PROCESS FOR       2,907        

CARRIERS SEEKING TO CHANGE THEIR STATUS UNDER THIS DIVISION.       2,908        

      Sec. 3924.08.  (A)  The board of directors of the Ohio       2,917        

small employer health reinsurance program shall consist of nine    2,918        

appointed members who shall serve staggered terms as determined    2,919        

by the initial board for its members and by the plan of operation  2,920        

of the program for members of subsequent boards.  Within thirty    2,921        

days after April 14, 1993, the members of the board shall be       2,922        

appointed, as follows:                                             2,923        

      (1)  The chairperson of the senate committee having          2,925        

jurisdiction over insurance shall appoint the following members:   2,926        

      (a)  Two member carriers that are small employer carriers;   2,928        

      (b)  One member carrier that is a health maintenance         2,930        

organization predominantly in the small employer market;           2,931        

      (c)  One representative of providers of health care.         2,933        

      (2)  The chairperson of the committee in the house of        2,935        

representatives having jurisdiction over insurance shall appoint   2,936        

the following members:                                             2,937        

      (a)  One member carrier that is a small employer carrier;    2,939        

      (b)  One member carrier whose principal health insurance     2,941        

business is in the large employer market;                          2,942        

      (c)  One representative of an employer with fifty or fewer   2,944        

employees;                                                         2,945        

      (d)  One representative of consumers in this state.          2,947        

      (3)  The superintendent OF INSURANCE shall appoint a         2,949        

representative of a member carrier operating in the small          2,951        

employer market who is a fellow of the society of actuaries.       2,952        

      The superintendent, a member of the house of                 2,954        

representatives appointed by the speaker of the house of           2,955        

representatives, and a member of the senate appointed by the       2,956        

                                                          64     

                                                                 
president of the senate, shall be ex-officio members of the        2,957        

board.  The membership of all boards subsequent to the initial     2,958        

board shall reflect the distribution described in division (A) of  2,960        

this section.                                                                   

      The chairperson of the initial board and each subsequent     2,962        

board shall represent a small employer member carrier and shall    2,963        

be elected by a majority of the voting members of the board.       2,964        

Each chairperson shall serve for the maximum duration established  2,965        

in the plan of operation.                                          2,966        

      (B)  Within one hundred eighty days after the appointment    2,968        

of the initial board, the board shall establish a plan of          2,969        

operation and, thereafter, any amendments to the plan that are     2,970        

necessary or suitable, to assure the fair, reasonable, and         2,971        

equitable administration of the program.  The board shall,         2,972        

immediately upon adoption, provide to the superintendent copies    2,973        

of the plan of operation and all subsequent amendments to it.      2,974        

      (C)  The plan of operation shall establish rules,            2,976        

conditions, and procedures for all of the following:               2,977        

      (1)  The handling and accounting of assets and moneys of     2,979        

the program and for an annual fiscal reporting to the              2,980        

superintendent;                                                    2,981        

      (2)  Filling vacancies on the board;                         2,983        

      (3)  Selecting an administering insurer, which shall be a    2,985        

carrier as defined in section 3924.01 of the Revised Code, and     2,986        

setting forth the powers and duties of the administering insurer;  2,987        

      (4)  Reinsuring risks in accordance with sections 3924.07    2,989        

to 3924.14 of the Revised Code;                                    2,990        

      (5)  Collecting assessments subject to section 3924.13 of    2,992        

the Revised Code from all members to provide for claims reinsured  2,993        

by the program and for administrative expenses incurred or         2,994        

estimated to be incurred during the period for which the           2,995        

assessment is made;                                                2,996        

      (6)  Providing protection for carriers from the financial    2,998        

risk associated with small employers that present poor credit      2,999        

                                                          65     

                                                                 
risks;                                                             3,000        

      (7)  Establishing standards for the coverage of small        3,002        

employers that have a high turnover of employees;                  3,003        

      (8)  Establishing an appeals process for carriers to seek    3,005        

relief when a carrier has experienced an unfair share of           3,006        

administrative and credit risks;                                   3,007        

      (9)  Establishing the adjusted average market premium        3,009        

prices for use by the SEHC plan for groups of two to twenty-five   3,010        

employees and for groups of twenty-six to fifty employees that     3,011        

are offered in the state;                                          3,012        

      (10)  Establishing participation standards at issue and      3,014        

renewal for reinsured cases;                                       3,015        

      (11)  Reinsuring risks and collecting assessments in         3,017        

accordance with division (G) of section 3924.11 of the Revised     3,018        

Code;                                                              3,019        

      (12)  Any additional matters as determined by the board.     3,021        

      Sec. 3924.09.  The Ohio small employer health reinsurance    3,031        

program shall have the general powers and authority granted under  3,032        

the laws of the state to insurance companies licensed to transact  3,033        

sickness and accident insurance, except the power to issue         3,034        

insurance.  The board of directors of the program also shall have  3,035        

the specific authority to do all of the following:                 3,036        

      (A)  Enter into contracts as are necessary or proper to      3,038        

carry out the provisions and purposes of sections 3924.07 to       3,039        

3924.14 of the Revised Code, including the authority to enter      3,040        

into contracts with similar programs of other states for the       3,041        

joint performance of common functions, or with persons or other    3,042        

organizations for the performance of administrative functions;     3,043        

      (B)  Sue or be sued, including taking any legal actions      3,045        

necessary or proper for recovery of any assessments for, on        3,046        

behalf of, or against any program or board member;                 3,047        

      (C)  Take such legal action as is necessary to avoid the     3,049        

payment of improper claims against the program;                    3,050        

      (D)  Design the SEHC plan which, when offered by a carrier,  3,052        

                                                          66     

                                                                 
is eligible for reinsurance and issue reinsurance policies in      3,053        

accordance with the requirements of sections 3924.07 to 3924.14    3,054        

of the Revised Code;                                               3,055        

      (E)  Establish rules, conditions, and procedures pertaining  3,057        

to the reinsurance of members' risks by the program;               3,058        

      (F)  Establish appropriate rates, rate schedules, rate       3,060        

adjustments, rate classifications, and any other actuarial         3,061        

functions appropriate to the operation of the program;             3,062        

      (G)  Assess members in accordance with division (G) of       3,065        

section 3924.11 and the provisions of section 3924.13 of the       3,066        

Revised Code, and make such advance interim assessments as may be  3,067        

reasonable and necessary for organizational and interim operating  3,068        

expenses.  Any interim assessments shall be credited as offsets    3,069        

against any regular assessments due following the close of the     3,070        

calendar year.                                                                  

      (H)  Appoint members to appropriate legal, actuarial, and    3,072        

other committees if necessary to provide technical assistance      3,073        

with respect to the operation of the program, policy and other     3,074        

contract design, and any other function within the authority of    3,075        

the program;                                                       3,076        

      (I)  Borrow money to effect the purposes of the program.     3,078        

Any notes or other evidence of indebtedness of the program not in  3,079        

default shall be legal investments for carriers and may be         3,080        

carried as admitted assets.                                        3,081        

      (J)  Reinsure risks, collect assessments, and otherwise      3,083        

carry out its duties under division (G) of section 3924.11 of the  3,084        

Revised Code.;                                                     3,085        

      (K)  Study the operation of the Ohio small employer health   3,088        

reinsurance program and the open enrollment reinsurance program    3,089        

and, based on its findings, make legislative recommendations to    3,090        

the general assembly for improvements in the effectiveness,        3,091        

operation, and integrity of the programs;                                       

      (L)  DESIGN A BASIC AND STANDARD PLAN FOR PURPOSES OF        3,093        

SECTIONS 1742.13, 3923.122, AND 3923.581 OF THE REVISED CODE.      3,094        

                                                          67     

                                                                 
      Sec. 3924.10.  (A)  The board of directors of the Ohio       3,103        

small employer health reinsurance program shall design the SEHC    3,104        

plan which, when offered by a carrier, is  eligible for            3,105        

reinsurance under the program.  The board shall establish the      3,106        

form and level of coverage to be made available by carriers in     3,107        

their SEHC plan.  In designing the plan the board shall also       3,109        

establish benefit levels, deductibles, coinsurance factors,                     

exclusions, and limitations for the plan.  The forms and levels    3,110        

of coverage established by the board shall specify which           3,111        

components of a health benefit plan offered by a small employer    3,112        

carrier may be reinsured.  The SEHC plan is subject to division    3,114        

(C) of section 3924.02 of the Revised Code and to the provisions   3,115        

in Chapters 1742., 3923., and any other chapter of the Revised     3,116        

Code that require coverage or the offer of coverage of a health    3,117        

care service or benefit.                                                        

      (B)  The board shall adopt the SEHC plan within one hundred  3,120        

eighty days after its appointment.  The plan may include cost      3,121        

containment features including any of the following:                            

      (1)  Utilization review of health care services, including   3,123        

review of the medical necessity of hospital and physician          3,124        

services;                                                          3,125        

      (2)  Case management benefit alternatives;                   3,127        

      (3)  Selective contracting with hospitals, physicians, and   3,129        

other health care providers;                                       3,130        

      (4)  Reasonable benefit differentials applicable to          3,132        

participating and nonparticipating providers;                      3,133        

      (5)  Employee assistance program options that provide        3,135        

preventive and early intervention mental health and substance      3,136        

abuse services;                                                    3,137        

      (6)  Other provisions for the cost-effective management of   3,139        

the plan.                                                          3,140        

      (C)  An SEHC plan established for use by health maintenance  3,143        

organizations shall be consistent with the basic method of         3,144        

operation of such organizations.                                                

                                                          68     

                                                                 
      (D)  Each carrier shall certify to the superintendent of     3,146        

insurance, in the form and manner prescribed by the                3,147        

superintendent, that the SEHC plan filed by the carrier is in      3,149        

substantial compliance with the provisions of the board SEHC       3,150        

plan.  Upon receipt by the superintendent of the certification,    3,151        

the carrier may use the certified plan.                                         

      (E)  Each carrier shall, on and after sixty days after the   3,153        

date that the program becomes operational and as a condition of    3,154        

transacting business in this state, renew coverage provided to     3,155        

any individual or group under its SEHC plan.                       3,156        

      (F)  A carrier shall not be required to renew coverage       3,158        

where the superintendent finds that renewal of coverage would      3,159        

place the carrier in a financially impaired condition.  The        3,160        

superintendent shall determine when the carrier is no longer       3,161        

financially impaired and is, therefore, subject to the guaranteed  3,162        

renewability requirements.                                         3,163        

      Sec. 3924.11.  Any member of the Ohio small employer health  3,173        

reinsurance program may reinsure small employer groups or          3,174        

individuals in accordance with the following conditions and        3,175        

limitations:                                                       3,176        

      (A)  With respect to eligible employees and their            3,178        

dependents who are hired subsequent to the commencement of the     3,179        

employer's coverage by a carrier and who are not late enrollees,   3,180        

and with respect to employees of an employer who are otherwise     3,181        

eligible for insurance but were excluded by the carrier's          3,182        

underwriting and who are not late enrollees, coverage may be       3,183        

reinsured in either of the following ways:                         3,184        

      (1)  Except in the case of late enrollees, within sixty      3,186        

days after the commencement of their coverage under the plan;      3,187        

      (2)  In the case of late enrollees, eighteen months after    3,189        

the date the late enrollee becomes a member of the small           3,190        

employer's plan.                                                   3,191        

      (B)(1)  The carrier may reinsure either the entire eligible  3,194        

group or any eligible individual, in accordance with the premium   3,196        

                                                          69     

                                                                 
rates established in section 3924.12 of the Revised Code, upon     3,198        

commencement of the coverage.                                                   

      (2)  The carrier may reinsure an eligible employee, or the   3,201        

dependents of an eligible employee, who were previously excluded   3,202        

from group coverage for medical reasons, and shall reinsure such   3,203        

employees or dependents within sixty days after the carrier is     3,204        

required to include them in the group coverage.                                 

      (C)  With respect to an SEHC plan, the program shall         3,207        

reinsure the level of coverage provided.                                        

      (D)  With respect to other plans issued to small employers,  3,209        

the program shall reinsure the level of coverage provided up to,   3,210        

but not exceeding, the level of coverage provided in an SEHC       3,211        

plan.  In the coverage provided to small employers, carriers       3,212        

shall be required to use high-cost care management, hospital       3,213        

precertification techniques, and other cost containment            3,214        

mechanisms established by the program.                             3,215        

      (E)  A carrier may not reinsure existing business, except    3,217        

pursuant to division (A) of this section.                          3,218        

      (F)  If an employer group is covered under a plan other      3,220        

than an SEHC plan and the carrier chooses to reinsure the group    3,221        

subsequent to the initial coverage period, or if a new individual  3,222        

joins the group and the carrier wants to reinsure that             3,223        

individual, the carrier shall not force the employer to change to  3,225        

an SEHC plan.  The carrier shall allow the employer to maintain    3,226        

the same benefit plan and reinsure only that portion of the plan   3,227        

that is consistent with an SEHC plan.                                           

      (G)  With respect to coverage provided to a small employer   3,229        

group or AN individual acquired under section 3923.58 OR A         3,230        

FEDERALLY ELIGIBLE INDIVIDUAL ACQUIRED UNDER SECTION 1742.12 OR    3,231        

3923.581 of the Revised Code, the following conditions and         3,232        

limitations apply:                                                 3,233        

      (1)  Within sixty days after the commencement of the         3,236        

initial coverage, any carrier may reinsure coverage of an entire   3,237        

small employer group, or of eligible employees or dependents of    3,238        

                                                          70     

                                                                 
such group, or any SUCH AN individual acquired under section       3,239        

3923.58 of the Revised Code with the OPEN ENROLLMENT REINSURANCE   3,241        

program IN ACCORDANCE WITH DIVISION (G) OF THIS SECTION.  A        3,242        

carrier may reinsure, within sixty days after the effective date   3,244        

of coverage, an employee eligible for coverage under section       3,246        

3923.58 of the Revised Code.  Premium rates charged for coverage   3,247        

reinsured by the program shall be established in accordance with   3,248        

section 3924.12 of the Revised Code.                               3,249        

      (2)  The board of directors of the OHIO HEALTH REINSURANCE   3,252        

program shall establish the open enrollment reinsurance fund for   3,253        

coverage provided under section 3923.58 of the Revised Code AND,   3,254        

WITH RESPECT TO FEDERALLY ELIGIBLE INDIVIDUALS, COVERAGE PROVIDED  3,255        

UNDER SECTIONS 1742.12 AND 3923.581 OF THE REVISED CODE.  The      3,256        

fund shall be maintained separately from any reinsurance fund      3,258        

established for small employer health care plans issued pursuant   3,259        

to sections 3924.07 to 3924.14 of the Revised Code.  The board     3,260        

shall calculate, on a retrospective basis, the amount needed for   3,261        

maintenance of the open enrollment reinsurance fund and, on the    3,262        

basis of that calculation, shall determine the amount to be        3,263        

assessed each carrier that is required to provide open enrollment  3,264        

coverage.                                                          3,265        

      Assessments shall be apportioned by the board among all      3,267        

carriers participating in the open enrollment reinsurance program  3,268        

in proportion to their respective shares of the total premiums,    3,269        

net of reinsurance premiums paid by a carrier for open enrollment  3,270        

coverage and net of reinsurance premiums paid by the carrier for   3,271        

all other small group and individual health benefit plans, earned  3,272        

in this state from all health benefit plans covering small         3,273        

employers and individuals that are issued by all such carriers     3,274        

during the calendar year coinciding with or ending during the      3,275        

fiscal year of the open enrollment program, or on any other        3,276        

equitable basis reflecting coverage of small employers and         3,277        

individuals in this state as may be provided in the plan of        3,278        

operation adopted by the board.  In no event shall the assessment  3,279        

                                                          71     

                                                                 
of any carrier under this section exceed, on an annual basis,      3,281        

three per cent of its Ohio premiums for health benefit plans       3,282        

covering small employers and individuals as reported on its most   3,283        

recent annual statement filed with the superintendent of           3,284        

insurance.                                                                      

      The board shall submit its determination of the amount of    3,286        

the assessment to the superintendent for review of the accuracy    3,288        

of the calculation of the assessment.  Upon approval by the        3,289        

superintendent, each carrier shall, within thirty days after       3,290        

receipt of the notice of assessment, submit the assessment to the  3,291        

board for purposes of the open enrollment reinsurance fund.        3,292        

      (3)  If the assessments made and collected pursuant to       3,294        

division (G)(2) of this section are not sufficient to pay the      3,295        

claims reinsured under division (G) of this section and the        3,296        

allocated administrative expenses, incurred or estimated to be     3,297        

incurred during the period for which the assessment was made, the  3,298        

secretary of the board shall immediately notify the                3,299        

superintendent, and the superintendent shall suspend the           3,300        

operation of open enrollment under section 3923.58 of the Revised  3,301        

Code AND, WITH RESPECT TO FEDERALLY ELIGIBLE INDIVIDUALS, UNDER    3,302        

SECTIONS 1742.12 AND 3923.581 OF THE REVISED CODE until the board  3,303        

has collected in subsequent years through assessments made         3,304        

pursuant to division (G)(2) of this section an amount sufficient   3,305        

to pay such claims and administrative expenses.                                 

      (4)(a)  Any carrier that is subject to open enrollment       3,307        

under section 3923.58 of the Revised Code may elect not to         3,309        

participate in the open enrollment reinsurance program under       3,310        

division (G) of this section by filing an application with the     3,311        

superintendent and obtaining the superintendent's approval.  In    3,312        

determining whether to approve an application, the superintendent  3,313        

shall consider whether the carrier meets all of the following      3,314        

standards:                                                         3,315        

      (i)  Demonstration by the carrier of a substantial and       3,317        

established market presence;                                       3,318        

                                                          72     

                                                                 
      (ii)  Demonstrated experience in the small employer group    3,320        

INDIVIDUAL market and history of rating and underwriting small     3,321        

employer groups INDIVIDUAL PLANS;                                  3,323        

      (iii)  Commitment to comply with the requirements of         3,325        

section 3923.58 of the Revised Code;                               3,326        

      (iv)  Financial ability to assume and manage the risk of     3,328        

enrolling open enrollment groups and individuals without the need  3,329        

for, or protection of, reinsurance.                                3,330        

      (b)  A carrier whose application for nonparticipation has    3,332        

been rejected by the superintendent may appeal the decision in     3,333        

accordance with Chapter 119. of the Revised Code.  A carrier that  3,334        

has received approval of the superintendent not to participate in  3,335        

the open enrollment reinsurance program shall, on or before the    3,336        

first day of December, annually certify to the superintendent      3,337        

that it continues to meet the standards described in division      3,338        

(G)(4)(a) of this section.                                         3,339        

      (c)  In any year subsequent to the year in which its         3,341        

application not to participate has been approved, a carrier may    3,342        

elect to participate in the open enrollment reinsurance program    3,343        

by giving notice to the superintendent and board on or before the  3,344        

thirty-first day of December.  If, after a period of               3,345        

nonparticipation, a carrier elects to participate in the open      3,346        

enrollment reinsurance program, the carrier retains the risks it   3,347        

assumed during the period when it was not participating.           3,348        

      (d)  The superintendent may, at any time, authorize a        3,350        

carrier to modify an election not to participate if the risk from  3,351        

the carrier's open enrollment business jeopardizes the financial   3,352        

condition of the carrier.  If the superintendent authorizes the    3,353        

carrier to again participate in the open enrollment reinsurance    3,354        

program, the carrier shall retain the risks it assumed during the  3,355        

period of nonparticipation.                                        3,356        

      (5)  At the time of acquiring a small employer group, a      3,358        

carrier shall determine whether to reinsure the entire group or    3,359        

any individual pursuant to section 3924.12 of the Revised Code.    3,360        

                                                          73     

                                                                 
      (6)(a)  The open enrollment reinsurance program shall be     3,363        

operated separately from the Ohio small employer health            3,364        

reinsurance program.                                                            

      (b)  A carrier's election to participate in the open         3,366        

enrollment reinsurance program under division (G) of this section  3,368        

shall not be construed as an election to participate in the Ohio   3,369        

small employer health reinsurance program under section 3924.07    3,370        

of the Revised Code.                                                            

      Sec. 3924.111.  (A)  The Ohio small employer health          3,381        

reinsurance program shall not provide reinsurance for any          3,382        

individual reinsured under the program until five thousand         3,383        

dollars in benefit payments have been made by a member of the      3,384        

program for services provided to that individual during a                       

calendar year, which payments would have been reimbursed through   3,385        

the program but for the five-thousand-dollar deductible.  The      3,386        

member shall retain ten per cent of the next fifty thousand        3,387        

dollars of benefit payments made during that calendar year, and    3,388        

the program shall reinsure the remainder.  However, a member's     3,389        

maximum liability under this section with respect to any one       3,390        

individual reinsured under the program shall not exceed ten        3,391        

thousand dollars in any one calendar year.                         3,392        

      (B)  The board of directors of the Ohio small employer       3,395        

health reinsurance program shall periodically review the           3,396        

deductible amount and the maximum liability amount set forth in    3,397        

division (A) of this section and, considering the rate of          3,398        

inflation, adjust each amount as the board considers necessary.    3,399        

      Sec. 3924.12.  (A)  Except as provided in division (B) of    3,409        

this section, premium rates charged for coverage reinsured by the  3,410        

Ohio small employer health reinsurance program shall be            3,411        

established as follows:                                            3,412        

      (1)  For whole group reinsurance coverage, one and one-half  3,414        

times the adjusted average market premium price established by     3,415        

the program for that classification or group with similar          3,416        

characteristics and coverage, with respect to the eligible         3,417        

                                                          74     

                                                                 
employees of a small employer and their dependents, all of whose   3,418        

coverage is reinsured with the program, minus a ceding expense     3,419        

factor determined by the board of directors of the program;        3,420        

      (2)  For individual reinsurance coverage, five times the     3,422        

adjusted average market premium price established by the program   3,423        

for an individual in that classification or group with similar     3,424        

characteristics and coverage, with respect to an eligible          3,425        

employee or his dependents, minus a ceding expense factor          3,426        

determined by the board.                                           3,427        

      (B)  Premium rates charged for reinsurance by the program    3,429        

to a health maintenance organization that is approved by the       3,430        

secretary of health and human services as a federally qualified    3,431        

health maintenance organization pursuant to the "Social Security   3,432        

Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and as     3,433        

such is subject to requirements that limit the amount of risk      3,434        

that may be ceded to the program, may be modified to reflect the   3,435        

portion of risk that may be ceded to the program.                  3,436        

      Sec. 3924.13.  (A)  Following the close of each calendar     3,445        

year, the administering insurer of the Ohio small employer health  3,446        

reinsurance program shall determine the net premiums, the program  3,447        

expenses for administration, and the incurred losses, if any, for  3,448        

the year, taking into account investment income and other          3,449        

appropriate gains and losses.  For purposes of this section,       3,450        

health benefit plan premiums earned by MEWAs shall be established  3,451        

by adding paid claim losses and administrative expenses of the     3,452        

MEWA.  Health benefit plan premiums and benefits paid by a         3,454        

carrier that are less than an amount determined by the board of    3,455        

directors of the program to justify the cost of collection shall   3,456        

not be considered for purposes of determining assessments.  For    3,457        

purposes of this division, "net premiums" means health benefit     3,458        

plan premiums, less administrative expense allowances.                          

      (B)  Any net loss for the year shall be recouped first by    3,460        

assessments of carriers in accordance with this division.          3,461        

Assessments shall be apportioned by the board among all carriers   3,462        

                                                          75     

                                                                 
participating in the program in proportion to their respective     3,463        

shares of the total premiums, net of reinsurance premiums paid     3,464        

for coverage under this program earned in the state from health    3,465        

benefit plans covering small employers that are issued by          3,466        

participating members during the calendar year coinciding with or  3,467        

ending during the fiscal year of the program, or on any other      3,468        

equitable basis reflecting coverage of small employers as may be   3,469        

provided in the plan of operation.  An assessment shall be made    3,470        

pursuant to this division against a health maintenance             3,471        

organization that is approved by the secretary of health and       3,472        

human services as a federally qualified health maintenance         3,473        

organization pursuant to the "Social Security Act," 49 Stat. 620   3,474        

(1935), 42 U.S.C.A. 301, as amended, subject to an assessment      3,475        

adjustment formula adopted by the board for such health            3,476        

maintenance organizations that recognizes the restrictions         3,477        

imposed on the organizations by federal law.  The adjustment       3,478        

formula shall be adopted by the board prior to the first           3,479        

anniversary of the program's operation.  In no event shall the     3,480        

assessment made pursuant to this division exceed, on an annual     3,482        

basis, one per cent of the carrier's Ohio small employer group     3,484        

premium as reported on its most recent annual statement filed      3,485        

with the superintendent of insurance.  If an excess is                          

actuarially projected, the superintendent may take any action      3,486        

necessary to lower the assessment to the maximum level of one per  3,487        

cent.                                                                           

      (C)  If assessments exceed actual losses and administrative  3,489        

expenses of the program, the excess shall be held at interest and  3,490        

used by the board to offset future losses or to reduce program     3,491        

premiums.  As used in this division, "future losses" includes      3,492        

reserves for incurred but not reported claims.                     3,493        

      (D)  Each carrier's proportion of participation in the       3,495        

program shall be determined annually by the board based on annual  3,497        

statements and other reports deemed necessary by the board and     3,498        

filed by the carrier with the board.  MEWAs shall report to the    3,499        

                                                          76     

                                                                 
board claims payments made and administrative expenses incurred    3,500        

in this state on an annual basis on a form prescribed by the       3,501        

superintendent.                                                                 

      (E)  Provision shall be made in the plan of operation for    3,503        

the imposition of an interest penalty for late payment of          3,504        

assessments.                                                       3,505        

      (F)  A carrier may seek from the superintendent a            3,507        

deferment, in whole or in part, from any assessment issued by the  3,508        

board.  The superintendent may defer, in whole or in part, the     3,509        

assessment of a carrier if, in the opinion of the superintendent,  3,510        

payment of the assessment would endanger the carrier's ability to  3,511        

fulfill its contractual obligations.                               3,512        

      (G)  In the event an assessment against a carrier is         3,514        

deferred in whole or in part, the amount by which the assessment   3,515        

is deferred may be assessed against the other carriers in a        3,516        

manner consistent with the basis for assessments set forth in      3,517        

this section.  In such event, the other carriers assessed shall    3,518        

have a claim in the amount of the assessment against the carrier   3,519        

receiving the deferment.  The carrier receiving the deferment      3,520        

shall remain liable to the program for the amount deferred.  The   3,521        

superintendent may attach appropriate conditions to any            3,522        

deferment.                                                         3,523        

      Sec. 3924.14.  Neither the participation as members of the   3,533        

Ohio small employer health reinsurance program or as members of    3,534        

the board of directors of the program, the establishment of        3,536        

rates, forms, or procedures for coverage issued by the program,    3,537        

nor any other joint or collective action required by sections                   

3924.01 to 3924.14 of the Revised Code, shall be the basis of any  3,538        

legal action or any criminal or civil liability or penalty         3,539        

against the program, the board, or any of its members either       3,540        

jointly or separately.                                                          

      Sec. 3924.27.  (A)  AS USED IN THIS SECTION:                 3,543        

      (1)  "CARRIER," "DEPENDENT," AND "HEALTH BENEFIT PLAN" HAVE  3,545        

THE SAME MEANINGS AS IN SECTION 3924.01 OF THE REVISED CODE.       3,546        

                                                          77     

                                                                 
      (2)  "HEALTH STATUS-RELATED FACTOR" MEANS ANY OF THE         3,548        

FOLLOWING:                                                         3,549        

      (a)  HEALTH STATUS;                                          3,551        

      (b)  MEDICAL CONDITION, INCLUDING BOTH PHYSICAL AND MENTAL   3,554        

ILLNESSES;                                                                      

      (c)  CLAIMS EXPERIENCE;                                      3,556        

      (d)  RECEIPT OF HEALTH CARE;                                 3,558        

      (e)  MEDICAL HISTORY;                                        3,560        

      (f)  GENETIC INFORMATION;                                    3,562        

      (g)  EVIDENCE OF INSURABILITY, INCLUDING CONDITIONS ARISING  3,565        

OUT OF ACTS OF DOMESTIC VIOLENCE;                                               

      (h)  DISABILITY.                                             3,567        

      (B)  NO GROUP HEALTH BENEFIT PLAN, OR CARRIER OFFERING       3,569        

HEALTH INSURANCE COVERAGE IN CONNECTION WITH A GROUP HEALTH        3,570        

BENEFIT PLAN, SHALL REQUIRE ANY INDIVIDUAL, AS A CONDITION OF      3,571        

ENROLLMENT OR CONTINUED ENROLLMENT UNDER THE PLAN, TO PAY A        3,572        

PREMIUM OR CONTRIBUTION THAT IS GREATER THAN THE PREMIUM OR        3,573        

CONTRIBUTION FOR A SIMILARLY SITUATED INDIVIDUAL ENROLLED IN THE   3,574        

PLAN ON THE BASIS OF ANY HEALTH STATUS-RELATED FACTOR IN RELATION  3,575        

TO THE INDIVIDUAL OR TO AN INDIVIDUAL ENROLLED UNDER THE PLAN AS   3,576        

A DEPENDENT OF THE INDIVIDUAL.                                     3,577        

      (C)  NOTHING IN DIVISION (B) OF THIS SECTION SHALL BE        3,581        

CONSTRUED TO RESTRICT THE AMOUNT THAT AN EMPLOYER MAY BE CHARGED   3,582        

FOR COVERAGE UNDER A GROUP HEALTH BENEFIT PLAN, OR TO PREVENT A    3,583        

GROUP HEALTH BENEFIT PLAN, AND A CARRIER OFFERING GROUP HEALTH     3,584        

INSURANCE COVERAGE, FROM ESTABLISHING PREMIUM DISCOUNTS OR         3,585        

REBATES OR MODIFYING OTHERWISE APPLICABLE COPAYMENTS OR            3,586        

DEDUCTIBLES IN RETURN FOR ADHERENCE TO PROGRAMS OF HEALTH          3,587        

PROMOTION AND DISEASE PREVENTION.                                               

      Sec. 3924.51.  (A)  As used in this section:                 3,596        

      (1)  "Child" means, in connection with any adoption or       3,598        

placement for adoption of the child, an individual who has not     3,599        

attained age eighteen as of the date of the adoption or placement  3,600        

for adoption.                                                      3,601        

                                                          78     

                                                                 
      (2)  "Health insurer" has the same meaning as in section     3,603        

3924.41 of the Revised Code.                                       3,604        

      (3)  "Placement for adoption" means the assumption and       3,606        

retention by a person of a legal obligation for total or partial   3,607        

support of a child in anticipation of the adoption of the child.   3,608        

The child's placement with a person terminates upon the            3,609        

termination of that legal obligation.                              3,610        

      (B)  If an individual or group health plan of a health       3,612        

insurer provides MAKES coverage AVAILABLE for dependent children   3,614        

of participants or beneficiaries, the plan shall provide benefits  3,615        

to dependent children placed with participants or beneficiaries    3,616        

for adoption under the same terms and conditions as apply to the   3,617        

natural, dependent children of the participants and                             

beneficiaries, irrespective of whether the adoption has become     3,618        

final.                                                             3,619        

      (C)  A health plan described in division (B) of this         3,621        

section shall not restrict coverage under the plan of any          3,623        

dependent child adopted by a participant or beneficiary, or        3,624        

placed with a participant or beneficiary for adoption, solely on   3,625        

the basis of a pre-existing condition of the child at the time     3,626        

that the child would otherwise become eligible for coverage under  3,627        

the plan, if the adoption or placement for adoption occurs while   3,628        

the participant or beneficiary is eligible for coverage under the  3,629        

plan.                                                                           

      Sec. 3924.61.  As used in sections 3924.61 to 3924.74 of     3,638        

the Revised Code:                                                  3,639        

      (A)  "Account holder" means the natural person who opens a   3,642        

medical savings account or on whose behalf a medical savings       3,643        

account is opened.                                                              

      (B)  "Eligible medical expense" means any expense for a      3,646        

service rendered by a licensed health care provider or a           3,647        

christian science CHRISTIAN SCIENCE practitioner, or for an        3,648        

article, device, or drug prescribed by a licensed health care      3,649        

provider or provided by a christian science CHRISTIAN SCIENCE      3,650        

                                                          79     

                                                                 
practitioner, when intended for use in the mitigation, treatment,  3,652        

or prevention of disease; ANY AMOUNT PAID FOR TRANSPORTATION TO    3,653        

THE LOCATION AT WHICH SUCH A SERVICE IS RENDERED; ANY AMOUNT PAID  3,654        

FOR LODGING NECESSITATED BY THE RECEIPT OF CARE AT A NONLOCAL                   

HOSPITAL; or premiums paid for comprehensive sickness and          3,656        

accident insurance, coverage under a health care plan of a health  3,657        

maintenance organization organized under Chapter 1742. of the      3,658        

Revised Code, long-term care insurance as defined in section       3,659        

3923.41 of the Revised Code, Medicare supplemental coverage as     3,660        

defined in section 3923.33 of the Revised Code, or payments made   3,661        

pursuant to cost sharing agreements under comprehensive sickness   3,662        

and accident plans.  An "eligible medical expense" does not        3,664        

include expenses otherwise paid or reimbursed, including medical   3,665        

expenses paid or reimbursed under an automobile or motor vehicle                

insurance policy, a workers' compensation insurance policy or      3,666        

plan, or an employer-sponsored health coverage policy, plan, or    3,667        

contract.                                                                       

      (C)  "Qualified dependent" means a child of an account       3,670        

holder when any of the following applies:                                       

      (1)  The child is under nineteen years of age, or is under   3,673        

twenty-three years of age and a full-time student at an                         

accredited college or university;                                  3,674        

      (2)  The child is not self-sufficient due to physical or     3,676        

mental disorders or impairments;                                   3,677        

      (3)  The child is legally entitled to the provision of       3,679        

proper or necessary subsistence, education, medical care, or       3,680        

other care necessary for the child's health, guidance, or          3,681        

well-being and is not otherwise emancipated, self-supporting,      3,682        

married, or a member of the armed forces of the United States      3,684        

DEPENDENT" HAS THE SAME MEANING AS IN SECTION 152 OF THE           3,685        

"INTERNAL REVENUE CODE OF 1986," 100 STAT. 2085, 26 U.S.C.A. 1,    3,686        

AS AMENDED.                                                                     

      Sec. 3924.62.  (A)  A medical savings account may be opened  3,695        

by or on behalf of any natural person, to pay the person's         3,696        

                                                          80     

                                                                 
eligible medical expenses and the eligible medical expenses of     3,697        

that person's spouse or qualified dependent.  A medical savings    3,698        

account may be opened by or on behalf of a person only if that     3,701        

person participates in a sickness or accident insurance plan, a    3,702        

plan offered by a health maintenance organization organized under               

Chapter 1742. of the Revised Code, or a self-funded,               3,704        

employer-sponsored health benefit plan established pursuant to     3,705        

the "Employee Retirement Income Security Act of 1974," 88 Stat.    3,706        

832, 29 U.S.C.A. 1001, as amended.  While the medical savings      3,708        

account is open, the account holder shall continue to participate  3,709        

in such a plan.                                                                 

      (B)  A person who refuses to participate in a policy, plan,  3,712        

or contract of health coverage that is funded by the person's      3,713        

employer, and who receives additional monetary compensation by     3,714        

virtue of refusing that coverage, may not open a medical savings   3,715        

account unless the medical savings account also is sponsored by    3,716        

the person's employer.                                             3,717        

      Sec. 3924.63.  The owners of interest in a medical savings   3,727        

account are the account holder, AND the account holder's spouse,   3,728        

and qualified dependents.  No medical savings account shall be     3,729        

subject to garnishment or attachment.                              3,731        

      Sec. 3924.64.  (A)  At the time a medical savings account    3,741        

is opened, an administrator for the account shall be designated.   3,742        

If an employer opens an account for an employee, the employer may  3,743        

designate the administrator.  If an account is opened by any       3,744        

person other than an employer, or if an employer chooses not to    3,745        

designate an administrator for an account opened for an employee,  3,746        

the account holder shall designate the administrator.  The         3,747        

administrator shall manage the account in a fiduciary capacity     3,748        

for the benefit of the account holder.                                          

      (B)  Medical savings accounts shall be administered by one   3,751        

of the following:                                                               

      (1)  A federally or state-chartered bank, savings and loan   3,754        

association, savings bank, or credit union;                                     

                                                          81     

                                                                 
      (2)  A trust company authorized to act as a fiduciary;       3,756        

      (3)  An insurer authorized under Title XXXIX of the Revised  3,759        

Code to engage in the business of sickness and accident            3,760        

insurance;                                                                      

      (4)  A dealer or salesperson licensed under Chapter 1707.    3,763        

of the Revised Code;                                                            

      (5)  An administrator licensed under Chapter 3959. of the    3,766        

Revised Code;                                                                   

      (6)  A certified public accountant;                          3,768        

      (7)  An employer that administers an employee benefit plan   3,771        

subject to regulation under the "Employee Retirement Income        3,772        

Security Act of 1974," 88 Stat. 829, 29 U.S.C.A. 1001, as          3,774        

amended, or that maintains medical savings accounts for its        3,775        

employees;                                                                      

      (8)  Health maintenance organizations organized under        3,777        

Chapter 1742. of the Revised Code.                                 3,778        

      (C)  Each administrator shall send to the account holder,    3,781        

at least annually, a statement setting forth the balance           3,782        

remaining in the account holder's account and detailing the        3,783        

activity in the account since the last statement was issued.       3,784        

Upon an administrator's receipt of a written request from an       3,785        

account holder for a current statement, the administrator shall    3,786        

promptly send the statement to the account holder.                              

      (D)  When an account holder documents to the administrator   3,789        

of the account the account holder's payment of, or the account                  

holder's obligation for, an eligible medical expense for the       3,790        

account holder, OR the account holder's spouse, or qualified       3,792        

dependents, the administrator shall reimburse the account holder   3,793        

for, or shall pay for, the eligible medical expense with funds     3,794        

from the account holder's account, if sufficient funds are         3,795        

available in the account holder's account.  If there are not       3,796        

sufficient funds in the account to fully reimburse the account     3,797        

holder or pay the expenses, the administrator shall reimburse the  3,799        

account holder or pay the expenses using whatever funds are in     3,800        

                                                          82     

                                                                 
the account.  The reimbursement or payment shall be made within    3,801        

thirty days of the administrator's receipt of the documentation.   3,802        

At the time of making the reimbursement or payment, the                         

administrator shall notify the account holder if the medical       3,803        

expense does not count toward meeting the deductible or other      3,804        

obligation for the receipt of benefits that is required by the     3,805        

insurer or other third-party payer providing health coverage to    3,806        

the account holder.  The administrator shall keep a record of the  3,807        

amounts disbursed from the account for documented eligible         3,808        

medical expenses and of the dates on which the expenses were       3,809        

incurred.  This record shall be made available to any sickness     3,810        

and accident insurer or other third-party payer providing health   3,811        

coverage to the account holder, for use by the insurer or          3,812        

third-party payer in determining whether the account holder has    3,813        

met the deductible or other obligation required for the receipt    3,814        

of benefits from the insurer or third-party payer.                 3,815        

      (E)  When an account is opened, the administrator shall      3,818        

give written notice to the account holder of the date of the last  3,819        

business day of the administrator's business year.                 3,820        

      Sec. 3924.66.  (A)  In determining Ohio adjusted gross       3,829        

income under Chapter 5747. of the Revised Code, an account holder  3,830        

may deduct an amount equaling the total of the deposits that the   3,832        

account holder, the account holder's spouse, or the account        3,833        

holder's employer made to the account during the taxable year, to  3,834        

the extent that the funds for the deposits have not otherwise      3,835        

been deducted or excluded in determining the account holder's                   

federal adjusted gross income.  The amount deducted by an account  3,837        

holder for a taxable year shall not exceed three thousand          3,838        

dollars.  If two married persons each have an account, each        3,839        

spouse may claim the deduction described in this section, and the  3,841        

amount deducted by each spouse shall not exceed three thousand     3,842        

dollars, whether the spouses file returns jointly or separately.   3,843        

      (B)  The maximum deduction allowed under division (A) of     3,845        

this section shall be adjusted annually by the department of       3,846        

                                                          83     

                                                                 
taxation to reflect increases in the consumer price index for all  3,847        

items for all urban consumers for the north central region, as     3,848        

published by the United States bureau of labor statistics.         3,849        

      (C)  In determining Ohio adjusted gross income under         3,851        

Chapter 5747. of the Revised Code, an account holder may deduct    3,852        

the investment earnings of a medical savings account from the      3,853        

account holder's federal adjusted gross income, to the extent      3,854        

that these earnings have been included in the account holder's     3,855        

federal adjusted gross income.                                                  

      (D)  In determining Ohio adjusted gross income under         3,857        

Chapter 5747. of the Revised Code, an account holder shall add to  3,858        

the account holder's federal adjusted gross income an amount       3,859        

equal to the sum of the amounts described in divisions (D)(1) and  3,861        

(2) of this section to the extent that those amounts were          3,862        

included in the account holder's federal adjusted gross income     3,863        

and previously deducted in determining the account holder's Ohio   3,865        

adjusted gross income.  In determining the extent to which         3,866        

amounts withdrawn from the account shall be included in the        3,867        

account holder's Ohio adjusted gross income, the tax commissioner  3,869        

shall be guided by the provisions of sections 72 and 408 of the    3,870        

Internal Revenue Code governing the determination of the amount    3,871        

of withdrawals from an individual retirement account to be         3,872        

included in federal gross income.                                               

      (1)  Amounts withdrawn from the account during the taxable   3,875        

year used for any purpose other than to reimburse the account      3,876        

holder for, or to pay, the eligible medical expenses of the        3,877        

account holder, OR the account holder's spouse, or qualified       3,879        

dependents;                                                        3,880        

      (2)  Investment earnings during the taxable year on amounts  3,882        

withdrawn from the account that are described in division (D)(1)   3,883        

of this section.                                                   3,884        

      (E)  Amounts withdrawn from a medical savings account to     3,886        

reimburse the account holder for, or to pay, the account holder's  3,887        

eligible medical expenses, or the eligible medical expenses of     3,888        

                                                          84     

                                                                 
the account holder's spouse or qualified dependents, shall not be  3,890        

included in the account holder's Ohio adjusted gross income in     3,891        

determining taxes due under Chapter 5747. of the Revised Code.     3,892        

      (F)  If a qualified dependent of an account holder becomes   3,895        

ineligible to continue to participate in the account holder's      3,897        

policy, plan, or contract of health coverage, the account holder   3,898        

may withdraw funds from the account holder's account and use                    

those funds to pay the premium for the first year of a policy,     3,899        

plan, or contract of health coverage for the qualified dependent   3,900        

and to pay any deductible for the first year of that policy,       3,902        

plan, or contract.  Funds withdrawn and used for that purpose      3,903        

shall not be included in the account holder's Ohio adjusted gross  3,904        

income in determining taxes due under Chapter 5747. of the         3,905        

Revised Code.                                                      3,906        

      Sec. 3924.67.  An account holder may withdraw funds from     3,916        

the account holder's account at any time, for any purpose.                      

However, the administrator of a medical savings account shall not  3,917        

disburse funds to an account holder during the year in which the   3,919        

funds were deposited, except to reimburse the account holder for,  3,920        

or pay for, a documented eligible medical expense of the account   3,921        

holder, OR the account holder's spouse, or a qualified dependent.  3,922        

      Sec. 3924.68.  (A)  If an account holder, whose medical      3,932        

savings account has been opened by the account holder's employer,  3,933        

later ceases to be employed by that employer, the account holder   3,934        

may, within sixty days of the account holder's final date of       3,935        

employment, request in writing to the administrator of the         3,937        

account that the administrator continue to administer the          3,938        

account.                                                                        

      (1)  If the administrator agrees to continue to administer   3,941        

the account, funds in the account may continue to be used to pay   3,942        

the eligible medical expenses of the account holder, AND the       3,943        

account holder's spouse, and qualified dependents, pursuant to     3,944        

sections 3924.61 to 3924.74 of the Revised Code.                   3,946        

      If the account holder later becomes employed by a new        3,948        

                                                          85     

                                                                 
employer that opens a new medical savings account on the account   3,949        

holder's behalf, the account holder may transfer any funds         3,951        

remaining in the account opened by the account holder's former     3,952        

employer to the account opened by the account holder's new         3,953        

employer.  For purposes of determining taxes due under Chapter     3,955        

5747. of the Revised Code, this transfer of funds shall not be                  

considered a withdrawal of funds from a medical savings account,   3,956        

nor shall it be considered a deposit to a medical savings          3,957        

account.                                                                        

      (2)  If the administrator does not agree to continue to      3,960        

administer the account, or if the account holder requests that     3,961        

the account be closed, the administrator shall close the account   3,962        

and mail a check or other negotiable instrument in the amount of   3,963        

the account balance as of that date to the account holder.  The    3,964        

amount distributed shall be included in the account holder's Ohio  3,965        

adjusted gross income in determining taxes due under Chapter       3,966        

5747. of the Revised Code.                                         3,967        

      (B)  Within sixty days of the account holder's final date    3,969        

of employment, the account holder may transfer any funds           3,971        

remaining in the account opened by the account holder's former     3,972        

employer to another medical savings account owned by the account   3,973        

holder.  For purposes of determining taxes due under Chapter       3,974        

5747,. of the Revised Code, this transfer of funds shall not be    3,975        

considered a withdrawal of funds from a medical savings account,   3,976        

nor shall it be considered a deposit to a medical savings                       

account.                                                           3,977        

      (C)  An administrator of an account opened by an employer    3,979        

shall not close an account without the permission of the account   3,980        

holder until at least sixty-one days after the account holder's    3,981        

final date of employment.  The employer shall notify the           3,982        

administrator of the employee's final date of employment.          3,983        

      Sec. 3924.73.  (A)  As used in this section:                 3,993        

      (1)  "Health care insurer" means any person legally engaged  3,995        

in the business of providing sickness and accident insurance       3,996        

                                                          86     

                                                                 
contracts in this state, a health maintenance organization         3,997        

organized under Chapter 1742. of the Revised Code, or any legal    3,998        

entity that is self-insured and provides health care benefits to   4,000        

its employees or members.                                          4,001        

      (2)  "Small employer" has the same meaning as in division    4,003        

(P) of section 3924.01 of the Revised Code.                        4,004        

      (B)(1)  Subject to division (B)(2) of this section, nothing  4,007        

in sections 3924.61 to 3924.74 of the Revised Code shall be        4,008        

construed to limit the rights, privileges, or protections of       4,009        

employees or small employers under sections 3924.01 to 3924.14 of  4,010        

the Revised Code.                                                  4,011        

      (2)  If any account holder enrolls or applies to enroll in   4,013        

a policy or contract offered by a health care insurer providing    4,014        

sickness and accident coverage that is more comprehensive than,    4,015        

and has a deductible amount that is less than, the coverage and    4,016        

deductible amount of the policy under which the account holder     4,017        

currently is enrolled, the health care insurer to which the        4,018        

account holder applies may subject the account holder to the same  4,020        

medical review, waiting periods, and underwriting requirements to  4,021        

which the health care insurer generally subjects other enrollees   4,022        

or applicants, unless the account holder enrolls or applies to     4,023        

enroll during a designated period of open enrollment.              4,024        

      Section 2.  That existing sections 1739.05, 1742.06,         4,026        

1742.12, 1742.16, 1742.37, 1742.39, 1742.45, 3901.21, 3923.122,    4,027        

3923.26, 3923.40, 3923.57, 3923.58, 3923.59, 3923.63, 3923.64,     4,028        

3924.01, 3924.03, 3924.07, 3924.08, 3924.09, 3924.10, 3924.11,     4,029        

3924.111, 3924.12, 3924.13, 3924.14, 3924.51, 3924.61, 3924.62,    4,030        

3924.63, 3924.64, 3924.66, 3924.67, 3924.68, and 3924.73 and                    

sections 1742.13 and 3941.53 of the Revised Code are hereby        4,031        

repealed.                                                          4,032        

      Section 3.  The amendments to sections 1742.37, 1742.39,     4,034        

3923.122, 3923.26, 3923.40, and 3924.51 of the Revised Code by     4,035        

this act shall apply to contracts, evidences of coverage,          4,036        

policies, and plans that are delivered, issued for delivery,       4,037        

                                                          87     

                                                                 
renewed, or established in this state on or after the effective    4,038        

date of this section.                                              4,039