As Passed by the House                        1            

122nd General Assembly                                             4            

   Regular Session                        Am. Sub. H. B. No. 374   5            

      1997-1998                                                    6            


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

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

    LEWIS-HOTTINGER-MAIER-TAVARES-JERSE-METELSKY-REID-WESTON-      10           

  CLANCY-HOUSEHOLDER-LUCAS-VESPER-O'BRIEN-VERICH-SULZER-BENDER-    11           

  MOTTL-MYERS-OGG-CORE-OLMAN-OPFER-DAMSCHRODER-BRITTON-HARRIS-     12           

   LOGAN-PATTON-ROMAN-WINKLER-WILSON-CATES-ROBERTS-FORD-JONES-     13           

 JACOBSON-FOX-SALERNO-MILLER-COLONNA-BOYD-PRINGLE-SUTTON-MALLORY   14           


                                                                   16           

                           A   B I L L                                          

             To amend sections 1739.05, 1751.06, 1751.14,          18           

                1751.15, 1751.16, 1751.18, 1751.59, 1751.61,       19           

                1751.64, 1751.65, 1751.67, 3901.21,  3901.49,      20           

                3901.491, 3901.50, 3901.501, 3923.021, 3923.122,   21           

                3923.26, 3923.40, 3923.57,  3923.58, 3923.59,      22           

                3923.63, 3923.64, 3924.01, 3924.02, 3924.03,       23           

                3924.07 to 3924.11, 3924.111, 3924.12 to 3924.14,  25           

                3924.51, 3924.61 to 3924.64, 3924.66 to 3924.68,   26           

                and 3924.73, to enact sections 1751.57, 1751.58,   27           

                3901.044, 3923.571, 3923.581, 3924.031, 3924.032,  29           

                3924.033, and 3924.27, and to  repeal section      30           

                3941.53 of the Revised Code relative to the        31           

                implementation of the federal Health Insurance     32           

                Portability and Accountability  Act of 1996 and    33           

                insurance coverage of follow-up care for a mother  34           

                and newborn, and to declare an emergency.          35           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        37           

      Section 1.  That sections 1739.05, 1751.06, 1751.14,         39           

1751.15, 1751.16, 1751.18, 1751.59, 1751.61, 1751.64, 1751.65,     40           

1751.67, 3901.21, 3901.49, 3901.491, 3901.50, 3901.501, 3923.021,  42           

                                                          2      

                                                                 
3923.122, 3923.26, 3923.40, 3923.57, 3923.58, 3923.59, 3923.63,    44           

3923.64, 3924.01, 3924.02, 3924.03, 3924.07, 3924.08, 3924.09,     45           

3924.10, 3924.11, 3924.111, 3924.12, 3924.13, 3924.14, 3924.51,    46           

3924.61, 3924.62, 3924.63, 3924.64, 3924.66, 3924.67, 3924.68,     48           

and 3924.73 be amended and sections 1751.57, 1751.58, 3901.044,    49           

3923.571, 3923.581, 3924.031, 3924.032, 3924.033, and 3924.27 of   50           

the Revised Code be enacted to read as follows:                    52           

      Sec. 1739.05.  (A)  A multiple employer welfare arrangement  61           

that is created pursuant to sections 1739.01 to 1739.22 of the     62           

Revised Code and that operates a group self-insurance program may  63           

be established only if any of the following applies:               64           

      (1)  The arrangement has and maintains a minimum enrollment  66           

of three hundred employees of two or more employers.               67           

      (2)  The arrangement has and maintains a minimum enrollment  69           

of three hundred self-employed individuals.                        70           

      (3)  The arrangement has and maintains a minimum enrollment  72           

of three hundred employees or self-employed individuals in any     73           

combination of divisions (A)(1) and (2) of this section.           74           

      (B)  A multiple employer welfare arrangement that is         76           

created pursuant to sections 1739.01 to 1739.22 of the Revised     77           

Code and that operates a group self-insurance program shall        78           

comply with all laws applicable to self-funded programs in this    79           

state, including sections 3901.04, 3901.041, 3901.19 to 3901.26,   80           

3901.38, 3901.40, 3901.45, 3901.46, 3902.01 to 3902.14, 3923.30,   81           

3923.301, and 3923.38, 3923.581, 3923.63, 3924.031, 3924.032, AND  84           

3924.27 of the Revised Code.                                       85           

      (C)  A multiple employer welfare arrangement created         87           

pursuant to sections 1739.01 to 1739.22 of the Revised Code shall  88           

solicit enrollments only through agents or solicitors licensed     89           

pursuant to Chapter 3905. of the Revised Code to sell or solicit   90           

sickness and accident insurance.                                   91           

      (D)  A multiple employer welfare arrangement created         93           

pursuant to sections 1739.01 to 1739.22 of the Revised Code shall  94           

provide benefits only to individuals who are members, employees    95           

                                                          3      

                                                                 
of members, or the dependents of members or employees, or are      96           

eligible for continuation of coverage under section 1751.53 or     97           

3923.38 of the Revised Code or under Title X of the "Consolidated  98           

Omnibus Budget Reconciliation Act of 1985," 100 Stat. 227, 29      99           

U.S.C.A. 1161, as amended.                                         100          

      Sec. 1751.06.  Upon obtaining a certificate of authority as  109          

required under this chapter, a health insuring corporation may do  111          

all of the following:                                                           

      (A)  Enroll individuals and their dependents in either of    113          

the following circumstances:                                       114          

      (1)  The individual resides OR LIVES in the approved         116          

service area.                                                                   

      (2)  The individual's place of employment is located in the  119          

approved service area and the individual has agreed to receive     120          

health care services in accordance with the evidence of coverage.  121          

      (B)  Contract with providers and health care facilities for  123          

the health care services to which enrollees are entitled under     124          

the terms of the health insuring corporation's health care         125          

contracts;                                                                      

      (C)  Contract with insurance companies authorized to do      128          

business in this state for insurance, indemnity, or reimbursement  129          

against the cost of providing emergency and nonemergency health    130          

care services for enrollees, subject to the provisions set forth   131          

in this chapter and the limitations set forth in the Revised       133          

Code;                                                                           

      (D)  Contract with any person pursuant to the requirements   135          

of division (A)(18) of section 1751.03 of the Revised Code for     136          

managerial or administrative services, or for data processing,     137          

actuarial analysis, billing services, or any other services        138          

authorized by the superintendent of insurance.  However, a health  140          

insuring corporation shall not enter into a contract for any of    141          

the services listed in this division with an insurance company     142          

that is not authorized to engage in the business of insurance in   143          

this state.                                                                     

                                                          4      

                                                                 
      (E)  Accept from governmental agencies, private agencies,    145          

corporations, associations, groups, individuals, or other          146          

persons, payments covering all or part of the costs of planning,   147          

development, construction, and the provision of health care        148          

services;                                                                       

      (F)  Purchase, lease, construct, renovate, operate, or       150          

maintain health care facilities, and their ancillary equipment,    151          

and any property necessary in the transaction of the business of   152          

the health insuring corporation.;                                               

      (G)  IN THE EMPLOYER GROUP MARKET, IMPOSE AN AFFILIATION     155          

PERIOD OF NOT MORE THAN SIXTY DAYS, WHICH PERIOD BEGINS ON THE     156          

INDIVIDUAL'S DATE OF ENROLLMENT AND RUNS CONCURRENTLY WITH ANY     157          

WAITING PERIOD IMPOSED UNDER THE COVERAGE.  FOR PURPOSES OF THIS   158          

DIVISION, "AFFILIATION PERIOD" MEANS A PERIOD OF TIME WHICH,       159          

UNDER THE TERMS OF THE COVERAGE OFFERED, MUST EXPIRE BEFORE THE    160          

COVERAGE BECOMES EFFECTIVE.  NO HEALTH CARE SERVICES OR BENEFITS   161          

NEED TO BE PROVIDED DURING AN AFFILIATION PERIOD, AND NO PERIODIC  162          

PREPAYMENTS CAN BE CHARGED FOR ANY COVERAGE DURING THAT PERIOD.    163          

      (H)  IF A HEALTH INSURING CORPORATION OFFERS COVERAGE IN     166          

THE SMALL EMPLOYER GROUP MARKET THROUGH A NETWORK PLAN, LIMIT OR   167          

DENY THE COVERAGE IN ACCORDANCE WITH SECTION 3924.031 OF THE       169          

REVISED CODE;                                                      170          

      (I)  REFUSE TO ISSUE COVERAGE IN THE SMALL EMPLOYER GROUP    173          

MARKET PURSUANT TO SECTION 3924.032 OF THE REVISED CODE;           175          

      (J)  ESTABLISH EMPLOYER CONTRIBUTION RULES OR GROUP          178          

PARTICIPATION RULES FOR THE OFFERING OF COVERAGE IN CONNECTION     179          

WITH A GROUP CONTRACT IN THE SMALL EMPLOYER GROUP MARKET, AS       180          

PROVIDED IN DIVISION (E)(1) OF SECTION 3924.03 OF THE REVISED      183          

CODE.                                                                           

      Nothing in this section shall be construed as prohibiting a  185          

health insuring corporation without other commercial enrollment    186          

from contracting solely with federal health care programs          187          

regulated by federal regulatory bodies.                                         

      Nothing in this section shall be construed to limit the      189          

                                                          5      

                                                                 
authority of a health insuring corporation to perform those        190          

functions not otherwise prohibited by law.                         191          

      Sec. 1751.14.  (A)  Any policy, contract, or agreement for   201          

health care services authorized by this chapter that is issued,    202          

delivered, or renewed in this state and that provides that         203          

coverage of an unmarried dependent child will terminate upon       204          

attainment of the limiting age for dependent children specified    205          

in the policy, contract, or agreement, shall also provide in       206          

substance that attainment of the limiting age shall not operate    207          

to terminate the coverage of the child if the child is and         208          

continues to be both:                                                           

      (1)  Incapable of self-sustaining employment by reason of    210          

mental retardation or physical handicap;                           211          

      (2)  Primarily dependent upon the subscriber for support     213          

and maintenance.                                                   214          

      (B)  Proof of incapacity and dependence for purposes of      216          

division (A) of this section shall be furnished to the health      217          

insuring corporation within thirty-one days of the child's         219          

attainment of the limiting age.  Upon request, but not more        220          

frequently than annually, the health insuring corporation may      221          

require proof satisfactory to it of the continuance of such        222          

incapacity and dependency.                                                      

      (C)  Nothing in this section shall be construed to require   225          

a health insuring corporation to cover a dependent child who is    226          

mentally retarded or physically handicapped if the policy,         227          

contract, or agreement is underwritten on evidence of              228          

insurability based on health factors set forth in the              229          

application, or if the dependent child does not satisfy the        230          

conditions of the policy, contract, or agreement as to any         231          

requirement for evidence of insurability or any other provision    232          

of the policy, contract, or agreement, satisfaction of which is    233          

required for coverage thereunder to take effect.  In any such      234          

case, the terms of the policy, contract, or agreement shall apply  235          

with regard to the coverage or exclusion of the dependent from     236          

                                                          6      

                                                                 
such coverage.                                                                  

      (D)  This section does not apply to any health insuring      239          

corporation, policy, contract, or agreement offering only          240          

supplemental health care services or specialty health care                      

services.                                                          241          

      (E)  THIS SECTION DOES NOT APPLY TO ANY GROUP HEALTH         244          

INSURING CORPORATION POLICY, CONTRACT, OR AGREEMENT OR TO ANY      245          

POLICY, CONTRACT, OR AGREEMENT WRITTEN UNDER SECTION 1751.15 OR    246          

3923.581 OF THE REVISED CODE.                                      247          

      Sec. 1751.15.  (A)  After a health insuring corporation has  256          

furnished, directly or indirectly, basic health care services for  257          

a period of twenty-four months, and if it currently meets the      258          

financial requirements set forth in section 1751.28 of the         259          

Revised Code and had net income as reported to the superintendent  260          

of insurance for at least one of the preceding four calendar                    

quarters, it shall hold an annual open enrollment period of not    261          

less than thirty days during its month of licensure FOR            263          

INDIVIDUALS WHO ARE NOT FEDERALLY ELIGIBLE INDIVIDUALS.            264          

      (B)  During the open enrollment period described in          266          

division (A) of this section, the health insuring corporation      267          

shall accept applicants and their dependents in the order in       268          

which they apply for enrollment and in accordance with any of the  269          

following:                                                                      

      (1)  Up to its capacity, as determined by the health         271          

insuring corporation subject to review by the superintendent;      272          

      (2)  If less than its capacity, one per cent of the health   274          

insuring corporation's total number of subscribers residing in     275          

this state as of the immediately preceding thirty-first day of     276          

December.                                                          277          

      (C)  Where a health insuring corporation demonstrates to     279          

the satisfaction of the superintendent that such open enrollment   280          

would jeopardize its economic viability, the superintendent may    281          

do any of the following:                                                        

      (1)  Waive the requirement for open enrollment;              283          

                                                          7      

                                                                 
      (2)  Impose a limit on the number of applicants and their    285          

dependents that must be enrolled;                                  286          

      (3)  Authorize such underwriting restrictions upon open      288          

enrollment as are necessary to do any of the following:            289          

      (a)  Preserve its financial stability;                       291          

      (b)  Prevent excessive adverse selection;                    293          

      (c)  Avoid unreasonably high or unmarketable charges for     295          

coverage of health care services.                                  296          

      (D)(1)  A request to the superintendent under division (C)   299          

of this section for any restriction, limit, or waiver during an                 

open enrollment period must be accompanied by supporting           300          

documentation, including financial data.  In reviewing the         301          

request, the superintendent may consider various factors,          302          

including the size of the health insuring corporation, the health  303          

insuring corporation's net worth and profitability, the health     304          

insuring corporation's delivery system structure, and the effect                

on profitability of prior open enrollments.                        305          

      (2)  Any action taken by the superintendent under division   307          

(C) of this section shall be effective for a period of not more    309          

than one year.  At the expiration of such time, a new              310          

demonstration of the health insuring corporation's need for the    311          

restriction, limit, or waiver shall be made before a new           312          

restriction, limit, or waiver is granted by the superintendent.    313          

      (3)  Irrespective of the granting of any restriction,        315          

limit, or waiver by the superintendent, a health insuring          316          

corporation may reject an applicant or a dependent of the          317          

applicant during its open enrollment period if the applicant or    318          

dependent:                                                         319          

      (a)  Was eligible for and was covered under any              321          

employer-sponsored health care coverage, or if employer-sponsored  322          

health care coverage was available at the time of open             323          

enrollment;                                                                     

      (b)  Is eligible for conversion or continuation coverage     325          

under state or federal law;                                        326          

                                                          8      

                                                                 
      (c)  Is eligible for medicare, and the health insuring       328          

corporation does not have an agreement on appropriate payment      329          

mechanisms with the governmental agency administering the          330          

medicare program.                                                               

      (E)  A health insuring corporation shall not be required     332          

either to enroll applicants or their dependents who are confined   333          

to a health care facility because of chronic illness, permanent    334          

injury, or other infirmity that would cause economic impairment    335          

to the health insuring corporation if such applicants or their     336          

dependents were enrolled or to make the effective date of          337          

benefits for applicants or their dependents enrolled under this    338          

section earlier than ninety days after the date of enrollment.     339          

      (F)  A health insuring corporation shall not be required to  341          

cover the fees or costs, or both, for any basic health care        342          

service related to a transplant of a body organ if the transplant  343          

occurs within one year after the effective date of an enrollee's   344          

coverage under this section.  This limitation on coverage does     345          

not apply to a newly born child who meets the requirements for                  

coverage under section 1751.61 of the Revised Code.                346          

      (G)  Each health insuring corporation required to hold an    348          

open enrollment pursuant to division (A) of this section shall     349          

file with the superintendent, not later than sixty days prior to   350          

the commencement of the proposed open enrollment period, the       351          

following documents:                                                            

      (1)  The proposed public notice of open enrollment;          353          

      (2)  The evidence of coverage approved pursuant to section   355          

1751.11 of the Revised Code that will be used during open          357          

enrollment;                                                                     

      (3)  The contractual periodic prepayment and premium rate    359          

approved pursuant to section 1751.12 of the Revised Code that      360          

will be applicable during open enrollment;                         361          

      (4)  Any solicitation document approved pursuant to section  364          

1751.31 of the Revised Code to be sent to applicants, including                 

the application form that will be used during open enrollment;     365          

                                                          9      

                                                                 
      (5)  A list of the proposed dates of publication of the      367          

public notice, and the names of the newspapers in which the        368          

notice will appear;                                                369          

      (6)  Any request for a restriction, limit, or waiver with    371          

respect to the open enrollment period, along with any supporting   372          

documentation.                                                     373          

      (H)(1)  An open enrollment period shall not satisfy the      375          

requirements of this section unless the health insuring            376          

corporation provides adequate public notice in accordance with     377          

divisions (H)(2) and (3) of this section.  No public notice shall  378          

be used until the form of the public notice has been filed by the  379          

health insuring corporation with the superintendent.  If the       380          

superintendent does not disapprove the public notice within sixty  381          

days after it is filed, it shall be deemed approved, unless the    382          

superintendent sooner gives approval for the public notice.  If    383          

the superintendent determines within this sixty-day period that    384          

the public notice fails to meet the requirements of this section,  385          

the superintendent shall so notify the health insuring             386          

corporation and it shall be unlawful for the health insuring       387          

corporation to use the public notice.  Such disapproval shall be   388          

effected by a written order, which shall state the grounds for     389          

disapproval and shall be issued in accordance with Chapter 119.    390          

of the Revised Code.                                                            

      (2)  A public notice pursuant to division (H)(1) of this     392          

section shall be published in at least one newspaper of general    393          

circulation in each county in the health insuring corporation's    394          

service area, at least once in each of the two weeks immediately   395          

preceding the month in which the open enrollment is to occur and   396          

in each week of that month, or until the enrollment limitation is  397          

reached, whichever occurs first.  The notice published during the  398          

last week of open enrollment shall appear not less than five days  399          

before the end of the open enrollment period.  It shall be at      400          

least two newspaper columns wide or two and one-half inches wide,  402          

whichever is larger.  The first two lines of the text shall be     403          

                                                          10     

                                                                 
published in not less than twelve-point, boldface type.  The       404          

remainder of the text of the notice shall be published in not      405          

less than eight-point type.  The entire public notice shall be     406          

surrounded by a continuous black line not less than one-eighth of  407          

an inch wide.                                                                   

      (3)  The following information shall be included in the      409          

public notice provided under division (H)(2) of this section:      410          

      (a)  The dates that open enrollment will be held and the     412          

date coverage obtained under the open enrollment will become       413          

effective;                                                                      

      (b)  Notice that an applicant or the applicant's dependents  415          

will not be denied coverage during open enrollment because of a    416          

preexisting health condition, but that some limitations and        417          

restrictions may apply;                                                         

      (c)  The address where a person may obtain an application;   419          

      (d)  The telephone number that a person may call to request  421          

an application or to ask questions;                                423          

      (e)  The date the first payment will be due;                 425          

      (f)  The actual rates or range of rates that will be         427          

applicable for applicants;                                         428          

      (g)  Any limitation granted by the superintendent on the     431          

number of applications that will be accepted by the health         432          

insuring corporation.                                                           

      (4)  Within thirty days after the end of an open enrollment  435          

period, the health insuring corporation shall submit to the        436          

superintendent proof of publication for the public notices, and    437          

shall report the total number of applicants and their dependents   438          

enrolled during the open enrollment period.                        439          

      (I)(1)  No health insuring corporation may employ any        441          

scheme, plan, or device that restricts the ability of any person   442          

to enroll during open enrollment.                                  443          

      (2)  No health insuring corporation may require enrollment   445          

to be made in person.  Every health insuring corporation shall     446          

permit application for coverage by mail.  A representative of the  448          

                                                          11     

                                                                 
health insuring corporation may visit an applicant who has                      

submitted an application by mail, in order to explain the          449          

operations of the health insuring corporation and to answer any    450          

questions the applicant may have.  Every health insuring           451          

corporation shall make open enrollment applications and            452          

solicitation documents readily available to any potential          453          

applicant who requests such material.                              454          

      (J)  An application postmarked on the last day of an open    456          

enrollment period shall qualify as a valid application,            457          

regardless of the date on which it is received by the health       458          

insuring corporation.                                                           

      (K)  This section does not apply to any health insuring      460          

corporation that offers only supplemental health care services or  462          

specialty health care services, or to any health insuring                       

corporation that offers plans only through Title XVIII or Title    463          

XIX of the "Social Security Act," 49 Stat. 620 (1935), 42          464          

U.S.C.A. 301, as amended, and that has no other commercial         465          

enrollment, or to any health insuring corporation that offers      466          

plans only through other federal health care programs regulated    467          

by federal regulatory bodies and that has no other commercial      468          

enrollment.                                                                     

      (L)  EACH HEALTH INSURING CORPORATION SHALL ACCEPT           471          

FEDERALLY ELIGIBLE INDIVIDUALS FOR OPEN ENROLLMENT COVERAGE AS     472          

PROVIDED IN SECTION 3923.581 OF THE REVISED CODE.  A HEALTH        474          

INSURING CORPORATION MAY REINSURE COVERAGE OF ANY FEDERALLY        475          

ELIGIBLE INDIVIDUAL ACQUIRED UNDER THAT SECTION WITH THE OPEN      476          

ENROLLMENT REINSURANCE PROGRAM IN ACCORDANCE WITH DIVISION (G) OF  478          

SECTION 3924.11 OF THE REVISED CODE.  FIXED PERIODIC PREPAYMENT    481          

RATES CHARGED FOR COVERAGE REINSURED BY THE PROGRAM SHALL BE       482          

ESTABLISHED IN ACCORDANCE WITH SECTION 3924.12 OF THE REVISED      484          

CODE.                                                                           

      (M)  AS USED IN THIS SECTION, "FEDERALLY ELIGIBLE            487          

INDIVIDUAL" MEANS AN ELIGIBLE INDIVIDUAL AS DEFINED IN 45 C.F.R.   489          

148.103.                                                           490          

                                                          12     

                                                                 
      Sec. 1751.16.  (A)  Except as provided in division (F) of    499          

this section, every group contract issued by a health insuring     500          

corporation shall provide an option for conversion to an           501          

individual contract issued on a direct-payment basis to any        502          

subscriber covered by the group contract who terminates            503          

employment or membership in the group, unless:                     504          

      (1)  Termination of the conversion option or contract is     506          

based upon nonpayment of premium after reasonable notice in        507          

writing has been given by the health insuring corporation to the   508          

subscriber.                                                        509          

      (2)  The subscriber is, or is eligible to be, covered for    511          

benefits at least comparable to the group contract under any of    512          

the following:                                                     513          

      (a)  Title XVIII of the "Social Security Act," 49 Stat. 620  515          

(1935), 42 U.S.C.A. 301, as amended;                               516          

      (b)  Any act of congress or law under this or any other      518          

state of the United States providing coverage at least comparable  519          

to the benefits under division (A)(2)(a) of this section;          520          

      (c)  Any policy of insurance or health care plan providing   522          

coverage at least comparable to the benefits under division        523          

(A)(2)(a) of this section.                                         524          

      (B)(1)  The direct-payment contract offered by the health    526          

insuring corporation pursuant to division (A) of this section      528          

shall provide benefits comparable to the benefits being provided   529          

by any of the individual contracts then being issued to            530          

individual subscribers by the health insuring corporation.  The    531          

contract may contain a coordination of benefits provision as       532          

approved by the superintendent of insurance THE FOLLOWING:         534          

      (a)  IN THE CASE OF AN INDIVIDUAL WHO IS NOT A FEDERALLY     537          

ELIGIBLE INDIVIDUAL, BENEFITS COMPARABLE TO BENEFITS IN ANY OF     538          

THE INDIVIDUAL CONTRACTS THEN BEING ISSUED TO INDIVIDUAL           539          

SUBSCRIBERS BY THE HEALTH INSURING CORPORATION;                    540          

      (b)  IN THE CASE OF A FEDERALLY ELIGIBLE INDIVIDUAL, A       543          

BASIC AND STANDARD PLAN ESTABLISHED BY THE BOARD OF DIRECTORS OF   544          

                                                          13     

                                                                 
THE OHIO HEALTH REINSURANCE PROGRAM OR PLANS SUBSTANTIALLY         545          

SIMILAR TO THE BASIC AND STANDARD PLAN IN BENEFIT DESIGN AND       546          

SCOPE OF COVERED SERVICES.  FOR PURPOSES OF DIVISION (B)(1)(b) OF  548          

THIS SECTION, THE SUPERINTENDENT OF INSURANCE SHALL DETERMINE      549          

WHETHER A PLAN IS SUBSTANTIALLY SIMILAR TO THE BASIC OR STANDARD   550          

PLAN IN BENEFIT DESIGN AND SCOPE OF COVERED SERVICES.  THE         551          

CONTRACTUAL PERIODIC PREPAYMENTS CHARGED FOR SUCH PLANS MAY NOT    552          

EXCEED AN AMOUNT THAT IS TWO TIMES THE MIDPOINT OF THE STANDARD    553          

RATE CHARGED ANY OTHER INDIVIDUAL OF A GROUP TO WHICH THE          554          

ORGANIZATION IS CURRENTLY ACCEPTING NEW BUSINESS AND FOR WHICH     555          

SIMILAR COPAYMENTS AND DEDUCTIBLES ARE APPLIED.                    556          

      (2)  THE DIRECT PAYMENT CONTRACT OFFERED PURSUANT TO         558          

DIVISION (A) OF THIS SECTION MAY INCLUDE A COORDINATION OF         560          

BENEFITS PROVISION AS APPROVED BY THE SUPERINTENDENT.              561          

      (3)  FOR PURPOSES OF DIVISION (B) OF THIS SECTION            564          

"FEDERALLY ELIGIBLE INDIVIDUAL" MEANS AN ELIGIBLE INDIVIDUAL AS    565          

DEFINED IN 45 C.F.R. 148.103.                                      568          

      (C)  The option for conversion shall be available:           570          

      (1)  Upon the death of the subscriber, to the surviving      572          

spouse with respect to SUCH OF the spouse or AND dependents who    574          

were AS ARE then covered by the group contract;                    575          

      (2)  To a child solely with respect to the child upon the    577          

child's attaining the limiting age of coverage under the group     578          

contract while covered as a dependent under the contract;          579          

      (3)  Upon the divorce, dissolution, or annulment of the      581          

marriage of the subscriber, to the divorced spouse, or, in the     582          

event of annulment, to the former spouse of the subscriber.        584          

      (D)  No health insuring corporation shall do any of the      586          

following:                                                                      

      (1)  Use USE age as the basis for refusing to renew a        588          

converted contract;                                                589          

      (2)  Require a subscriber to produce evidence of             591          

insurability in order to exercise the option for conversion        592          

provided by this section;                                          593          

                                                          14     

                                                                 
      (3)  Include preexisting condition limitations in a          595          

converted contract.                                                596          

      (E)  Written notice of the conversion option provided by     599          

this section shall be given to the subscriber by the health        600          

insuring corporation by mail.  The notice shall be sent to the     601          

subscriber's address in the records of the employer upon receipt   602          

of notice from the employer of the event giving rise to the        603          

conversion option.  If the subscriber has not received notice of   604          

the conversion privilege at least fifteen days prior to the        605          

expiration of the thirty-day conversion period, then the           606          

subscriber shall have an additional period within which to         607          

exercise the privilege.  This additional period shall expire       608          

fifteen days after the subscriber receives notice, but in no       609          

event shall the period extend beyond sixty days after the          610          

expiration of the thirty-day conversion period.                    611          

      (F)  This section does not apply to any group contract       613          

offering only supplemental health care services or specialty       614          

health care services.                                                           

      Sec. 1751.18.  (A)(1)  No health insuring corporation shall  623          

cancel or fail to renew the coverage of a subscriber or enrollee   624          

because of the subscriber's or enrollee's ANY health status or     626          

requirement STATUS-RELATED FACTOR IN RELATION TO THE SUBSCRIBER,   627          

THE SUBSCRIBER'S REQUIREMENTS for health care services, or for     629          

any other reason designated under rules adopted by the             630          

superintendent of insurance.                                       631          

      (2)  Unless otherwise required by state or federal law, no   633          

health insuring corporation, or health care facility or provider   634          

through which the health insuring corporation has made             635          

arrangements to provide health care services, shall discriminate   636          

against any individual with regard to enrollment, disenrollment,   637          

or the quality of health care services rendered, on the basis of   638          

the individual's race, color, sex, age, religion, state of         639          

health, or status as a recipient of medicare or medical            640          

assistance under Title XVIII or XIX of the "Social Security Act,"  641          

                                                          15     

                                                                 
49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, OR ANY HEALTH    643          

STATUS-RELATED FACTOR IN RELATION TO THE INDIVIDUAL.  However, a   644          

health insuring corporation shall not be required to accept a      646          

recipient of medicare or medical assistance, if an agreement has   647          

not been reached on appropriate payment mechanisms between the     648          

health insuring corporation and the governmental agency            649          

administering these programs.  Further, except during a period of  650          

open enrollment under section 1751.15 of the Revised Code, a       651          

health insuring corporation may reject an applicant for nongroup   652          

enrollment on the basis of the state of ANY health of              653          

STATUS-RELATED FACTOR IN RELATION TO the applicant.                655          

      (B)  A health insuring corporation may cancel or decide not  658          

to renew the coverage of a subscriber or enrollee for any of the   659          

following reasons:                                                              

      (1)  Failure of the subscriber or enrollee to pay, or to     661          

have paid on the subscriber's or enrollee's behalf, the required   662          

premium rate or other charge;                                      663          

      (2)  Fraud or forgery;                                       665          

      (3)  Any material misrepresentation on the application for   667          

coverage;                                                          668          

      (4)  The subscriber's or enrollee's permitting the use of    670          

an identification card or similar documents by another person,     671          

allowing that person to receive services for which that person is  673          

not entitled;                                                                   

      (5)  The subscriber's or enrollee's inability to establish   675          

or maintain a provider-patient relationship with any provider      676          

associated with the health insuring corporation, which inability   677          

may include the subscriber's or enrollee's disruptive or abusive   678          

behavior toward providers or the staff of the health care plan.    680          

      (C)  A subscriber or enrollee may appeal any action or       682          

decision of the A health insuring corporation under division (B)   685          

of this section TAKEN PURSUANT TO SECTION 2742(b) TO (e) OF THE    688          

"HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996,"     689          

PUB. L. NO. 104-191, 110 STAT. 1955, 42 U.S.C.A. 300gg-42, AS      691          

                                                          16     

                                                                 
AMENDED.  To appeal, the subscriber or enrollee may submit a       694          

written complaint to the health insuring corporation pursuant to   695          

section 1751.19 of the Revised Code.  The subscriber or enrollee   696          

may, within thirty days after receiving a written response from    697          

the health insuring corporation, appeal the health insuring        698          

corporation's action or decision to the superintendent.            699          

      (C)  AS USED IN THIS SECTION, "HEALTH STATUS-RELATED         701          

FACTOR" MEANS ANY OF THE FOLLOWING:                                702          

      (1)  HEALTH STATUS;                                          704          

      (2)  MEDICAL CONDITION, INCLUDING BOTH PHYSICAL AND MENTAL   707          

ILLNESSES;                                                                      

      (3)  CLAIMS EXPERIENCE;                                      709          

      (4)  RECEIPT OF HEALTH CARE;                                 711          

      (5)  MEDICAL HISTORY;                                        713          

      (6)  GENETIC INFORMATION;                                    715          

      (7)  EVIDENCE OF INSURABILITY, INCLUDING CONDITIONS ARISING  718          

OUT OF ACTS OF DOMESTIC VIOLENCE;                                               

      (8)  DISABILITY.                                             720          

      Sec. 1751.57.  (A)  THE FOLLOWING CONDITIONS APPLY TO ALL    722          

INDIVIDUAL HEALTH INSURING CORPORATION CONTRACTS:                  723          

      (1)  EXCEPT AS PROVIDED IN SECTION 2742(b) TO (e) OF THE     727          

"HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996,"     732          

PUB. L. NO. 104-191, 110 STAT. 1955, 42 U.S.C.A. 300gg-42, AS      737          

AMENDED, A HEALTH INSURING CORPORATION THAT PROVIDES INDIVIDUAL    738          

COVERAGE TO AN INDIVIDUAL SHALL RENEW OR CONTINUE IN FORCE SUCH    739          

COVERAGE AT THE OPTION OF THE INDIVIDUAL.                          740          

      (2)  SUCH INDIVIDUAL CONTRACTS ARE SUBJECT TO SECTIONS 2743  742          

AND 2747 OF THE "HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY   746          

ACT OF 1996."                                                      747          

      (3)  SECTIONS 3924.031 AND 3924.032 OF THE REVISED CODE      751          

SHALL APPLY TO HEALTH INSURING CORPORATION CONTRACTS OFFERED IN    752          

THE INDIVIDUAL MARKET IN THE SAME MANNER AS THEY APPLY TO HEALTH   753          

BENEFIT PLANS OFFERED IN THE SMALL EMPLOYER MARKET.                754          

      (B)  IN ACCORDANCE WITH 45 C.F.R. 148.102, THIS SECTION      759          

                                                          17     

                                                                 
ALSO APPLIES TO ALL GROUP HEALTH INSURING CORPORATION CONTRACTS    760          

THAT ARE NOT SOLD IN CONNECTION WITH AN EMPLOYMENT-RELATED GROUP   761          

HEALTH CARE PLAN AND THAT PROVIDE MORE THAN SHORT-TERM, LIMITED    762          

DURATION COVERAGE.                                                              

      Sec. 1751.58.  EXCEPT AS OTHERWISE PROVIDED IN SECTION 2721  765          

OF THE "HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF     769          

1996," PUB. L. NO. 104-191, 110 STAT. 1955, 42 U.S.C.A. 300gg-21,  775          

AS AMENDED, THE FOLLOWING CONDITIONS APPLY TO ALL GROUP HEALTH     776          

INSURING CORPORATION CONTRACTS THAT ARE SOLD IN CONNECTION WITH    777          

AN EMPLOYMENT-RELATED GROUP HEALTH CARE PLAN AND THAT ARE NOT      778          

SUBJECT TO SECTION 3924.03 OF THE REVISED CODE:                    780          

      (A)  EXCEPT AS PROVIDED IN SECTION 2712(b) TO (e) OF THE     784          

"HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996," IF  788          

A HEALTH INSURING CORPORATION OFFERS COVERAGE IN THE SMALL OR      789          

LARGE GROUP MARKET IN CONNECTION WITH A GROUP CONTRACT, THE        790          

ORGANIZATION SHALL RENEW OR CONTINUE IN FORCE SUCH COVERAGE AT     791          

THE OPTION OF THE CONTRACT HOLDER.                                 792          

      (B)  SUCH GROUP CONTRACTS ARE SUBJECT TO DIVISION (E)(1) OF  795          

SECTION 3924.03 AND SECTIONS 3924.033 AND 3924.27 OF THE REVISED   796          

CODE.                                                              797          

      (C)  SUCH GROUP CONTRACTS SHALL PROVIDE FOR THE SPECIAL      800          

ENROLLMENT PERIODS DESCRIBED IN SECTION 2701(f) OF THE "HEALTH     803          

INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996."             806          

      Sec. 1751.59.  (A)  No individual or group health insuring   815          

corporation policy, contract, or agreement providing THAT MAKES    816          

family coverage AVAILABLE may be delivered, issued for delivery,   818          

or renewed in this state, unless the policy, contract, or                       

agreement covers adopted children of the subscriber on the same    819          

basis as other dependents.                                         820          

      (B)  The coverage required by this section is subject to     822          

the requirements and restrictions set forth in section 3924.51 of  823          

the Revised Code.  Coverage for dependent children living outside  825          

the health insuring corporation's approved service area must be    826          

provided if a court order requires the subscriber to provide       827          

                                                          18     

                                                                 
health care coverage.                                                           

      Sec. 1751.61.  (A)  Each individual or group evidence of     837          

coverage that is delivered, issued for delivery, or renewed by a   838          

health insuring corporation in this state, and that provides       839          

MAKES coverage AVAILABLE for family members of a subscriber, also  841          

shall provide that coverage applicable to children is payable      842          

from the moment of birth with respect to a newly born child of     843          

the subscriber or subscriber's spouse.                             844          

      (B)  Coverage for a newly born child is effective for a      846          

period of thirty-one days from the date of birth.                  847          

      (C)  To continue coverage for a newly born child beyond the  849          

thirty-one day period described in division (B) of this section,   850          

the subscriber shall notify the health insuring corporation        851          

within that period.                                                             

      (D)  If payment of a specific premium rate is required to    853          

provide coverage under this section for an additional child, the   854          

evidence of coverage may require the subscriber to make this       855          

payment to the health insuring corporation within the thirty-one   856          

day period described in division (B) of this section in order to   857          

continue the coverage beyond that period.                          858          

      Sec. 1751.64.  (A)  As used in this section, "genetic        868          

screening or testing" means a laboratory test of a person's genes  869          

or chromosomes for abnormalities, defects, or deficiencies,        870          

including carrier status, that are linked to physical or mental    871          

disorders or impairments, or that indicate a susceptibility to     872          

illness, disease, or other disorders, whether physical or mental,  873          

which test is a direct test for abnormalities, defects, or         874          

deficiencies, and not an indirect manifestation of genetic         875          

disorders.                                                                      

      (B)  No health insuring corporation, in processing an        878          

application for coverage for health care services under an         879          

individual or group health insuring corporation policy, contract,  880          

or agreement or in determining insurability under such a policy,   881          

contract, or agreement, shall do any of the following:             882          

                                                          19     

                                                                 
      (1)  Require an individual seeking coverage to submit to     884          

genetic screening or testing;                                      885          

      (2)  Take into consideration, other than in accordance with  888          

division (F) of this section, the results of genetic screening or  889          

testing;                                                                        

      (3)  Make any inquiry to determine the results of genetic    891          

screening or testing;                                              892          

      (4)  Make a decision adverse to the applicant based on       894          

entries in medical records or other reports of genetic screening   895          

or testing.                                                        896          

      (C)  In developing and asking questions regarding medical    899          

histories of applicants for coverage under an individual or group  900          

health insuring corporation policy, contract, or agreement, no     901          

health insuring corporation shall ask for the results of genetic   902          

screening or testing or ask questions designed to ascertain the    903          

results of genetic screening or testing.                           904          

      (D)  No health insuring corporation shall cancel or refuse   907          

to issue or renew coverage for health care services based on the   908          

results of genetic screening or testing.                           909          

      (E)  No health insuring corporation shall deliver, issue     912          

for delivery, or renew an individual or group policy, contract,    913          

or agreement in this state that limits benefits based on the       914          

results of genetic screening or testing.                           915          

      (F)  A health insuring corporation may consider the results  918          

of genetic screening or testing if the results are voluntarily     919          

submitted by an applicant for coverage or renewal of coverage and  920          

the results are favorable to the applicant.                        921          

      (G)  A violation of this section is an unfair and deceptive  924          

act or practice in the business of insurance under sections        925          

3901.19 to 3901.26 of the Revised Code.                            927          

      Sec. 1751.65.  (A)  As used in this section, "genetic        937          

screening or testing" means a laboratory test of a person's genes  938          

or chromosomes for abnormalities, defects, or deficiencies,        939          

including carrier status, that are linked to physical or mental    940          

                                                          20     

                                                                 
disorders or impairments, or that indicate a susceptibility to     941          

illness, disease, or other disorders, whether physical or mental,  942          

which test is a direct test for abnormalities, defects, or         943          

deficiencies, and not an indirect manifestation of genetic         944          

disorders.                                                         945          

      (B)  Upon the repeal of section 1751.64 of the Revised       948          

Code, no health insuring corporation shall do either of the        950          

following:                                                                      

      (1)  Consider, in a manner adverse to an applicant or        952          

insured, any information obtained from genetic screening or        953          

testing conducted prior to the repeal of section 1751.64 of the    954          

Revised Code in processing an application for coverage for health  957          

care services under an individual or group policy, contract, or    958          

agreement or in determining insurability under such a policy,      959          

contract, or agreement;                                            960          

      (2)  Inquire, directly or indirectly, into the results of    962          

genetic screening or testing conducted prior to the repeal of      963          

section 1751.64 of the Revised Code, or use such information, in   966          

whole or in part, to cancel, refuse to issue or renew, or limit    967          

benefits under, an individual or group policy, contract, or        968          

agreement.                                                                      

      (C)  Any health insuring corporation that has engaged in,    971          

is engaged in, or is about to engage in a violation of division    972          

(B) of this section is subject to the jurisdiction of the          974          

superintendent of insurance under section 3901.04 of the Revised   975          

Code.                                                                           

      Sec. 1751.67.  (A)  Each individual or group health          984          

insuring corporation policy, contract, or agreement delivered,     985          

issued for delivery, or renewed in this state that provides        986          

maternity benefits shall provide coverage of inpatient care and    987          

follow-up care for a mother and her newborn as follows:            988          

      (1)  The policy, contract, or agreement shall cover a        990          

minimum of forty-eight SEVENTY-TWO hours of inpatient care         991          

following a normal vaginal delivery and a minimum of ninety-six    993          

                                                          21     

                                                                 
hours of inpatient care following a cesarean delivery.  Services   994          

covered as inpatient care shall include medical, educational, and  995          

any other services that are consistent with the inpatient care     996          

recommended in the protocols and guidelines developed by national  997          

organizations that represent pediatric, obstetric, and nursing     998          

professionals.                                                                  

      (2)  The policy, contract, or agreement shall cover a        1,000        

physician-directed source of follow-up care.  Services covered as  1,002        

follow-up care shall include physical assessment of the mother     1,003        

and newborn, parent education, assistance and training in breast   1,004        

or bottle feeding, assessment of the home support system,                       

performance of any medically necessary and appropriate clinical    1,005        

tests, and any other services that are consistent with the         1,006        

follow-up care recommended in the protocols and guidelines         1,007        

developed by national organizations that represent pediatric,      1,008        

obstetric, and nursing professionals.  The coverage shall apply    1,009        

to services provided in a medical setting or through home health   1,010        

care visits.  The coverage shall apply to a home health care       1,011        

visit only if the provider who conducts the visit is               1,012        

knowledgeable and experienced in maternity and newborn care.       1,013        

      When a decision is made in accordance with division (B) of   1,016        

this section to discharge a mother or newborn prior to the                      

expiration of the applicable number of hours of inpatient care     1,017        

required to be covered, the coverage of follow-up care shall       1,018        

apply to all follow-up care that is provided within forty-eight    1,019        

hours after discharge.  When a mother or newborn receives at       1,020        

least the number of hours of inpatient care required to be         1,021        

covered, the coverage of follow-up care shall apply to follow-up   1,022        

care that is determined to be medically necessary by the provider  1,024        

responsible for discharging the mother or newborn.                              

      (B)  Any decision to shorten the length of inpatient stay    1,026        

to less than that specified under division (A)(1) of this section  1,028        

shall be made by the physician attending the mother or newborn,    1,029        

except that if a nurse-midwife is attending the mother in          1,030        

                                                          22     

                                                                 
collaboration with a physician, the decision may be made by the    1,031        

nurse-midwife.  Decisions regarding early discharge shall be made  1,032        

only after conferring with the mother or a person responsible for  1,033        

the mother or newborn.  For purposes of this division, a person    1,034        

responsible for the mother or newborn may include a parent,        1,035        

guardian, or any other person with authority to make medical       1,036        

decisions for the mother or newborn.                                            

      (C)(1)  No health insuring corporation may do either of the  1,038        

following:                                                                      

      (a)  Terminate the participation of a provider or health     1,040        

care facility in an individual or group health care plan solely    1,041        

for making recommendations for inpatient or follow-up care for a   1,042        

particular mother or newborn that are consistent with the care     1,043        

required to be covered by this section;                            1,044        

      (b)  Establish or offer monetary or other financial          1,046        

incentives for the purpose of encouraging a person to decline the  1,048        

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

section.                                                           1,049        

      (2)  Whoever violates division (C)(1)(a) or (b) of this      1,051        

section has engaged in an unfair and deceptive act or practice in  1,052        

the business of insurance under sections 3901.19 to 3901.26 of     1,053        

the Revised Code.                                                               

      (D)  This section does not do any of the following:          1,055        

      (1)  Require a policy, contract, or agreement to cover       1,057        

inpatient or follow-up care that is not received in accordance     1,058        

with the policy's, contract's, or agreement's terms pertaining to  1,059        

the providers and facilities from which an individual is           1,060        

authorized to receive health care services;                        1,061        

      (2)  Require a mother or newborn to stay in a hospital or    1,063        

other inpatient setting for a fixed period of time following       1,064        

delivery;                                                                       

      (3)  Require a child to be delivered in a hospital or other  1,066        

inpatient setting;                                                              

      (4)  Authorize a nurse-midwife to practice beyond the        1,068        

                                                          23     

                                                                 
authority to practice nurse-midwifery in accordance with Chapter   1,069        

4723. of the Revised Code;                                         1,070        

      (5)  Establish minimum standards of medical diagnosis,       1,072        

care, or treatment for inpatient or follow-up care for a mother    1,073        

or newborn.  A deviation from the care required to be covered      1,074        

under this section shall not, solely on the basis of this          1,075        

section, give rise to a medical claim or to derivative claims for  1,076        

relief, as those terms are defined in section 2305.11 of the       1,077        

Revised Code.                                                                   

      Sec. 3901.044.  THE SUPERINTENDENT OF INSURANCE MAY ADOPT    1,080        

RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE THAT     1,083        

THE SUPERINTENDENT CONSIDERS NECESSARY AND ADVISABLE FOR THE       1,084        

PURPOSE OF IMPLEMENTING THE "HEALTH INSURANCE PORTABILITY AND      1,088        

ACCOUNTABILITY ACT OF 1996," PUB. L. NO. 104-191, 110 STAT. 1955,  1,093        

42 U.S.C.A. 300gg, AS AMENDED, AND ANY REGULATION ADOPTED          1,095        

THEREUNDER.                                                        1,096        

      Sec. 3901.21.  The following are hereby defined as unfair    1,105        

and deceptive acts or practices in the business of insurance:      1,106        

      (A)  Making, issuing, circulating, or causing or permitting  1,108        

to be made, issued, or circulated, or preparing with intent to so  1,109        

use, any estimate, illustration, circular, or statement            1,110        

misrepresenting the terms of any policy issued or to be issued or  1,111        

the benefits or advantages promised thereby or the dividends or    1,112        

share of the surplus to be received thereon, or making any false   1,113        

or misleading statements as to the dividends or share of surplus   1,114        

previously paid on similar policies, or making any misleading      1,115        

representation or any misrepresentation as to the financial        1,116        

condition of any insurer as shown by the last preceding verified   1,117        

statement made by it to the insurance department of this state,    1,118        

or as to the legal reserve system upon which any life insurer      1,119        

operates, or using any name or title of any policy or class of     1,120        

policies misrepresenting the true nature thereof, or making any    1,121        

misrepresentation or incomplete comparison to any person for the   1,122        

purpose of inducing or tending to induce such person to purchase,  1,123        

                                                          24     

                                                                 
amend, lapse, forfeit, change, or surrender insurance.             1,124        

      Any written statement concerning the premiums for a policy   1,126        

which refers to the net cost after credit for an assumed           1,127        

dividend, without an accurate written statement of the gross       1,128        

premiums, cash values, and dividends based on the insurer's        1,129        

current dividend scale, which are used to compute the net cost     1,130        

for such policy, and a prominent warning that the rate of          1,131        

dividend is not guaranteed, is a misrepresentation for the         1,132        

purposes of this division.                                         1,133        

      (B)  Making, publishing, disseminating, circulating, or      1,135        

placing before the public or causing, directly or indirectly, to   1,136        

be made, published, disseminated, circulated, or placed before     1,137        

the public, in a newspaper, magazine, or other publication, or in  1,138        

the form of a notice, circular, pamphlet, letter, or poster, or    1,139        

over any radio station, or in any other way, or preparing with     1,140        

intent to so use, an advertisement, announcement, or statement     1,141        

containing any assertion, representation, or statement, with       1,142        

respect to the business of insurance or with respect to any        1,143        

person in the conduct of his THE PERSON'S insurance business,      1,144        

which is untrue, deceptive, or misleading.                         1,145        

      (C)  Making, publishing, disseminating, or circulating,      1,147        

directly or indirectly, or aiding, abetting, or encouraging the    1,148        

making, publishing, disseminating, or circulating, or preparing    1,149        

with intent to so use, any statement, pamphlet, circular,          1,150        

article, or literature, which is false as to the financial         1,151        

condition of an insurer and which is calculated to injure any      1,152        

person engaged in the business of insurance.                       1,153        

      (D)  Filing with any supervisory or other public official,   1,155        

or making, publishing, disseminating, circulating, or delivering   1,156        

to any person, or placing before the public, or causing directly   1,157        

or indirectly to be made, published, disseminated, circulated,     1,158        

delivered to any person, or placed before the public, any false    1,159        

statement of financial condition of an insurer.                    1,160        

      Making any false entry in any book, report, or statement of  1,162        

                                                          25     

                                                                 
any insurer with intent to deceive any agent or examiner lawfully  1,163        

appointed to examine into its condition or into any of its         1,164        

affairs, or any public official to whom such insurer is required   1,165        

by law to report, or who has authority by law to examine into its  1,166        

condition or into any of its affairs, or, with like intent,        1,167        

willfully omitting to make a true entry of any material fact       1,168        

pertaining to the business of such insurer in any book, report,    1,169        

or statement of such insurer, or mutilating, destroying,           1,170        

suppressing, withholding, or concealing any of its records.        1,171        

      (E)  Issuing or delivering or permitting agents, officers,   1,173        

or employees to issue or deliver agency company stock or other     1,174        

capital stock or benefit certificates or shares in any common-law  1,175        

corporation or securities or any special or advisory board         1,176        

contracts or other contracts of any kind promising returns and     1,177        

profits as an inducement to insurance.                             1,178        

      (F)  Making or permitting any unfair discrimination among    1,180        

individuals of the same class and equal expectation of life in     1,181        

the rates charged for any contract of life insurance or of life    1,182        

annuity or in the dividends or other benefits payable thereon, or  1,183        

in any other of the terms and conditions of such contract.         1,184        

      (G)(1)  Except as otherwise expressly provided by law,       1,186        

knowingly permitting or offering to make or making any contract    1,187        

of life insurance, life annuity or accident and health insurance,  1,188        

or agreement as to such contract other than as plainly expressed   1,189        

in the contract issued thereon, or paying or allowing, or giving   1,190        

or offering to pay, allow, or give, directly or indirectly, as     1,191        

inducement to such insurance, or annuity, any rebate of premiums   1,192        

payable on the contract, or any special favor or advantage in the  1,193        

dividends or other benefits thereon, or any valuable               1,194        

consideration or inducement whatever not specified in the          1,195        

contract; or giving, or selling, or purchasing, or offering to     1,196        

give, sell, or purchase, as inducement to such insurance or        1,197        

annuity or in connection therewith, any stocks, bonds, or other    1,198        

securities, or other obligations of any insurance company or       1,199        

                                                          26     

                                                                 
other corporation, association, or partnership, or any dividends   1,200        

or profits accrued thereon, or anything of value whatsoever not    1,201        

specified in the contract.                                         1,202        

      (2)  Nothing in division (F) or division (G)(1) of this      1,204        

section shall be construed as prohibiting any of the following     1,205        

practices:  (a) in the case of any contract of life insurance or   1,206        

life annuity, paying bonuses to policyholders or otherwise         1,207        

abating their premiums in whole or in part out of surplus          1,208        

accumulated from nonparticipating insurance, provided that any     1,209        

such bonuses or abatement of premiums shall be fair and equitable  1,210        

to policyholders and for the best interests of the company and     1,211        

its policyholders;  (b) in the case of life insurance policies     1,212        

issued on the industrial debit plan, making allowance to           1,213        

policyholders who have continuously for a specified period made    1,214        

premium payments directly to an office of the insurer in an        1,215        

amount which fairly represents the saving in collection expenses;  1,216        

(c) readjustment of the rate of premium for a group insurance      1,217        

policy based on the loss or expense experience thereunder, at the  1,218        

end of the first or any subsequent policy year of insurance        1,219        

thereunder, which may be made retroactive only for such policy     1,220        

year.                                                              1,221        

      (H)  Making, issuing, circulating, or causing or permitting  1,223        

to be made, issued, or circulated, or preparing with intent to so  1,224        

use, any statement to the effect that a policy of life insurance   1,225        

is, is the equivalent of, or represents shares of capital stock    1,226        

or any rights or options to subscribe for or otherwise acquire     1,227        

any such shares in the life insurance company issuing that policy  1,228        

or any other company.                                              1,229        

      (I)  Making, issuing, circulating, or causing or permitting  1,231        

to be made, issued or circulated, or preparing with intent to so   1,232        

issue, any statement to the effect that payments to a              1,233        

policyholder of the principal amounts of a pure endowment are      1,234        

other than payments of a specific benefit for which specific       1,235        

premiums have been paid.                                           1,236        

                                                          27     

                                                                 
      (J)  Making, issuing, circulating, or causing or permitting  1,238        

to be made, issued, or circulated, or preparing with intent to so  1,239        

use, any statement to the effect that any insurance company was    1,240        

required to change a policy form or related material to comply     1,241        

with Title XXXIX of the Revised Code or any regulation of the      1,242        

superintendent of insurance, for the purpose of inducing or        1,243        

intending to induce any policyholder or prospective policyholder   1,244        

to purchase, amend, lapse, forfeit, change, or surrender           1,245        

insurance.                                                         1,246        

      (K)  Aiding or abetting another to violate this section.     1,248        

      (L)  Refusing to issue any policy of insurance, or           1,250        

canceling or declining to renew such policy because of the sex or  1,251        

marital status of the applicant, prospective insured, insured, or  1,252        

policyholder.                                                      1,253        

      (M)  Making or permitting any unfair discrimination between  1,255        

individuals of the same class and of essentially the same hazard   1,256        

in the amount of premium, policy fees, or rates charged for any    1,257        

policy or contract of insurance, other than life insurance, or in  1,258        

the benefits payable thereunder, or in underwriting standards and  1,259        

practices or eligibility requirements, or in any of the terms or   1,260        

conditions of such contract, or in any other manner whatever.      1,261        

      (N)  Refusing to make available disability income insurance  1,263        

solely because the applicant's principal occupation is that of     1,264        

managing a household.                                              1,265        

      (O)  Refusing, when offering maternity benefits under any    1,267        

individual or group sickness and accident insurance policy, to     1,268        

make maternity benefits available to the policyholder for the      1,269        

individual or individuals to be covered under any comparable       1,270        

policy to be issued for delivery in this state, including family   1,271        

members if the policy otherwise provides coverage for family       1,272        

members.  Nothing in this division shall be construed to prohibit  1,273        

an insurer from imposing a reasonable waiting period for such      1,274        

benefits UNDER AN INDIVIDUAL SICKNESS AND ACCIDENT INSURANCE       1,275        

POLICY, but in no event shall such waiting period exceed two       1,276        

                                                          28     

                                                                 
hundred seventy days.                                              1,277        

      (P)  Using, or permitting to be used, a pattern settlement   1,279        

as the basis of any offer of settlement.  As used in this          1,280        

division, "pattern settlement" means a method by which liability   1,281        

is routinely imputed to a claimant without an investigation of     1,282        

the particular occurrence upon which the claim is based and by     1,283        

using a predetermined formula for the assignment of liability      1,284        

arising out of occurrences of a similar nature.  Nothing in this   1,285        

division shall be construed to prohibit an insurer from            1,286        

determining a claimant's liability by applying formulas or         1,287        

guidelines to the facts and circumstances disclosed by the         1,288        

insurer's investigation of the particular occurrence upon which a  1,289        

claim is based.                                                    1,290        

      (Q)  Refusing to insure, or refusing to continue to insure,  1,292        

or limiting the amount, extent, or kind of life or sickness and    1,293        

accident insurance or annuity coverage available to an             1,294        

individual, or charging an individual a different rate for the     1,295        

same coverage solely because of blindness or partial blindness.    1,296        

With respect to all other conditions, including the underlying     1,297        

cause of blindness or partial blindness, persons who are blind or  1,298        

partially blind shall be subject to the same standards of sound    1,299        

actuarial principles or actual or reasonably anticipated           1,300        

actuarial experience as are sighted persons.  Refusal to insure    1,301        

includes, but is not limited to, denial by an insurer of           1,302        

disability insurance coverage on the grounds that the policy       1,303        

defines "disability" as being presumed in the event that the       1,304        

eyesight of the insured is lost.  However, an insurer may exclude  1,305        

from coverage disabilities consisting solely of blindness or       1,306        

partial blindness when such conditions existed at the time the     1,307        

policy was issued.  To the extent that the provisions of this      1,308        

division may appear to conflict with any provision of section      1,309        

3999.16 of the Revised Code, this division applies.                1,310        

      (R)(1)  Directly or indirectly offering to sell, selling,    1,312        

or delivering, issuing for delivery, renewing, or using or         1,313        

                                                          29     

                                                                 
otherwise marketing any policy of insurance or insurance product   1,314        

in connection with or in any way related to the grant of a         1,315        

student loan guaranteed in whole or in part by an agency or        1,316        

commission of this state or the United States, except insurance    1,317        

that is required under federal or state law as a condition for     1,318        

obtaining such a loan and the premium for which is included in     1,319        

the fees and charges applicable to the loan; or, in the case of    1,320        

an insurer or insurance agent, knowingly permitting any lender     1,321        

making such loans to engage in such acts or practices in           1,322        

connection with the insurer's or agent's insurance business.       1,323        

      (2)  Except in the case of a violation of division (G) of    1,325        

this section, division (R)(1) of this section does not apply to    1,326        

either of the following:                                           1,327        

      (a)  Acts or practices of an insurer, its agents,            1,329        

representatives, or employees in connection with the grant of a    1,330        

guaranteed student loan to its insured or the insured's spouse or  1,331        

dependent children where such acts or practices take place more    1,332        

than ninety days after the effective date of the insurance;        1,333        

      (b)  Acts or practices of an insurer, its agents,            1,335        

representatives, or employees in connection with the               1,336        

solicitation, processing, or issuance of an insurance policy or    1,337        

product covering the student loan borrower or his THE BORROWER'S   1,338        

spouse or dependent children, where such acts or practices take    1,339        

place more than one hundred eighty days after the date on which    1,340        

the borrower is notified that the student loan was approved.       1,341        

      (S)  Denying coverage, under any health insurance or health  1,343        

care policy, contract, or plan providing family coverage, to any   1,344        

natural or adopted child of the named insured or subscriber        1,345        

solely on the basis that the child does not reside in the          1,346        

household of the named insured or subscriber.                      1,347        

      (T)(1)  Using any underwriting standard or engaging in any   1,349        

other act or practice that, directly or indirectly, due solely to  1,350        

the actual or expected ANY health condition of STATUS-RELATED      1,352        

FACTOR IN RELATION TO one or more individuals, does either of the  1,353        

                                                          30     

                                                                 
following:                                                                      

      (a)  Terminates or fails to renew an existing individual     1,355        

policy, contract, or plan of health benefits, or a health benefit  1,356        

plan issued to a small AN employer as those terms are defined in   1,357        

section 3924.01 of the Revised Code, for which an individual       1,358        

would otherwise be eligible;                                                    

      (b)  With respect to a health benefit plan issued to a       1,360        

small AN employer, as those terms are defined in section 3924.01   1,361        

of the Revised Code, excludes or causes the exclusion of an        1,363        

individual from coverage under an existing employer-provided       1,364        

policy, contract, or plan of health benefits, except that an       1,365        

insurer may exclude, on the basis of health status, a late         1,366        

enrollee as defined in section 3924.01 of the Revised Code.        1,367        

      (2)  The superintendent of insurance may adopt rules in      1,369        

accordance with Chapter 119. of the Revised Code for purposes of   1,370        

implementing division (T)(1) of this section.                      1,371        

      (3)  FOR PURPOSES OF DIVISION (T)(1) OF THIS SECTION,        1,375        

"HEALTH STATUS-RELATED FACTOR" MEANS ANY OF THE FOLLOWING:         1,376        

      (a)  HEALTH STATUS;                                          1,378        

      (b)  MEDICAL CONDITION, INCLUDING BOTH PHYSICAL AND MENTAL   1,381        

ILLNESSES;                                                                      

      (c)  CLAIMS EXPERIENCE;                                      1,383        

      (d)  RECEIPT OF HEALTH CARE;                                 1,385        

      (e)  MEDICAL HISTORY;                                        1,387        

      (f)  GENETIC INFORMATION;                                    1,389        

      (g)  EVIDENCE OF INSURABILITY, INCLUDING CONDITIONS ARISING  1,392        

OUT OF ACTS OF DOMESTIC VIOLENCE;                                               

      (h)  DISABILITY.                                             1,394        

      (U)  With respect to a health benefit plan issued to a       1,396        

small employer, as those terms are defined in section 3924.01 of   1,397        

the Revised Code, negligently or willfully placing coverage for    1,398        

adverse risks with a certain carrier, as defined in section        1,399        

3924.01 of the Revised Code.                                                    

      (V)  Using any program, scheme, device, or other unfair act  1,401        

                                                          31     

                                                                 
or practice that, directly or indirectly, causes or results in     1,402        

the placing of coverage for adverse risks with another carrier,    1,403        

as defined in section 3924.01 of the Revised Code.                 1,404        

      (W)  Failing to comply with section 3923.23, 3923.231,       1,406        

3923.232, 3923.233, or 3923.234 of the Revised Code by engaging    1,407        

in any unfair, discriminatory reimbursement practice.              1,408        

      (X)  Intentionally establishing an unfair premium for, or    1,410        

misrepresenting the cost of, any insurance policy financed under   1,411        

a premium finance agreement of an insurance premium finance        1,412        

company.                                                           1,413        

      With respect to private passenger automobile insurance, no   1,415        

insurer shall charge different premium rates to persons residing   1,416        

within the limits of any municipal corporation based solely on     1,417        

the location of the residence of the insured within those limits.  1,418        

      The enumeration in sections 3901.19 to 3901.26 of the        1,420        

Revised Code of specific unfair or deceptive acts or practices in  1,421        

the business of insurance is not exclusive or restrictive or       1,422        

intended to limit the powers of the superintendent of insurance    1,423        

to adopt rules to implement this section, or to take action under  1,424        

other sections of the Revised Code.                                1,425        

      This section does not prohibit the sale of shares of any     1,427        

investment company registered under the "Investment Company Act    1,428        

of 1940," 54 Stat. 789, 15 U.S.C.A. 80a-1, as amended, or any      1,429        

policies, annuities, or other contracts described in section       1,430        

3907.15 of the Revised Code.                                       1,431        

      As used in this section, "estimate," "statement,"            1,433        

"representation," "misrepresentation," "advertisement," or         1,434        

"announcement" includes oral or written occurrences.               1,435        

      Sec. 3901.49.  (A)  As used in this section:                 1,446        

      (1)  "Genetic screening or testing" means a laboratory test  1,448        

of a person's genes or chromosomes for abnormalities, defects, or  1,449        

deficiencies, including carrier status, that are linked to         1,450        

physical or mental disorders or impairments, or that indicate a    1,451        

susceptibility to illness, disease, or other disorders, whether    1,452        

                                                          32     

                                                                 
physical or mental, which test is a direct test for                1,453        

abnormalities, defects, or deficiencies, and not an indirect       1,454        

manifestation of genetic disorders.                                1,455        

      (2)  "Insurer" means any person authorized under Title       1,457        

XXXIX of the Revised Code to engage in the business of sickness    1,458        

and accident insurance.                                            1,459        

      (3)  "Sickness and accident insurance" means sickness and    1,461        

accident insurance under Chapter 3923. of the Revised Code         1,462        

excluding disability income insurance and excluding supplemental   1,463        

policies of sickness and accident insurance.                       1,464        

      (B)  No insurer, in processing an application for an         1,466        

individual or group policy of sickness and accident insurance or   1,467        

in determining insurability under such a policy, shall do any of   1,468        

the following:                                                     1,469        

      (1)  Require an individual seeking coverage to submit to     1,471        

genetic screening or testing;                                      1,472        

      (2)  Take into consideration, other than in accordance with  1,474        

division (F) of this section, the results of genetic screening or  1,475        

testing;                                                           1,476        

      (3)  Make any inquiry to determine the results of genetic    1,478        

screening or testing;                                              1,479        

      (4)  Make a decision adverse to the applicant based on       1,481        

entries in medical records or other reports of genetic screening   1,482        

or testing.                                                        1,483        

      (C)  In developing and asking questions regarding medical    1,485        

histories of applicants for sickness and accident insurance, no    1,486        

insurer shall ask for the results of genetic screening or testing  1,487        

or ask questions designed to ascertain the results of genetic      1,488        

screening or testing.                                              1,489        

      (D)  No insurer shall cancel or refuse to issue or renew     1,491        

coverage under a sickness and accident insurance policy based on   1,492        

the results of genetic screening or testing.                       1,493        

      (E)  No insurer shall deliver, issue for delivery, or renew  1,495        

an individual or group policy of sickness and accident insurance   1,496        

                                                          33     

                                                                 
in this state that limits benefits based on the results of         1,497        

genetic screening or testing.                                      1,498        

      (F)  An insurer may consider the results of genetic          1,500        

screening or testing if the results are voluntarily submitted by   1,501        

an applicant for coverage or renewal of coverage and the results   1,502        

are favorable to the applicant.                                    1,503        

      (G)  A violation of this section is an unfair and deceptive  1,505        

act or practice in the business of insurance under sections        1,506        

3901.19 to 3901.26 of the Revised Code.                            1,507        

      Sec. 3901.491.  (A)  As used in this section:                1,516        

      (1)  "Genetic screening or testing" means a laboratory test  1,518        

of a person's genes or chromosomes for abnormalities, defects, or  1,519        

deficiencies, including carrier status, that are linked to         1,520        

physical or mental disorders or impairments, or that indicate a    1,521        

susceptibility to illness, disease, or other disorders, whether    1,522        

physical or mental, which test is a direct test for                1,523        

abnormalities, defects, or deficiencies, and not an indirect       1,524        

manifestation of genetic disorders.                                1,525        

      (2)  "Insurer" means any person authorized under Title       1,527        

XXXIX of the Revised Code to engage in the business of sickness    1,528        

and accident insurance.                                            1,529        

      (3)  "Sickness and accident insurance" means sickness and    1,531        

accident insurance under Chapter 3923. of the Revised Code         1,532        

excluding disability income insurance and excluding supplemental   1,533        

policies of sickness and accident insurance.                       1,534        

      (B)  Upon the repeal of section 3901.49 of the Revised Code  1,536        

by Sub. H.B. No. 71 of the 120th general assembly, no insurer      1,537        

shall do either of the following:                                  1,538        

      (1)  Consider, in a manner adverse to an applicant or        1,540        

insured, any information obtained from genetic screening or        1,541        

testing conducted prior to the repeal of section 3901.49 of the    1,542        

Revised Code in processing an application for an individual or     1,543        

group policy of sickness and accident insurance, or in             1,544        

determining insurability under such a policy;                      1,545        

                                                          34     

                                                                 
      (2)  Inquire, directly or indirectly, into the results of    1,547        

genetic screening or testing conducted prior to the repeal of      1,548        

section 3901.49 of the Revised Code, or use such information, in   1,549        

whole or in part, to cancel, refuse to issue or renew, or limit    1,550        

benefits under, a sickness and accident insurance policy.          1,551        

      (C)  Any insurer that has engaged in, is engaged in, or is   1,553        

about to engage in a violation of division (B) of this section is  1,554        

subject to the jurisdiction of the superintendent of insurance     1,555        

under section 3901.04 of the Revised Code.                         1,556        

      Sec. 3901.50.  (A)  As used in this section:                 1,567        

      (1)  "Genetic screening or testing" means a laboratory test  1,569        

of a person's genes or chromosomes for abnormalities, defects, or  1,570        

deficiencies, including carrier status, that are linked to         1,571        

physical or mental disorders or impairments, or that indicate a    1,572        

susceptibility to illness, disease, or other disorders, whether    1,573        

physical or mental, which test is a direct test for                1,574        

abnormalities, defects, or deficiencies, and not an indirect       1,575        

manifestation of genetic disorders.                                1,576        

      (2)  "Self-insurer" means any government entity providing    1,578        

coverage for health care services on a self-insurance basis.       1,579        

      (B)  No self-insurer, in processing an application for       1,581        

coverage under a plan of self-insurance or in determining          1,582        

insurability under such a plan, shall do any of the following:     1,583        

      (1)  Require an individual seeking coverage to submit to     1,585        

genetic screening or testing;                                      1,586        

      (2)  Take into consideration, other than in accordance with  1,588        

division (F) of this section, the results of genetic screening or  1,589        

testing;                                                           1,590        

      (3)  Make any inquiry to determine the results of genetic    1,592        

screening or testing;                                              1,593        

      (4)  Make a decision adverse to the applicant based on       1,595        

entries in medical records or other reports of genetic screening   1,596        

or testing.                                                        1,597        

      (C)  In developing and asking questions regarding medical    1,599        

                                                          35     

                                                                 
histories of applicants for coverage under a plan of               1,600        

self-insurance, no self-insurer shall ask for the results of       1,601        

genetic screening or testing or ask questions designed to          1,602        

ascertain the results of genetic screening or testing.             1,603        

      (D)  No self-insurer shall cancel or refuse to provide or    1,605        

renew coverage for health care services based on the results of    1,606        

genetic screening or testing.                                      1,607        

      (E)  No self-insurer shall establish or modify a plan of     1,609        

self-insurance in this state that limits benefits based on the     1,610        

results of genetic screening or testing.                           1,611        

      (F)  A self-insurer may consider the results of genetic      1,613        

screening or testing if the results are voluntarily submitted by   1,614        

an applicant for coverage or renewal of coverage and the results   1,615        

are favorable to the applicant.                                    1,616        

      (G)  A violation of this section is an unfair and deceptive  1,618        

act or practice in the business of insurance under sections        1,619        

3901.19 to 3901.26 of the Revised Code.                            1,620        

      Sec. 3901.501.  (A)  As used in this section:                1,629        

      (1)  "Genetic screening or testing" means a laboratory test  1,631        

of a person's genes or chromosomes for abnormalities, defects, or  1,632        

deficiencies, including carrier status, that are linked to         1,633        

physical or mental disorders or impairments, or that indicate a    1,634        

susceptibility to illness, disease, or other disorders, whether    1,635        

physical or mental, which test is a direct test for                1,636        

abnormalities, defects, or deficiencies, and not an indirect       1,637        

manifestation of genetic disorders.                                1,638        

      (2)  "Self-insurer" means any government entity providing    1,640        

coverage for health care services on a self-insurance basis.       1,641        

      (B)  Upon the repeal of section 3901.50 of the Revised Code  1,643        

by Sub. H.B. No. 71 of the 120th general assembly, no              1,644        

self-insurer shall do either of the following:                     1,645        

      (1)  Consider, in a manner adverse to an applicant or        1,647        

insured, any information obtained from genetic screening or        1,648        

testing conducted prior to the repeal of section 3901.50 of the    1,649        

                                                          36     

                                                                 
Revised Code in processing an application for coverage under a     1,650        

plan of self-insurance or in determining insurability under such   1,651        

a plan;                                                            1,652        

      (2)  Inquire, directly or indirectly, into the results of    1,654        

genetic screening or testing conducted prior to the repeal of      1,655        

section 3901.50 of the Revised Code, or use such information, in   1,656        

whole or in part, to cancel, refuse to provide or renew, or limit  1,657        

benefits under, a plan of self-insurance.                          1,658        

      (C)  Any self-insurer that has engaged in, is engaged in,    1,660        

or is about to engage in a violation of division (B) of this       1,661        

section is subject to the jurisdiction of the superintendent of    1,662        

insurance under section 3901.04 of the Revised Code.               1,663        

      Sec. 3923.021.  (A)  As used in this section, "benefits      1,672        

provided are not unreasonable in relation to the premium charged"  1,673        

means the rates were calculated in accordance with sound           1,674        

actuarial principles.                                              1,675        

      (B)  With respect to any filing, made pursuant to section    1,677        

3923.02 of the Revised Code, of any premium rates for any          1,678        

individual policy of sickness and accident insurance or for any    1,679        

indorsement or rider pertaining thereto, the superintendent of     1,680        

insurance may, within thirty days after filing:                    1,681        

      (1)  Disapprove such filing if he finds AFTER FINDING that   1,683        

the benefits provided are unreasonable in relation to the premium  1,685        

charged. Such disapproval shall be effected by written order of    1,686        

the superintendent, a copy of which shall be mailed to the         1,687        

insurer that has made the filing.  In the order, the               1,688        

superintendent shall specify the reasons for his THE disapproval   1,689        

and state that a hearing will be held within fifteen days after    1,691        

requested in writing by the insurer.  If a hearing is so           1,692        

requested, the superintendent shall also give such public notice   1,693        

as he THE SUPERINTENDENT considers appropriate. The                1,695        

superintendent, within fifteen days after the commencement of any  1,696        

hearing, shall issue a written order, a copy of which shall be     1,697        

mailed to the insurer that has made the filing, either affirming   1,698        

                                                          37     

                                                                 
his THE prior disapproval or approving such filing if he finds     1,700        

AFTER FINDING that the benefits provided are not unreasonable in   1,701        

relation to the premium charged.                                   1,702        

      (2)  Set a date for a public hearing to commence no later    1,704        

than forty days after the filing.  The superintendent shall give   1,705        

the insurer making the filing twenty days' written notice of the   1,706        

hearing and shall give such public notice as he THE                1,707        

SUPERINTENDENT considers appropriate.  The superintendent, within  1,709        

twenty days after the commencement of a hearing, shall issue a     1,710        

written order, a copy of which shall be mailed to the insurer      1,711        

that has made the filing, either approving such filing if he THE   1,712        

SUPERINTENDENT finds that the benefits provided are not            1,714        

unreasonable in relation to the premium charged, or disapproving   1,715        

such filing if he THE SUPERINTENDENT finds that the benefits       1,716        

provided are unreasonable in relation to the premium charged.      1,717        

This division does not apply to any insurer organized or           1,718        

transacting the business of insurance under Chapter 3907. or       1,719        

3909. of the Revised Code.                                         1,720        

      (3)  Take no action, in which case such filing shall be      1,722        

deemed to be approved and shall become effective upon the          1,723        

thirty-first day after such filing, unless the superintendent has  1,724        

previously given to the insurer his A written approval.            1,725        

      (C)  At any time after any filing has been approved          1,727        

pursuant to this section, the superintendent may, after a hearing  1,728        

of which at least twenty days' written notice has been given to    1,729        

the insurer that has made such filing and for which such public    1,730        

notice as he THE SUPERINTENDENT considers appropriate has been     1,731        

given, withdraw approval of such filing if he finds AFTER FINDING  1,733        

that the benefits provided are unreasonable in relation to the     1,735        

premium charged.  Such withdrawal of approval shall be effected    1,736        

by written order of the superintendent, a copy of which shall be   1,737        

mailed to the insurer that has made the filing, which shall state  1,738        

the ground for such withdrawal and the date, not less than forty   1,739        

days after the date of such order, when the withdrawal or          1,740        

                                                          38     

                                                                 
approval shall become effective.                                   1,741        

      (D)  The superintendent may retain at the insurer's expense  1,743        

such attorneys, actuaries, accountants, and other experts not      1,744        

otherwise a part of the superintendent's staff as shall be         1,745        

reasonably necessary to assist in the preparation for and conduct  1,746        

of any public hearing under this section.  The expense for         1,747        

retaining such experts and the expenses of the department of       1,748        

insurance incurred in connection with such public hearing shall    1,749        

be assessed against the insurer in an amount not to exceed one     1,750        

one-hundredth of one per cent of the sum of premiums earned plus   1,751        

net realized investment gain or loss of such insurer as reflected  1,752        

in the most current annual statement on file with the              1,753        

superintendent.  Any person retained shall be under the direction  1,754        

and control of the superintendent and shall act in a purely        1,755        

advisory capacity.                                                 1,756        

      (E)  This section does not apply to any filing of any        1,758        

premium rate or rating formula for individual sickness and         1,759        

accident insurance policies offered in accordance with division    1,760        

(M)(L) of section 3923.58 of the Revised Code, or for any          1,761        

amendment thereto.                                                 1,762        

      Sec. 3923.122.  (A)  Every policy of group sickness and      1,772        

accident insurance providing hospital, surgical, or medical        1,773        

expense coverage for other than specific diseases or accidents     1,774        

only, and delivered, issued for delivery, or renewed in this       1,775        

state on or after January 1, 1976, shall include a provision       1,776        

giving each insured the option to convert to THE FOLLOWING:        1,777        

      (1)  IN THE CASE OF AN INDIVIDUAL WHO IS NOT A FEDERALLY     1,780        

ELIGIBLE INDIVIDUAL, any of the individual policies of hospital,   1,781        

surgical, or medical expense insurance then being issued by the    1,782        

insurer with benefit limits not to exceed those in effect under    1,783        

the group policy;                                                               

      (2)  IN THE CASE OF A FEDERALLY ELIGIBLE INDIVIDUAL, A       1,785        

BASIC OR STANDARD PLAN ESTABLISHED BY THE BOARD OF DIRECTORS OF    1,786        

THE OHIO HEALTH REINSURANCE PROGRAM OR PLANS SUBSTANTIALLY         1,787        

                                                          39     

                                                                 
SIMILAR TO THE BASIC AND STANDARD PLAN IN BENEFIT DESIGN AND       1,788        

SCOPE OF COVERED SERVICES.  FOR PURPOSES OF DIVISION (A)(2) OF     1,789        

THIS SECTION, THE SUPERINTENDENT OF INSURANCE SHALL DETERMINE      1,790        

WHETHER A PLAN IS SUBSTANTIALLY SIMILAR TO THE BASIC OR STANDARD   1,791        

PLAN IN BENEFIT DESIGN AND SCOPE OF COVERED SERVICES.              1,792        

      (B)  An option for conversion to an individual policy shall  1,794        

be available without evidence of insurability to every insured,    1,795        

including any person eligible under division (D) of this section,  1,796        

who terminates his employment or membership in the group holding   1,797        

the policy after having been continuously insured thereunder for   1,798        

at least one year.                                                 1,799        

      Upon receipt of the insured's written application and upon   1,801        

payment of at least the first quarterly premium not later than     1,802        

thirty-one days after the termination of coverage under the group  1,803        

policy, the insurer shall issue a converted policy on a form then  1,804        

available for conversion.  The premium shall be in accordance      1,805        

with the insurer's table of premium rates in effect on the later   1,806        

of the following dates:                                            1,807        

      (1)  The effective date of the converted policy;             1,809        

      (2)  The date of application therefor; and shall be          1,811        

applicable to the class of risk to which each person covered       1,813        

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

PERSON'S then attained age.  HOWEVER, PREMIUMS CHARGED FEDERALLY   1,815        

ELIGIBLE INDIVIDUALS MAY NOT EXCEED AN AMOUNT THAT IS TWO TIMES    1,817        

THE MIDPOINT OF THE STANDARD RATE CHARGED ANY OTHER INDIVIDUAL OF  1,818        

A GROUP TO WHICH THE INSURER IS CURRENTLY ACCEPTING NEW BUSINESS   1,819        

AND FOR WHICH SIMILAR COPAYMENTS AND DEDUCTIBLES ARE APPLIED.      1,820        

      At the election of the insurer, a separate converted policy  1,822        

may be issued to cover any dependent of an employee or member of   1,823        

the group.                                                         1,824        

      Except as provided in division (H) of this section, any      1,826        

converted policy shall become effective as of the day following    1,827        

the date of termination of insurance under the group policy.       1,828        

      Any probationary or waiting period set forth in the          1,830        

                                                          40     

                                                                 
converted policy is deemed to commence on the effective date of    1,831        

the insured's coverage under the group policy.                     1,832        

      (C)  No insurer shall be required to issue a converted       1,834        

policy to any person who is, or is eligible to be, covered for     1,835        

benefits at least comparable to the group policy under:            1,836        

      (1)  Title XVIII of the Social Security Act, as amended or   1,838        

superseded;                                                        1,839        

      (2)  Any act of congress or law under this or any other      1,841        

state of the United States that duplicates coverage offered under  1,842        

division (C)(1) of this section;                                   1,843        

      (3)  Any policy that duplicates coverage offered under       1,845        

division (C)(1) of this section;                                   1,846        

      (4)  Any other group sickness and accident insurance         1,848        

providing hospital, surgical, or medical expense coverage for      1,849        

other than specific diseases or accidents only.                    1,850        

      (D)  The option for conversion shall be available:           1,852        

      (1)  Upon the death of the employee or member, to the        1,854        

surviving spouse with respect to such of the spouse and            1,855        

dependents as are then covered by the group policy;                1,856        

      (2)  To a child solely with respect to himself THE CHILD     1,858        

upon his attaining the limiting age of coverage under the group    1,860        

policy while covered as a dependent thereunder;                    1,861        

      (3)  Upon the divorce, dissolution, or annulment of the      1,863        

marriage of the employee or member, to the divorced spouse, or     1,864        

former spouse in the event of annulment, of such employee or       1,865        

member, or upon the legal separation of the spouse from such       1,866        

employee or member, to the spouse.                                 1,867        

      Persons possessing the option for conversion pursuant to     1,869        

this division shall be considered members for the purposes of      1,870        

division (H) of this section.                                      1,871        

      (E)  If coverage is continued under a group policy on an     1,873        

employee following his retirement prior to the time he THE         1,874        

EMPLOYEE is, or is eligible to be, covered by Title XVIII of the   1,876        

Social Security Act, he THE EMPLOYEE may elect, in lieu of the     1,877        

                                                          41     

                                                                 
continuance of group insurance, to have the same conversion        1,879        

rights as would apply had his THE EMPLOYEE'S insurance terminated  1,881        

at retirement by reason of termination of employment.              1,882        

      (F)  If the insurer and the group policyholder agree upon    1,884        

one or more additional plans of benefits to be available for       1,885        

converted policies, the applicant for the converted policy may     1,886        

elect such a plan in lieu of a converted policy.                   1,887        

      (G)  The converted policy may contain provisions for         1,889        

avoiding duplication of benefits provided pursuant to divisions    1,890        

(C)(1), (2), (3), and (4) of this section or provided under any    1,891        

other insured or noninsured plan or program.                       1,892        

      (H)  If an employee or member becomes entitled to obtain a   1,894        

converted policy pursuant to this section, and if the employee or  1,895        

member has not received notice of the conversion privilege at      1,896        

least fifteen days prior to the expiration of the thirty-one-day   1,897        

conversion period provided in division (B) of this section, then   1,898        

the employee or member has an additional period within which to    1,899        

exercise the privilege.  This additional period shall expire       1,900        

fifteen days after the employee or member receives notice, but in  1,901        

no event shall the period extend beyond sixty days after the       1,902        

expiration of the thirty-one-day conversion period.                1,903        

      Written notice presented to the employee or member, or       1,905        

mailed by the policyholder to the last known address of the        1,906        

employee or member as indicated on its records, constitutes        1,907        

notice for the purpose of this division.  In the case of a person  1,908        

who is eligible for a converted policy under division (D) (2) or   1,909        

(D)(3) of this section, a policyholder shall not be responsible    1,910        

for presenting or mailing such notice, unless such policyholder    1,911        

has actual knowledge of the person's eligibility for a converted   1,912        

policy.                                                            1,913        

      If an additional period is allowed by an employee or member  1,915        

for the exercise of a conversion privilege, and if written         1,916        

application for the converted policy, accompanied by at least the  1,917        

first quarterly premium, is made after the expiration of the       1,918        

                                                          42     

                                                                 
thirty-one-day conversion period, but within the additional        1,919        

period allowed an employee or member in accordance with this       1,920        

division, the effective date of the converted policy shall be the  1,921        

date of application.                                               1,922        

      (I)  The converted policy may provide:                       1,924        

      (1)  That any hospital, surgical, or medical expense         1,926        

benefits otherwise payable with respect to any person may be       1,927        

reduced by the amount of any such benefits payable under the       1,928        

group policy for the same loss after termination of coverage;      1,929        

      (2)  For termination of coverage on any person who is, or    1,931        

is eligible to be, covered pursuant to division (C) of this        1,932        

section;                                                           1,933        

      (3)  That the insurer may request information in advance of  1,935        

any premium due date of the policy as to whether the insured is,   1,936        

or is eligible to be, covered pursuant to division (C) of this     1,937        

section.  If the insured is, or is eligible to be, covered, and    1,938        

he THE INSURED fails to furnish the details of his THE INSURED'S   1,940        

coverage or eligibility to the insurer within thirty-one days      1,941        

after the date of the request, the benefits payable under the      1,942        

converted policy may be based on the hospital, surgical, or        1,943        

medical expenses actually incurred after excluding expenses to     1,944        

the extent of the amount of benefits for which the insured is, or  1,945        

is eligible to be, covered pursuant to division (C) of this        1,946        

section.                                                                        

      (J)  The converted policy may contain:                       1,948        

      (1)  Any exclusion, reduction, or limitation contained in    1,950        

the group policy or customarily used in individual policies        1,951        

issued by the insurer;                                             1,952        

      (2)  Any provision permitted in this section;                1,954        

      (3)  Any other provision not prohibited by law.              1,956        

      Any provision required or permitted in this section may be   1,958        

made a part of any converted policy by means of an endorsement or  1,959        

rider.                                                             1,960        

      (K)  The time limit specified in a converted policy for      1,962        

                                                          43     

                                                                 
certain defenses with respect to any person who was covered by a   1,963        

group policy shall commence on the effective date of such          1,964        

person's coverage under the group policy.                          1,965        

      (L)  No insurer shall use deterioration of health as the     1,967        

basis for refusing to renew a converted policy.                    1,968        

      (M)  No insurer shall use age as the basis for refusing to   1,970        

renew a converted policy.                                          1,971        

      (N)  A converted policy made available pursuant to this      1,973        

section shall, if delivery of the policy is to be made in this     1,974        

state, comply with this section.  If delivery of a converted       1,975        

policy is to be made in another state, it may be on a form         1,976        

offered by the insurer in the jurisdiction where the delivery is   1,977        

to be made and which provides benefits substantially in            1,978        

compliance with those required in a policy delivered in this       1,979        

state.                                                             1,980        

      (O)  AS USED IN THIS SECTION, "FEDERALLY ELIGIBLE            1,983        

INDIVIDUAL" MEANS AN ELIGIBLE INDIVIDUAL AS DEFINED IN 45 C.F.R.   1,985        

148.103.                                                           1,986        

      Sec. 3923.26.  Every certificate furnished by an insurer in  1,995        

connection with, or pursuant to any provision of, any group        1,996        

POLICY OR CERTIFICATE OF sickness and accident insurance policy    1,997        

DELIVERED, ISSUED FOR DELIVERY, OR RENEWED IN THIS STATE           1,998        

providing coverage on an expense-incurred basis, and every         2,000        

individual POLICY OF sickness and accident insurance policy        2,002        

DELIVERED, ISSUED FOR DELIVERY, OR RENEWED IN THIS STATE which     2,003        

provides coverage on an  expense-incurred basis, either of which   2,004        

provides MAKES coverage AVAILABLE for family members of the        2,007        

insured, shall, as to such family members' coverage, also provide  2,008        

that any sickness and accident insurance benefits applicable for   2,009        

children shall be payable with respect to a newly born child of    2,010        

the insured from the moment of birth.                                           

      The coverage for newly born children shall consist of        2,012        

coverage of injury or sickness, including the necessary care and   2,013        

treatment of medically diagnosed congenital defects and birth      2,014        

                                                          44     

                                                                 
abnormalities.                                                     2,015        

      If payment of a specific premium is required to provide      2,017        

coverage for an additional child, the certificate or policy may    2,018        

require that notification of birth of a newly born child and       2,019        

payment of the required premium must be furnished to the insurer   2,020        

within thirty-one days after the date of birth in order to have    2,021        

the coverage continue beyond such period.                          2,022        

      The requirements of this section apply to all such           2,024        

individual or group sickness and accident insurance policies       2,025        

delivered or issued for delivery in this state on or after         2,026        

January 1, 1975, and all such individual or group sickness and     2,027        

accident insurance policies renewed in this state on or after      2,028        

January 1, 1978.                                                   2,029        

      Sec. 3923.40.  No individual or group policy of sickness     2,038        

and accident insurance providing THAT MAKES family coverage        2,039        

AVAILABLE may be delivered, issued for delivery, or renewed in     2,041        

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

adopted children of the insured on the same basis as other         2,042        

dependents.                                                                     

      The coverage required by this section is subject to the      2,044        

requirements and restrictions set forth in section 3924.51 of the  2,045        

Revised Code.                                                      2,046        

      Sec. 3923.57.  Notwithstanding any provision of this         2,055        

chapter, every individual policy of sickness and accident          2,056        

insurance that is delivered, issued for delivery, or renewed in    2,057        

this state is subject to the following conditions, as applicable:  2,058        

      (A)  Pre-existing conditions provisions shall not exclude    2,060        

or limit coverage for a period beyond twelve months following the  2,061        

policyholder's effective date of coverage and may only relate to   2,062        

conditions during the six months immediately preceding the         2,063        

effective date of coverage.                                        2,064        

      (B)  In determining whether a pre-existing conditions        2,066        

provision applies to a policyholder or dependent, each policy      2,067        

shall credit the time the policyholder or dependent was covered    2,068        

                                                          45     

                                                                 
under a previous  policy, contract, or plan if the previous        2,070        

coverage was continuous to a date not more than thirty days prior  2,072        

to the effective date of the new coverage, exclusive of any        2,073        

applicable service waiting period under the policy.                2,074        

      (C)  Any such policy shall be renewable with respect to the  2,076        

policyholder, or dependents of the policyholder, at the option of  2,077        

the policyholder, except for any of the following reasons:         2,078        

      (1)  Nonpayment of the required premiums by the              2,080        

policyholder;                                                      2,081        

      (2)  Fraud or misrepresentation of the policyholder;         2,083        

      (3)  When the insurer ceases to do the business of           2,085        

individual sickness and accident insurance in this state,          2,086        

provided that all of the following conditions are met:             2,087        

      (a)  Notice of the decision to cease doing the business of   2,089        

individual sickness and accident insurance is provided to the      2,090        

department of insurance and the policyholder.                      2,091        

      (b)  An individual policy shall not be canceled by the       2,093        

insurer for ninety days after the date of the notice required      2,095        

under division (C)(3)(a) of this section unless the business has   2,096        

been sold to another insurer.                                      2,097        

      (c)  An insurer that ceases to do the business of            2,099        

individual sickness and accident insurance in this state shall     2,100        

not resume such business in this state for a period of five years  2,101        

from the date of the notice required under division (C)(3)(a) of   2,102        

this section (1)  EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C) OF  2,104        

THIS SECTION, AN INSURER THAT PROVIDES AN INDIVIDUAL SICKNESS AND  2,105        

ACCIDENT INSURANCE POLICY TO AN INDIVIDUAL SHALL RENEW OR          2,106        

CONTINUE IN FORCE SUCH COVERAGE AT THE OPTION OF THE INDIVIDUAL.   2,107        

      (2)  AN INSURER MAY NONRENEW OR DISCONTINUE COVERAGE OF AN   2,110        

INDIVIDUAL IN THE INDIVIDUAL MARKET BASED ONLY ON ONE OR MORE OF   2,111        

THE FOLLOWING REASONS:                                                          

      (a)  THE INDIVIDUAL FAILED TO PAY PREMIUMS OR CONTRIBUTIONS  2,114        

IN ACCORDANCE WITH THE TERMS OF THE POLICY OR THE INSURER HAS NOT  2,115        

RECEIVED TIMELY PREMIUM PAYMENTS.                                               

                                                          46     

                                                                 
      (b)  THE INDIVIDUAL PERFORMED AN ACT OR PRACTICE THAT        2,118        

CONSTITUTES FRAUD OR MADE AN INTENTIONAL MISREPRESENTATION OF      2,119        

MATERIAL FACT UNDER THE TERMS OF THE POLICY.                                    

      (c)  THE INSURER IS CEASING TO OFFER COVERAGE IN THE         2,122        

INDIVIDUAL MARKET IN ACCORDANCE WITH DIVISION (D) OF THIS SECTION  2,123        

AND THE APPLICABLE LAWS OF THIS STATE.                             2,124        

      (d)  IF THE INSURER OFFERS COVERAGE IN THE MARKET THROUGH A  2,127        

NETWORK PLAN, THE INDIVIDUAL NO LONGER RESIDES, LIVES, OR WORKS    2,128        

IN THE SERVICE AREA, OR IN AN AREA FOR WHICH THE INSURER IS        2,129        

AUTHORIZED TO DO BUSINESS; PROVIDED, HOWEVER, THAT SUCH COVERAGE   2,130        

IS TERMINATED UNIFORMLY WITHOUT REGARD TO ANY HEALTH               2,131        

STATUS-RELATED FACTOR OF COVERED INDIVIDUALS.                                   

      (e)  IF THE COVERAGE IS MADE AVAILABLE IN THE INDIVIDUAL     2,134        

MARKET ONLY THROUGH ONE OR MORE BONA FIDE ASSOCIATIONS, THE        2,135        

MEMBERSHIP OF THE INDIVIDUAL IN THE ASSOCIATION, ON THE BASIS OF   2,136        

WHICH THE COVERAGE IS PROVIDED, CEASES; PROVIDED, HOWEVER, THAT    2,137        

SUCH COVERAGE IS TERMINATED UNDER DIVISION (C)(2)(e) OF THIS       2,140        

SECTION UNIFORMLY WITHOUT REGARD TO ANY HEALTH STATUS-RELATED      2,141        

FACTOR OF COVERED INDIVIDUALS.                                                  

      (D)(1)  IF AN INSURER DECIDES TO DISCONTINUE OFFERING A      2,144        

PARTICULAR TYPE OF HEALTH INSURANCE COVERAGE OFFERED IN THE        2,145        

INDIVIDUAL MARKET, COVERAGE OF SUCH TYPE MAY BE DISCONTINUED BY    2,146        

THE INSURER IF THE INSURER DOES ALL OF THE FOLLOWING:              2,147        

      (a)  PROVIDES NOTICE TO EACH INDIVIDUAL PROVIDED COVERAGE    2,150        

OF THIS TYPE IN SUCH MARKET OF THE DISCONTINUATION AT LEAST        2,151        

NINETY DAYS PRIOR TO THE DATE OF THE DISCONTINUATION OF THE        2,152        

COVERAGE;                                                                       

      (b)  OFFERS TO EACH INDIVIDUAL PROVIDED COVERAGE OF THIS     2,155        

TYPE IN SUCH MARKET, THE OPTION TO PURCHASE ANY OTHER INDIVIDUAL   2,156        

HEALTH INSURANCE COVERAGE CURRENTLY BEING OFFERED BY THE INSURER   2,157        

FOR INDIVIDUALS IN THAT MARKET;                                                 

      (c)  IN EXERCISING THE OPTION TO DISCONTINUE COVERAGE OF     2,160        

THIS TYPE AND IN OFFERING THE OPTION OF COVERAGE UNDER DIVISION    2,162        

(D)(1)(b) OF THIS SECTION, ACTS UNIFORMLY WITHOUT REGARD TO ANY    2,163        

                                                          47     

                                                                 
HEALTH STATUS-RELATED FACTOR OF COVERED INDIVIDUALS OR OF          2,164        

INDIVIDUALS WHO MAY BECOME ELIGIBLE FOR SUCH COVERAGE.             2,165        

      (2)  IF AN INSURER ELECTS TO DISCONTINUE OFFERING ALL        2,167        

HEALTH INSURANCE COVERAGE IN THE INDIVIDUAL MARKET IN THIS STATE,  2,169        

HEALTH INSURANCE COVERAGE MAY BE DISCONTINUED BY THE INSURER ONLY  2,170        

IF BOTH OF THE FOLLOWING APPLY:                                                 

      (a)  THE INSURER PROVIDES NOTICE TO THE DEPARTMENT OF        2,173        

INSURANCE AND TO EACH INDIVIDUAL OF THE DISCONTINUATION AT LEAST   2,174        

ONE HUNDRED EIGHTY DAYS PRIOR TO THE DATE OF THE EXPIRATION OF     2,175        

THE COVERAGE.                                                                   

      (b)  ALL HEALTH INSURANCE DELIVERED OR ISSUED FOR DELIVERY   2,178        

IN THIS STATE IN SUCH MARKET IS DISCONTINUED AND COVERAGE UNDER    2,179        

THAT HEALTH INSURANCE IN THAT MARKET IS NOT RENEWED.               2,180        

      (3)  IN THE EVENT OF A DISCONTINUATION UNDER DIVISION        2,183        

(D)(2) OF THIS SECTION IN THE INDIVIDUAL MARKET, THE INSURER       2,184        

SHALL NOT PROVIDE FOR THE ISSUANCE OF ANY HEALTH INSURANCE         2,185        

COVERAGE IN THE MARKET AND THIS STATE DURING THE FIVE-YEAR PERIOD  2,186        

BEGINNING ON THE DATE OF THE DISCONTINUATION OF THE LAST HEALTH    2,187        

INSURANCE COVERAGE NOT SO RENEWED.                                 2,188        

      (E)  Notwithstanding division DIVISIONS (C) AND (D) of this  2,191        

section, both of the following apply:                                           

      (1)  The benefit structure of any such policy may be         2,194        

changed by the insurer to make it consistent with the benefit                   

structure contained in individual policies being marketed to new   2,195        

individual insureds.                                               2,196        

      (2)  Any such policy may be rescinded for fraud, material    2,198        

misrepresentation, or concealment by an applicant, policyholder,   2,199        

or dependent AN INSURER MAY, AT THE TIME OF COVERAGE RENEWAL,      2,201        

MODIFY THE HEALTH INSURANCE COVERAGE FOR A POLICY FORM OFFERED TO  2,202        

INDIVIDUALS IN THE INDIVIDUAL MARKET IF THE MODIFICATION IS        2,203        

CONSISTENT WITH THE LAW OF THIS STATE AND EFFECTIVE ON A UNIFORM   2,204        

BASIS AMONG ALL INDIVIDUALS WITH THAT POLICY FORM.                 2,205        

      (F)  SUCH POLICIES ARE SUBJECT TO SECTIONS 2743 AND 2747 OF  2,208        

THE "HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF        2,212        

                                                          48     

                                                                 
1996," PUB. L. NO. 104-191, 110 STAT. 1955, 42 U.S.C.A. 300gg-43   2,218        

AND 300gg-47, AS AMENDED.                                          2,219        

      (G)  SECTIONS 3924.031 AND 3924.032 OF THE REVISED CODE      2,223        

SHALL APPLY TO SICKNESS AND ACCIDENT INSURANCE POLICIES OFFERED    2,224        

IN THE INDIVIDUAL MARKET IN THE SAME MANNER AS THEY APPLY TO       2,225        

HEALTH BENEFIT PLANS OFFERED IN THE SMALL EMPLOYER MARKET.         2,226        

      IN ACCORDANCE WITH 45 C.F.R. 148.102, DIVISIONS (C) TO (G)   2,231        

OF THIS SECTION ALSO APPLY TO ALL GROUP SICKNESS AND ACCIDENT      2,232        

INSURANCE POLICIES THAT ARE NOT SOLD IN CONNECTION WITH AN         2,233        

EMPLOYMENT-RELATED GROUP HEALTH PLAN AND THAT PROVIDE MORE THAN    2,234        

SHORT-TERM, LIMITED DURATION COVERAGE.                             2,235        

      IN APPLYING DIVISIONS (C) TO (G) OF THIS SECTION WITH        2,239        

RESPECT TO HEALTH INSURANCE COVERAGE THAT IS MADE AVAILABLE BY AN  2,241        

INSURER IN THE INDIVIDUAL MARKET TO INDIVIDUALS ONLY THROUGH ONE   2,242        

OR MORE ASSOCIATIONS, THE TERM "INDIVIDUAL" INCLUDES THE                        

ASSOCIATION OF WHICH THE INDIVIDUAL IS A MEMBER.                   2,243        

      AS USED IN THIS SECTION, "BONA FIDE ASSOCIATION" HAS THE     2,246        

SAME MEANING AS IN SECTION 3924.03 OF THE REVISED CODE, AND        2,247/1      

"HEALTH STATUS-RELATED FACTOR" AND "NETWORK PLAN" HAVE THE SAME    2,249        

MEANINGS AS IN SECTION 3924.031 OF THE REVISED CODE.               2,251        

      This section does not apply to any policy that provides      2,253        

coverage for specific diseases or accidents only, or to any        2,254        

hospital indemnity, medicare supplement, long-term care,           2,255        

disability income, one-time-limited-duration policy of no longer   2,256        

than six months, or other policy that offers only supplemental     2,257        

benefits.                                                          2,258        

      Sec. 3923.571.  EXCEPT AS OTHERWISE PROVIDED IN SECTION      2,260        

2721 OF THE "HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT   2,265        

OF 1996," PUB. L. NO. 104-191, 110 STAT. 1955, 42 U.S.C.A.         2,271        

300gg-21, AS AMENDED, THE FOLLOWING CONDITIONS APPLY TO ALL GROUP  2,272        

POLICIES OF SICKNESS AND ACCIDENT INSURANCE THAT ARE SOLD IN                    

CONNECTION WITH AN EMPLOYMENT-RELATED GROUP HEALTH PLAN AND THAT   2,273        

ARE NOT SUBJECT TO SECTION 3924.03 OF THE REVISED CODE:            2,274        

      (A)  ANY SUCH POLICY SHALL COMPLY WITH THE REQUIREMENTS OF   2,276        

                                                          49     

                                                                 
DIVISION (A) OF SECTION 3924.03 AND SECTION 3924.033 OF THE        2,278        

REVISED CODE.                                                                   

      (B)  EXCEPT AS PROVIDED IN SECTION 2712(b) TO (e) OF THE     2,282        

"HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996," IF  2,286        

AN INSURER OFFERS COVERAGE IN THE SMALL OR LARGE GROUP MARKET IN   2,287        

CONNECTION WITH A GROUP POLICY, THE INSURER SHALL RENEW OR         2,288        

CONTINUE IN FORCE SUCH COVERAGE AT THE OPTION OF THE               2,289        

POLICYHOLDER.                                                                   

      (C)(1)  NO SUCH POLICY, OR INSURER OFFERING HEALTH           2,291        

INSURANCE COVERAGE IN CONNECTION WITH SUCH A POLICY, SHALL         2,293        

REQUIRE ANY INDIVIDUAL, AS A CONDITION OF COVERAGE OR CONTINUED    2,294        

COVERAGE UNDER THE POLICY, TO PAY A PREMIUM OR CONTRIBUTION THAT   2,295        

IS GREATER THAN THE PREMIUM OR CONTRIBUTION FOR A SIMILARLY        2,296        

SITUATED INDIVIDUAL COVERED UNDER THE POLICY ON THE BASIS OF ANY   2,297        

HEALTH STATUS-RELATED FACTOR IN RELATION TO THE INDIVIDUAL OR TO   2,298        

AN INDIVIDUAL COVERED UNDER THE POLICY AS A DEPENDENT OF THE       2,299        

INDIVIDUAL.                                                        2,300        

      (2)  NOTHING IN DIVISION (C)(1) OF THIS SECTION SHALL BE     2,303        

CONSTRUED TO RESTRICT THE AMOUNT THAT AN EMPLOYER MAY BE CHARGED   2,304        

FOR COVERAGE UNDER A GROUP POLICY, OR TO PREVENT A GROUP POLICY,   2,305        

AND AN INSURER OFFERING GROUP HEALTH INSURANCE COVERAGE, FROM      2,306        

ESTABLISHING PREMIUM DISCOUNTS OR REBATES OR MODIFYING OTHERWISE   2,307        

APPLICABLE COPAYMENTS OR DEDUCTIBLES IN RETURN FOR ADHERENCE TO    2,308        

PROGRAMS OF HEALTH PROMOTION AND DISEASE PREVENTION.               2,309        

      (D)  SUCH POLICIES SHALL PROVIDE FOR THE SPECIAL ENROLLMENT  2,312        

PERIODS DESCRIBED IN SECTION 2701(f) OF THE "HEALTH INSURANCE      2,316        

PORTABILITY AND ACCOUNTABILITY ACT OF 1996."                       2,318        

      Sec. 3923.58.  (A)  As used in sections 3923.58 and 3923.59  2,327        

of the Revised Code:                                               2,328        

      (1)  "Case characteristics," "eligible employee," "health    2,330        

HEALTH benefit plan," "late enrollee," AND "MEWA," and             2,332        

"pre-existing conditions provision" have the same meanings as in   2,333        

section 3924.01 of the Revised Code.                               2,334        

      (2)  "Insurer" means any sickness and accident insurance     2,336        

                                                          50     

                                                                 
company authorized to issue health benefit plans DO BUSINESS in    2,337        

this state, or MEWA authorized to issue insured health benefit     2,339        

plans in this state.  "Insurer" does not include any health        2,340        

insuring corporation that is owned or operated by an insurer.      2,342        

      (3)  "Small employer" means any person, firm, corporation,   2,344        

or partnership actively engaged in business whose total employed   2,345        

work force, on at least fifty per cent of its working days during  2,346        

the preceding year, consisted of at least two unrelated eligible   2,347        

employees but no more than twenty-five eligible employees, the     2,348        

majority of whom were employed within this state.  In determining  2,349        

the number of eligible employees, companies that are affiliated    2,350        

companies or that are eligible to file a combined tax return for   2,351        

purposes of state taxation shall be considered one employer.  In   2,352        

determining whether the members of an association are small        2,353        

employers, each member of the association shall be considered as   2,354        

a separate person, firm, corporation, or partnership.              2,355        

      (4)  "Small employer group" means any group consisting of    2,357        

all of the eligible employees of a small employer, except those    2,358        

employees who are covered, or are eligible for coverage, under     2,359        

any other private or public health benefits arrangement,           2,360        

including the medicare program established under Title XVIII of    2,361        

the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,   2,362        

as amended, or any other act of congress or law of this or any     2,363        

other state of the United States that provides benefits            2,364        

comparable to the benefits provided under this section             2,365        

PRE-EXISTING CONDITIONS PROVISION" MEANS A POLICY PROVISION THAT   2,368        

EXCLUDES OR LIMITS COVERAGE FOR CHARGES OR EXPENSES INCURRED       2,369        

DURING A SPECIFIED PERIOD FOLLOWING THE INSURED'S EFFECTIVE DATE   2,370        

OF COVERAGE AS TO A CONDITION WHICH, DURING A SPECIFIED PERIOD     2,371        

IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF COVERAGE, HAD          2,372        

MANIFESTED ITSELF IN SUCH A MANNER AS WOULD CAUSE AN ORDINARILY    2,373        

PRUDENT PERSON TO SEEK MEDICAL ADVICE, DIAGNOSIS, CARE, OR         2,374        

TREATMENT OR FOR WHICH MEDICAL ADVICE, DIAGNOSIS, CARE, OR         2,375        

TREATMENT WAS RECOMMENDED OR RECEIVED, OR A PREGNANCY EXISTING ON  2,376        

                                                          51     

                                                                 
THE EFFECTIVE DATE OF COVERAGE.                                                 

      (B)  Beginning in January of each year, insurers IN THE      2,379        

BUSINESS OF ISSUING INDIVIDUAL POLICIES OF SICKNESS AND ACCIDENT   2,380        

INSURANCE AS CONTEMPLATED BY SECTION 3923.021 OF THE REVISED       2,382        

CODE, EXCEPT INDIVIDUAL POLICIES ISSUED PURSUANT TO SECTION        2,383        

3923.122 OF THE REVISED CODE, shall accept applicants for open     2,387        

enrollment coverage, as set forth in divisions (B)(1) and (2) of   2,388        

this section DIVISION, in the order in which they apply for        2,390        

coverage and subject to the limitation set forth in division (G)   2,391        

of this section:.  INSURERS                                                     

      (1)  Insurers in the business of issuing health benefit      2,393        

plans to small employer groups shall accept small employer groups  2,394        

for which coverage is not otherwise available and for whom         2,395        

coverage had not been terminated by the employer or by an          2,396        

insurer, health maintenance organization, or health insuring       2,398        

corporation during the preceding twelve-month period;                           

      (2)  Insurers in the business of issuing individual          2,400        

policies of sickness and accident insurance as contemplated by     2,401        

section 3923.021 of the Revised Code, except individual policies   2,402        

issued pursuant to section 3923.122 of the Revised Code, shall     2,403        

either accept individuals pursuant to the open enrollment          2,404        

requirements of section 3941.53 of the Revised Code, if subject    2,405        

to that section, or accept for coverage pursuant to this section   2,407        

individuals to whom both of the following conditions apply:        2,408        

      (a)(1)  The individual is not applying for coverage as an    2,410        

employee of an employer, as a member of an association, or as a    2,411        

member of any other group.                                         2,412        

      (b)(2)  The individual is not covered, and is not eligible   2,414        

for coverage, under any other private or public health benefits    2,415        

arrangement, including the medicare program established under      2,416        

Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42  2,417        

U.S.C.A. 301, as amended, or any other act of congress or law of   2,418        

this or any other state of the United States that provides         2,419        

benefits comparable to the benefits provided under this section,   2,420        

                                                          52     

                                                                 
any medicare supplement policy, or any conversion or continuation  2,421        

of coverage policy under state or federal law.                     2,422        

      (C)  An insurer shall offer to any individual or small       2,424        

employer group accepted under this section the small employer      2,426        

health care plan established by the board of directors of the      2,427        

Ohio small employer health reinsurance program under division (A)  2,429        

of section 3924.10 of the Revised Code or a health benefit plan                 

that is substantially similar to the small employer health care    2,430        

plan in benefit plan design and scope of covered services.         2,431        

      An insurer may offer other health benefit plans in addition  2,433        

to, but not in lieu of, the plan required to be offered under      2,434        

this division.  These additional health benefit plans shall        2,435        

provide, at a minimum, the coverage provided by the small          2,436        

employer health care plan or any health benefit plan that is       2,437        

substantially similar to the small employer health care plan in                 

benefit plan design and scope of covered services.                 2,438        

      For purposes of this division, the superintendent of         2,440        

insurance shall determine whether a health benefit plan is         2,441        

substantially similar to the small employer health care plan in    2,442        

benefit plan design and scope of covered services.                 2,443        

      (D)  Health benefit plans issued under this section may      2,445        

establish pre-existing conditions provisions that exclude or       2,446        

limit coverage for a period of up to twelve months following the   2,447        

individual's effective date of coverage and that may relate only   2,448        

to conditions during the six months immediately preceding the      2,449        

effective date of coverage.  However, an insurer may exclude a     2,450        

late enrollee for a period of up to eighteen months following the  2,451        

individual's date of application for coverage.                     2,452        

      (E)  Premiums charged to groups or individuals under this    2,454        

section may not exceed an amount that is two and one-half times    2,455        

the highest rate charged any other group with similar case         2,456        

characteristics or any other individual to which the insurer is    2,457        

currently accepting new business, and for which similar            2,458        

copayments and deductibles are applied.                            2,459        

                                                          53     

                                                                 
      (F)  In offering health benefit plans under this section,    2,461        

an insurer may require the purchase of health benefit plans that   2,462        

condition the reimbursement of health services upon the use of a   2,463        

specific network of providers.                                     2,464        

      (G)(1)  In no event shall an insurer be required to accept   2,466        

annually under this section either individuals or small employer   2,467        

groups that WHO, in the aggregate, would cause the insurer to      2,468        

have a total number of new insureds that is more than one-half     2,470        

per cent of its total number of insured individuals in this state  2,471        

per year, as contemplated by section 3923.021 of the Revised       2,472        

Code, and small group certificate holders of health benefit plans  2,473        

in this state per year, calculated as of the immediately           2,475        

preceding thirty-first day of December and excluding the           2,476        

insurer's medicare supplement policies and conversion or           2,477        

continuation of coverage policies under state or federal law and   2,478        

any policies described in division (N)(M) of this section.  If an  2,479        

insurer is subject to, and elects to operate under, the            2,481        

individual open enrollment requirements of section 3941.53 of the  2,482        

Revised Code, in no event shall the insurer be required to accept  2,483        

annually under this section small employer groups that would       2,484        

cause the insurer to have a total number of new insureds that is   2,485        

more than one-half per cent of its total number of small group     2,486        

certificate holders calculated as set forth in division (G)(1) of  2,487        

this section.                                                                   

      (2)  An officer of the insurer shall certify to the          2,489        

department of insurance when it has met the enrollment limit set   2,490        

forth in division (G)(1) of this section.  Upon providing such     2,491        

certification, the insurer shall be relieved of its open           2,492        

enrollment requirement under this section for the remainder of     2,493        

the calendar year.                                                 2,494        

      (H)  An insurer shall not be required to accept under this   2,496        

section applicants who, at the time of enrollment, are confined    2,497        

to a health care facility because of chronic illness, permanent    2,498        

injury, or other infirmity that would cause economic impairment    2,499        

                                                          54     

                                                                 
to the insurer if the applicants were accepted, or to make the     2,500        

effective date of benefits for individuals or groups accepted      2,501        

under this section earlier than ninety days after the date of      2,502        

acceptance.                                                        2,503        

      (I)  The requirements of this section do not apply to any    2,505        

insurer that is currently in a state of supervision, insolvency,   2,506        

or liquidation.  If an insurer demonstrates to the satisfaction    2,507        

of the superintendent that the requirements of this section would  2,509        

place the insurer in a state of supervision, insolvency, or        2,510        

liquidation, the superintendent may waive or modify the            2,511        

requirements of division (B) or (G) of this section.  The actions               

of the superintendent under this division shall be effective for   2,513        

a period of not more than one year.  At the expiration of such     2,514        

time, a new showing of need for a waiver or modification by the    2,515        

insurer shall be made before a new waiver or modification is       2,516        

issued or imposed.                                                              

      (J)  No hospital, health care facility, or health care       2,518        

practitioner, and no person who employs any health care            2,519        

practitioner, shall balance bill any individual or dependent of    2,520        

an individual or any eligible employee or dependent of an          2,522        

employee for any health care supplies or services provided to the               

individual or dependent or the eligible employee or dependent,     2,523        

who is insured under a policy or enrolled under a health benefit   2,525        

plan issued under this section.  The hospital, health care         2,526        

facility, or health care practitioner, or any person that employs  2,527        

the health care practitioner, shall accept payments made to it by  2,528        

the insurer under the terms of the policy or contract insuring or  2,530        

covering such individual as payment in full for such health care   2,531        

supplies or services.                                              2,532        

      As used in this division, "hospital" has the same meaning    2,534        

as in section 3727.01 of the Revised Code; "health care            2,535        

practitioner" has the same meaning as in section 4769.01 of the    2,536        

Revised Code; and "balance bill" means charging or collecting an   2,537        

amount in excess of the amount reimbursable or payable under the   2,538        

                                                          55     

                                                                 
policy or health care service contract issued to an individual or  2,539        

group under this section for such health care supply or service.   2,540        

"Balance bill" does not include charging for or collecting         2,541        

copayments or deductibles required by the policy or contract.      2,542        

      (K)  An insurer shall pay an agent a commission in the       2,544        

amount of five per cent of the premium charged for initial         2,545        

placement or for otherwise securing the issuance of a policy or    2,546        

contract issued to an individual or small employer group under     2,547        

this section, and four per cent of the premium charged for the                  

renewal of such a policy or contract.  The superintendent may      2,548        

adopt, in accordance with Chapter 119. of the Revised Code, such   2,549        

rules as are necessary to enforce this division.                   2,550        

      (L)  Except as otherwise provided in this section, sections  2,552        

3924.01 to 3924.06 of the Revised Code apply to all health         2,553        

benefit plans issued under this section.                           2,554        

      (M)  Individuals accepted for coverage under this section    2,556        

may be issued contracts and certificates subject to the            2,557        

requirements of section 3923.12 of the Revised Code.  The          2,558        

coverage issued to such individuals is not subject to the          2,559        

requirements of section 3923.021 of the Revised Code.              2,560        

      (N)(M)  This section does not apply to any policy that       2,562        

provides coverage for specific diseases or accidents only, or to   2,564        

any hospital indemnity, medicare supplement, long-term care,                    

disability income, one-time-limited-duration policy of no longer   2,566        

than six months, or other policy that offers only supplemental     2,567        

benefits.                                                                       

      Sec. 3923.581.  (A)  AS USED IN THIS SECTION:                2,569        

      (1)  "CARRIER," "HEALTH BENEFIT PLAN," "MEWA," AND           2,571        

"PRE-EXISTING CONDITIONS PROVISION" HAVE THE SAME MEANINGS AS IN   2,573        

SECTION 3924.01 OF THE REVISED CODE.                                            

      (2)  "FEDERALLY ELIGIBLE INDIVIDUAL" MEANS AN ELIGIBLE       2,575        

INDIVIDUAL AS DEFINED IN 45 C.F.R. 148.103.                        2,576        

      (3)  "HEALTH STATUS-RELATED FACTOR" MEANS ANY OF THE         2,577        

FOLLOWING:                                                                      

                                                          56     

                                                                 
      (a)  HEALTH STATUS;                                          2,579        

      (b)  MEDICAL CONDITION, INCLUDING BOTH PHYSICAL AND MENTAL   2,581        

ILLNESSES;                                                         2,582        

      (c)  CLAIMS EXPERIENCE;                                      2,584        

      (d)  RECEIPT OF HEALTH CARE;                                 2,586        

      (e)  MEDICAL HISTORY;                                        2,588        

      (f)  GENETIC INFORMATION;                                    2,590        

      (g)  EVIDENCE OF INSURABILITY, INCLUDING CONDITIONS ARISING  2,592        

OUT OF ACTS OF DOMESTIC VIOLENCE;                                  2,593        

      (h)  DISABILITY.                                             2,595        

      (4)  "MIDPOINT RATE" MEANS, FOR INDIVIDUALS WITH SIMILAR     2,597        

CASE CHARACTERISTICS AND PLAN DESIGNS AND AS DETERMINED BY THE     2,598        

APPLICABLE CARRIER FOR A RATING PERIOD, THE ARITHMETIC AVERAGE OF  2,599        

THE APPLICABLE BASE PREMIUM RATE AND THE CORRESPONDING HIGHEST     2,600        

PREMIUM RATE.                                                                   

      (5)  "NETWORK PLAN" MEANS A HEALTH BENEFIT PLAN OF A         2,602        

CARRIER UNDER WHICH THE FINANCING AND DELIVERY OF MEDICAL CARE,    2,603        

INCLUDING ITEMS AND SERVICES PAID FOR AS MEDICAL CARE, ARE         2,604        

PROVIDED, IN WHOLE OR IN PART, THROUGH A DEFINED SET OF PROVIDERS  2,605        

UNDER CONTRACT WITH THE CARRIER.                                                

      (B)  BEGINNING IN JANUARY OF EACH YEAR, CARRIERS IN THE      2,607        

BUSINESS OF ISSUING HEALTH BENEFIT PLANS TO INDIVIDUALS OR         2,608        

NONEMPLOYER GROUPS SHALL ACCEPT FEDERALLY ELIGIBLE INDIVIDUALS     2,609        

FOR OPEN ENROLLMENT COVERAGE, AS PROVIDED IN THIS SECTION, IN THE  2,610        

ORDER IN WHICH THEY APPLY FOR COVERAGE AND SUBJECT TO THE          2,611        

LIMITATION SET FORTH IN DIVISION (J) OF THIS SECTION.              2,612        

      (C)  NO CARRIER SHALL DO EITHER OF THE FOLLOWING:            2,614        

      (1)  DECLINE TO OFFER SUCH COVERAGE TO, OR DENY ENROLLMENT   2,616        

OF, SUCH INDIVIDUALS;                                              2,617        

      (2)  APPLY ANY PRE-EXISTING CONDITIONS PROVISION TO SUCH     2,619        

COVERAGE.                                                                       

      (D)  A CARRIER SHALL OFFER TO FEDERALLY ELIGIBLE             2,621        

INDIVIDUALS THE BASIC AND STANDARD PLAN ESTABLISHED BY THE BOARD   2,622        

OF DIRECTORS OF THE OHIO HEALTH REINSURANCE PROGRAM OR PLANS       2,623        

                                                          57     

                                                                 
SUBSTANTIALLY SIMILAR TO THE BASIC AND STANDARD PLAN IN BENEFIT    2,625        

DESIGN AND SCOPE OF COVERED SERVICES.  FOR PURPOSES OF THIS        2,626        

DIVISION, THE SUPERINTENDENT OF INSURANCE SHALL DETERMINE WHETHER  2,627        

A PLAN IS SUBSTANTIALLY SIMILAR TO THE BASIC OR STANDARD PLAN IN                

BENEFIT DESIGN AND SCOPE OF COVERED SERVICES.                      2,628        

      (E)  PREMIUMS CHARGED TO INDIVIDUALS UNDER THIS SECTION MAY  2,630        

NOT EXCEED AN AMOUNT THAT IS TWO TIMES THE MIDPOINT RATE CHARGED   2,631        

ANY OTHER INDIVIDUAL TO WHICH THE CARRIER IS CURRENTLY ACCEPTING   2,632        

NEW BUSINESS, AND FOR WHICH SIMILAR COPAYMENTS AND DEDUCTIBLES     2,633        

ARE APPLIED.                                                                    

      (F)  IF A CARRIER OFFERS A HEALTH BENEFIT PLAN IN THE        2,635        

INDIVIDUAL MARKET THROUGH A NETWORK PLAN, THE CARRIER MAY DO BOTH  2,636        

OF THE FOLLOWING:                                                               

      (1)  LIMIT THE FEDERALLY ELIGIBLE INDIVIDUALS THAT MAY       2,638        

APPLY FOR SUCH COVERAGE TO THOSE WHO LIVE, WORK, OR RESIDE IN THE  2,639        

SERVICE AREA OF THE NETWORK PLAN;                                  2,641        

      (2)  WITHIN THE SERVICE AREA OF THE NETWORK PLAN, DENY THE   2,643        

COVERAGE TO FEDERALLY ELIGIBLE INDIVIDUALS IF THE CARRIER HAS      2,644        

DEMONSTRATED BOTH OF THE FOLLOWING TO THE SUPERINTENDENT:          2,645        

      (a)  THE CARRIER WILL NOT HAVE THE CAPACITY TO DELIVER       2,647        

SERVICES ADEQUATELY TO ANY ADDITIONAL INDIVIDUALS BECAUSE OF THE   2,648        

CARRIER'S OBLIGATIONS TO EXISTING GROUP CONTRACT HOLDERS AND       2,649        

INDIVIDUALS.                                                                    

      (b)  THE CARRIER IS APPLYING DIVISION (F)(2) OF THIS         2,651        

SECTION UNIFORMLY TO ALL FEDERALLY ELIGIBLE INDIVIDUALS WITHOUT    2,652        

REGARD TO ANY HEALTH STATUS-RELATED FACTOR OF THOSE INDIVIDUALS.   2,653        

      (G)  A CARRIER THAT, PURSUANT TO DIVISION (F)(2) OF THIS     2,656        

SECTION, DENIES COVERAGE TO AN INDIVIDUAL IN THE SERVICE AREA OF   2,657        

A NETWORK PLAN, SHALL NOT OFFER COVERAGE IN THE INDIVIDUAL MARKET  2,658        

WITHIN THAT SERVICE AREA FOR AT LEAST ONE HUNDRED EIGHTY DAYS      2,659        

AFTER THE DATE THE COVERAGE IS DENIED.                             2,660        

      (H)  A CARRIER MAY REFUSE TO ISSUE HEALTH BENEFIT PLANS TO   2,662        

FEDERALLY ELIGIBLE INDIVIDUALS IF THE CARRIER HAS DEMONSTRATED     2,663        

BOTH OF THE FOLLOWING TO THE SUPERINTENDENT:                       2,664        

                                                          58     

                                                                 
      (1)  THE CARRIER DOES NOT HAVE THE FINANCIAL RESERVES        2,666        

NECESSARY TO UNDERWRITE ADDITIONAL COVERAGE.                       2,667        

      (2)  THE CARRIER IS APPLYING DIVISION (H) OF THIS SECTION    2,669        

UNIFORMLY TO ALL FEDERALLY ELIGIBLE INDIVIDUALS IN THIS STATE      2,670        

CONSISTENT WITH THE APPLICABLE LAWS AND RULES OF THIS STATE AND    2,671        

WITHOUT REGARD TO ANY HEALTH STATUS-RELATED FACTOR RELATING TO     2,672        

THOSE INDIVIDUALS.                                                              

      (I)  A CARRIER THAT, PURSUANT TO DIVISION (H) OF THIS        2,674        

SECTION, REFUSES TO ISSUE HEALTH BENEFIT PLANS TO FEDERALLY        2,675        

ELIGIBLE INDIVIDUALS, SHALL NOT OFFER HEALTH BENEFIT PLANS IN THE  2,676        

INDIVIDUAL MARKET IN THIS STATE FOR AT LEAST ONE HUNDRED EIGHTY    2,677        

DAYS AFTER THE DATE THE COVERAGE IS DENIED OR UNTIL THE CARRIER    2,679        

HAS DEMONSTRATED TO THE SUPERINTENDENT THAT THE CARRIER HAS        2,680        

SUFFICIENT FINANCIAL RESERVES TO UNDERWRITE ADDITIONAL COVERAGE,                

WHICHEVER IS LATER.                                                2,681        

      (J)(1)  EXCEPT AS PROVIDED IN DIVISION (J)(2) OF THIS        2,684        

SECTION, A CARRIER SHALL NOT BE REQUIRED TO ACCEPT ANNUALLY UNDER  2,686        

THIS SECTION FEDERALLY ELIGIBLE INDIVIDUALS WHO, IN THE            2,687        

AGGREGATE, WOULD CAUSE THE CARRIER TO HAVE A TOTAL NUMBER OF NEW   2,688        

INSUREDS THAT IS MORE THAN ONE-HALF PER CENT OF ITS TOTAL NUMBER   2,689        

OF INSURED INDIVIDUALS AND NONEMPLOYER GROUPS IN THIS STATE PER    2,690        

YEAR, CALCULATED AS OF THE IMMEDIATELY PRECEDING THIRTY-FIRST DAY               

OF DECEMBER AND EXCLUDING THE CARRIER'S MEDICARE SUPPLEMENT        2,692        

POLICIES AND CONVERSION OR CONTINUATION OF COVERAGE POLICIES       2,694        

UNDER STATE OR FEDERAL LAW AND ANY POLICIES DESCRIBED IN DIVISION  2,695        

(M) OF SECTION 3923.58 OF THE REVISED CODE.                        2,696        

      (2)  AN OFFICER OF THE CARRIER SHALL CERTIFY TO THE          2,698        

DEPARTMENT OF INSURANCE WHEN IT HAS MET THE ENROLLMENT LIMIT SET   2,699        

FORTH IN DIVISION (J)(1) OF THIS SECTION.  UPON PROVIDING SUCH     2,700        

CERTIFICATION, THE CARRIER SHALL BE RELIEVED OF ITS OPEN           2,701        

ENROLLMENT REQUIREMENT UNDER THIS SECTION FOR THE REMAINDER OF     2,702        

THE CALENDAR YEAR UNLESS, PRIOR TO THE END OF THE CALENDAR YEAR,   2,704        

ALL THE CARRIERS SUBJECT TO THIS SECTION HAVE INDIVIDUALLY MET     2,705        

THE ENROLLMENT LIMIT SET FORTH IN DIVISION (J)(1) OF THIS          2,707        

                                                          59     

                                                                 
SECTION.  IN THAT EVENT, CARRIERS SHALL AGAIN ACCEPT APPLICANTS    2,708        

FOR OPEN ENROLLMENT COVERAGE PURSUANT TO THIS SECTION, SUBJECT TO  2,709        

THE ENROLLMENT LIMIT SET FORTH IN DIVISION (J)(1) OF THIS          2,711        

SECTION.                                                                        

      (K)  THE SUPERINTENDENT MAY PROVIDE FOR THE APPLICATION OF   2,713        

THIS SECTION ON A SERVICE-AREA-SPECIFIC BASIS.                     2,714        

      (L)  THE REQUIREMENTS OF THIS SECTION DO NOT APPLY TO ANY    2,716        

HEALTH BENEFIT PLAN DESCRIBED IN DIVISION (M) OF SECTION 3923.58   2,717        

OF THE REVISED CODE.                                                            

      Sec. 3923.59.  Any insurer may reinsure coverage of any      2,726        

individual, small employer group, or member of that NONEMPLOYER    2,727        

group acquired under section 3923.58 OR 3923.581 of the Revised    2,730        

Code with the Ohio small employer health OPEN ENROLLMENT           2,731        

reinsurance program in accordance with division (G) of section     2,733        

3924.11 of the Revised Code.  Premium rates charged for coverage   2,734        

reinsured by the program shall be established in accordance with   2,735        

section 3924.12 of the Revised Code.                                            

      Sec. 3923.63.  (A)  Notwithstanding section 3901.71 of the   2,744        

Revised Code, each individual or group policy of sickness and      2,746        

accident insurance delivered, issued for delivery, or renewed in   2,747        

this state that provides maternity benefits shall provide                       

coverage of inpatient care and follow-up care for a mother and     2,748        

her newborn as follows:                                                         

      (1)  The policy shall cover a minimum of forty-eight         2,751        

SEVENTY-TWO hours of inpatient care following a normal vaginal     2,752        

delivery and a minimum of ninety-six hours of inpatient care       2,754        

following a cesarean delivery.  Services covered as inpatient      2,755        

care shall include medical, educational, and any other services    2,756        

that are consistent with the inpatient care recommended in the     2,757        

protocols and guidelines developed by national organizations that  2,758        

represent pediatric, obstetric, and nursing professionals.         2,759        

      (2)  The policy shall cover a physician-directed source of   2,761        

follow-up care.  Services covered as follow-up care shall include  2,762        

physical assessment of the mother and newborn, parent education,   2,763        

                                                          60     

                                                                 
assistance and training in breast or bottle feeding, assessment    2,764        

of the home support system, performance of any medically           2,765        

necessary and appropriate clinical tests, and any other services   2,766        

that are consistent with the follow-up care recommended in the     2,767        

protocols and guidelines developed by national organizations that  2,769        

represent pediatric, obstetric, and nursing professionals.  The    2,770        

coverage shall apply to services provided in a medical setting or  2,771        

through home health care visits.  The coverage shall apply to a                 

home health care visit only if the health care professional who    2,772        

conducts the visit is knowledgeable and experienced in maternity   2,773        

and newborn care.                                                               

      When a decision is made in accordance with division (B) of   2,775        

this section to discharge a mother or newborn prior to the         2,776        

expiration of the applicable number of hours of inpatient care     2,777        

required to be covered, the coverage of follow-up care shall       2,778        

apply to all follow-up care that is provided within forty-eight    2,779        

hours after discharge.  When a mother or newborn receives at       2,781        

least the number of hours of inpatient care required to be                      

covered, the coverage of follow-up care shall apply to follow-up   2,782        

care that is determined to be medically necessary by the health    2,783        

care professionals responsible for discharging the mother or       2,784        

newborn.                                                                        

      (B)  Any decision to shorten the length of inpatient stay    2,787        

to less than that specified under division (A)(1) of this section  2,789        

shall be made by the physician attending the mother or newborn,    2,790        

except that if a nurse-midwife is attending the mother in          2,791        

collaboration with a physician, the decision may be made by the    2,792        

nurse-midwife.  Decisions regarding early discharge shall be made  2,793        

only after conferring with the mother or a person responsible for  2,794        

the mother or newborn.  For purposes of this division, a person    2,795        

responsible for the mother or newborn may include a parent,        2,796        

guardian, or any other person with authority to make medical       2,797        

decisions for the mother or newborn.                                            

      (C)(1)  No sickness and accident insurer may do either of    2,800        

                                                          61     

                                                                 
the following:                                                                  

      (a)  Terminate the participation of a health care            2,803        

professional or health care facility as a provider under a                      

sickness and accident insurance policy solely for making           2,804        

recommendations for inpatient or follow-up care for a particular   2,805        

mother or newborn that are consistent with the care required to    2,806        

be covered by this section;                                        2,807        

      (b)  Establish or offer monetary or other financial          2,810        

incentives for the purpose of encouraging a person to decline the  2,811        

inpatient or follow-up care required to be covered by this         2,812        

section.                                                                        

      (2)  Whoever violates division (C)(1)(a) or (b) of this      2,816        

section has engaged in an unfair and deceptive act or practice in  2,817        

the business of insurance under sections 3901.19 to 3901.26 of     2,818        

the Revised Code.                                                  2,820        

      (D)  This section does not do any of the following:          2,823        

      (1)  Require a policy to cover inpatient or follow-up care   2,826        

that is not received in accordance with the policy's terms         2,827        

pertaining to the health care professionals and facilities from    2,828        

which an individual is authorized to receive health care           2,829        

services.;                                                                      

      (2)  Require a mother or newborn to stay in a hospital or    2,832        

other inpatient setting for a fixed period of time following                    

delivery;                                                          2,833        

      (3)  Require a child to be delivered in a hospital or other  2,836        

inpatient setting;                                                              

      (4)  Authorize a nurse-midwife to practice beyond the        2,838        

authority to practice nurse-midwifery in accordance with Chapter   2,840        

4723. of the Revised Code;                                         2,842        

      (5)  Establish minimum standards of medical diagnosis, care  2,845        

or treatment for inpatient or follow-up care for a mother or       2,846        

newborn.  A deviation from the care required to be covered under   2,847        

this section shall not, solely on the basis of this section, give               

rise to a medical claim or derivative medical claim, as those      2,848        

                                                          62     

                                                                 
terms are defined in section 2305.11 of the Revised Code.          2,851        

      Sec. 3923.64.  (A)  Notwithstanding section 3901.71 of the   2,860        

Revised Code, each public employee benefit plan established or     2,862        

modified in this state that provides maternity benefits shall      2,863        

provide coverage of inpatient care and follow-up care for a        2,864        

mother and her newborn as follows:                                 2,865        

      (1)  The plan shall cover a minimum of forty-eight hours of  2,867        

inpatient care following a normal vaginal delivery and a minimum   2,869        

of ninety-six hours of inpatient care following a cesarean         2,870        

delivery.  Services covered as inpatient care shall include        2,871        

medical, educational, and any other services that are consistent   2,872        

with the inpatient care recommended in the protocols and           2,873        

guidelines developed by national organizations that represent      2,874        

pediatric, obstetric, and nursing professionals.                                

      (2)  The plan shall cover a physician-directed source of     2,876        

follow-up care. Services covered as follow-up care shall include   2,877        

physical assessment of the mother and newborn, parent education,   2,878        

assistance and training in breast or bottle feeding, assessment    2,879        

of the home support system, performance of any medically           2,880        

necessary and appropriate clinical tests, and any other services   2,881        

that are consistent with the follow-up care recommended in the     2,882        

protocols and guidelines developed by national organizations that  2,884        

represent pediatric, obstetric, and nursing professionals.  The    2,885        

coverage shall apply to services provided in a medical setting or  2,886        

through home health care visits.  The coverage shall apply to a                 

home health care visit only if the health care professional who    2,887        

conducts the visit is knowledgeable and experienced in maternity   2,888        

and newborn care.                                                               

      When a decision is made in accordance with division (B) of   2,890        

this section to discharge a mother or newborn prior to the         2,891        

expiration of the applicable number of hours of inpatient care     2,892        

required to be covered, the coverage of follow-up care shall       2,893        

apply to all follow-up care that is provided within forty-eight    2,894        

SEVENTY-TWO hours after discharge.  When a mother or newborn       2,895        

                                                          63     

                                                                 
receives at least the number of hours of inpatient care required   2,896        

to be covered, the coverage of follow-up care shall apply to       2,897        

follow-up care that is determined to be medically necessary by     2,898        

the health care professionals responsible for discharging the      2,899        

mother or newborn.                                                              

      (B)  Any decision to shorten the length of inpatient stay    2,902        

to less than that specified under division (A)(1) of this section  2,904        

shall be made by the physician attending the mother or newborn,    2,905        

except that if a nurse-midwife is attending the mother in          2,906        

collaboration with a physician, the decision may be made by the    2,907        

nurse-midwife.  Decisions regarding early discharge shall be made  2,908        

only after conferring with the mother or a person responsible for  2,909        

the mother or newborn.  For purposes of this division, a person    2,910        

responsible for the mother or newborn may include a parent,        2,911        

guardian, or any other person with authority to make medical       2,912        

decisions for the mother or newborn.                                            

      (C)(1)  No public employer who offers an employee benefit    2,915        

plan may do either of the following:                               2,916        

      (a)  Terminate the participation of a health care            2,919        

professional or health care facility as a provider under the plan  2,920        

solely for making recommendations for inpatient or follow-up care  2,921        

for a particular mother or newborn that are consistent with the    2,922        

care required to be covered by this section;                       2,923        

      (b)  Establish or offer monetary or other financial          2,926        

incentives for the purpose of encouraging a person to decline the  2,927        

inpatient or follow-up care required to be covered by this         2,928        

section.                                                                        

      (2)  Whoever violates division (C)(1)(a) or (b) of this      2,932        

section has engaged in an unfair and deceptive act or practice in  2,933        

the business of insurance under sections 3901.19 to 3901.26 of     2,934        

the Revised Code.                                                  2,936        

      (D)  This section does not do any of the following:          2,939        

      (1)  Require a plan to cover inpatient or follow-up care     2,942        

that is not received in accordance with the plan's terms           2,943        

                                                          64     

                                                                 
pertaining to the health care professionals and facilities from    2,944        

which an individual is authorized to receive health care           2,945        

services.;                                                                      

      (2)  Require a mother or newborn to stay in a hospital or    2,948        

other inpatient setting for a fixed period of time following                    

delivery;                                                          2,949        

      (3)  Require a child to be delivered in a hospital or other  2,952        

inpatient setting;                                                              

      (4)  Authorize a nurse-midwife to practice beyond the        2,954        

authority to practice nurse-midwifery in accordance with Chapter   2,956        

4723. of the Revised Code;                                         2,958        

      (5)  Establish minimum standards of medical diagnosis,       2,960        

care, or treatment for inpatient or follow-up care for a mother    2,961        

or newborn.  A deviation from the care required to be covered      2,962        

under this section shall not, solely on the basis of this          2,963        

section, give rise to a medical claim or derivative medical        2,964        

claim, as those terms are defined in section 2305.11 of the        2,965        

Revised Code.                                                      2,967        

      Sec. 3924.01.  As used in sections 3924.01 to 3924.14 of     2,976        

the Revised Code:                                                  2,977        

      (A)  "Actuarial certification" means a written statement     2,979        

prepared by a member of the American academy of actuaries, or by   2,980        

any other person acceptable to the superintendent of insurance,    2,981        

that states that, based upon the person's examination, a carrier   2,982        

offering health benefit plans to small employers is in compliance  2,983        

with sections 3924.01 to 3924.14 of the Revised Code.  "Actuarial  2,984        

certification" shall include a review of the appropriate records   2,985        

of, and the actuarial assumptions and methods used by, the         2,986        

carrier relative to establishing premium rates for the health      2,987        

benefit plans.                                                     2,988        

      (B)  "Adjusted average market premium price" means the       2,990        

average market premium price as determined by the board of         2,992        

directors of the Ohio small employer health reinsurance program    2,993        

either on the basis of the arithmetic mean of all carriers'        2,994        

                                                          65     

                                                                 
premium rates for an SEHC plan sold to groups with similar case    2,995        

characteristics by all carriers selling SEHC plans in the state,   2,997        

or on any other equitable basis determined by the board.                        

      (C)  "Base premium rate" means, as to any health benefit     2,999        

plan that is issued by a carrier and that covers at least two but  3,000        

no more than fifty employees of a small employer, the lowest       3,002        

premium rate for a new or existing business prescribed by the      3,003        

carrier for the same or similar coverage under a plan or           3,004        

arrangement covering any small employer with similar case          3,005        

characteristics.                                                                

      (D)  "Carrier" means any sickness and accident insurance     3,007        

company or health insuring corporation authorized to issue health  3,010        

benefit plans in this state or a MEWA.  A sickness and accident    3,012        

insurance company that owns or operates a health insuring          3,013        

corporation, either as a separate corporation or as a line of      3,015        

business, shall be considered as a separate carrier from that      3,016        

health insuring corporation for purposes of sections 3924.01 to    3,018        

3924.14 of the Revised Code.                                                    

      (E)  "Case characteristics" means, with respect to a small   3,020        

employer, the geographic area in which the employees work; the     3,021        

age and sex of the individual employees and their dependents; the  3,022        

appropriate industry classification as determined by the carrier;  3,023        

the number of employees and dependents; and such other objective   3,024        

criteria as may be established by the carrier.  "Case              3,025        

characteristics" does not include claims experience, health        3,026        

status, or duration of coverage from the date of issue.            3,027        

      (F)  "Dependent" means the spouse or child of an eligible    3,029        

employee, subject to applicable terms of the health benefits plan  3,030        

covering the employee.                                             3,031        

      (G)  "Eligible employee" means an employee who works a       3,033        

normal work week of twenty-five or more hours.  "Eligible          3,034        

employee" does not include a temporary or substitute employee, or  3,036        

a seasonal employee who works only part of the calendar year on    3,037        

the basis of natural or suitable times or circumstances.           3,038        

                                                          66     

                                                                 
      (H)  "Financially impaired" means a program member that,     3,040        

after April 14, 1993, is not insolvent but is determined by the    3,043        

superintendent to be potentially unable to fulfill its             3,044        

contractual obligations, or is placed under an order of            3,045        

rehabilitation or conservation by a court of competent             3,046        

jurisdiction or under an order of supervision by the               3,047        

superintendent.                                                                 

      (I)  "Health benefit plan" means any hospital or medical     3,049        

expense policy or certificate or any health plan provided by a     3,051        

carrier, that is delivered, issued for delivery, renewed, or used  3,053        

in this state on or after the date occurring six months after      3,054        

November 24, 1995.  "Health benefit plan" does not include         3,056        

policies covering only accident, credit, dental, disability        3,057        

income, long-term care, hospital indemnity, medicare supplement,   3,058        

specified disease, or vision care; coverage under a                3,059        

one-time-limited-duration policy of no longer than six months;     3,061        

coverage issued as a supplement to liability insurance; insurance  3,062        

arising out of a workers' compensation or similar law; automobile  3,063        

medical-payment insurance; or insurance under which benefits are   3,064        

payable with or without regard to fault and which is statutorily   3,065        

required to be contained in any liability insurance policy or      3,066        

equivalent self-insurance.                                                      

      (J)  "Initial enrollment period" means the thirty-day        3,068        

period immediately following any service waiting period            3,069        

established by an employer.                                        3,070        

      (K)(I)  "Late enrollee" means an eligible employee or        3,072        

dependent who requests enrollment ENROLLS in a small employer's    3,073        

health benefit plan following OTHER THAN DURING the initial        3,075        

enrollment FIRST period provided under the terms of the first      3,077        

plan for IN which the employee or dependent was IS eligible        3,078        

through the small employer, unless any of the following apply:     3,080        

      (1)  The individual:                                         3,082        

      (a)  Was covered under another health benefit plan at the    3,085        

time the individual was eligible to enroll;                                     

                                                          67     

                                                                 
      (b)  States, at the time of the initial eligibility, that    3,087        

coverage under another health benefit plan was the reason for      3,090        

declining enrollment;                                                           

      (c)  Has lost coverage under another health benefit plan as  3,093        

a result of the termination of employment, a reduction of hours    3,094        

worked per week, the termination of the other plan's coverage,     3,095        

death of a spouse, or divorce; and                                 3,096        

      (d)  Requests enrollment within thirty days after the        3,098        

termination of coverage under another health benefit plan.         3,099        

      (2)  The individual is employed by an employer who offers    3,101        

multiple health benefit plans and the individual elects a          3,102        

different health benefit plan during an open enrollment period.    3,103        

      (3)  A court has ordered coverage to be provided for a       3,105        

spouse or minor child under a covered employee's plan and a        3,106        

request for enrollment is made within thirty days after issuance   3,107        

of the court order TO ENROLL UNDER THE PLAN OR DURING A SPECIAL    3,109        

ENROLLMENT PERIOD DESCRIBED IN SECTION 2701(f) OF THE "HEALTH      3,112        

INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996," PUB. L.     3,118        

NO. 104-191, 110 STAT. 1955, 42 U.S.C.A. 300gg, AS AMENDED.        3,121        

      (L)(J)  "MEWA" means any "multiple employer welfare          3,123        

arrangement" as defined in section 3 of the "Federal Employee      3,124        

Retirement Income Security Act of 1974," 88 Stat. 832, 29          3,125        

U.S.C.A. 1001, as amended, except for any arrangement which is     3,126        

fully insured as defined in division (b)(6)(D) of section 514 of   3,127        

that act.                                                          3,128        

      (M)(K)  "Midpoint rate" means, for small employers with      3,130        

similar case characteristics and plan designs and as determined    3,131        

by the applicable carrier for a rating period, the arithmetic      3,132        

average of the applicable base premium rate and the corresponding  3,133        

highest premium rate.                                              3,134        

      (N)(L)  "Pre-existing conditions provision" means a policy   3,136        

provision that excludes or limits coverage for charges or          3,138        

expenses incurred during a specified period following the          3,139        

insured's effective ENROLLMENT date of coverage as to a condition  3,141        

                                                          68     

                                                                 
which, during a specified period immediately preceding the         3,142        

effective date of coverage, had manifested itself in such a        3,143        

manner as would cause an ordinarily prudent person to seek         3,144        

medical advice, diagnosis, care, or treatment or for which         3,145        

medical advice, diagnosis, care, or treatment was recommended or   3,146        

received, or DURING a pregnancy existing on SPECIFIED PERIOD       3,148        

IMMEDIATELY PRECEDING the effective ENROLLMENT date of coverage.   3,149        

GENETIC INFORMATION SHALL NOT BE TREATED AS SUCH A CONDITION IN    3,151        

THE ABSENCE OF A DIAGNOSIS OF THE CONDITION RELATED TO SUCH        3,152        

INFORMATION.                                                                    

      FOR PURPOSES OF THIS DIVISION, "ENROLLMENT DATE" MEANS,      3,154        

WITH RESPECT TO AN INDIVIDUAL COVERED UNDER A GROUP HEALTH         3,155        

BENEFIT PLAN, THE DATE OF ENROLLMENT OF THE INDIVIDUAL IN THE      3,156        

PLAN OR, IF EARLIER, THE FIRST DAY OF THE WAITING PERIOD FOR SUCH  3,158        

ENROLLMENT.                                                                     

      (O)(M)  "Service waiting period" means the period of time    3,160        

after employment begins before an eligible employee may enroll in  3,162        

IS ELIGIBLE TO BE COVERED FOR BENEFITS UNDER THE TERMS OF any      3,163        

applicable health benefit plan offered by the small employer.                   

      (P)(N)(1)  "Small employer" means any person, firm,          3,166        

corporation, partnership, or association actively engaged in       3,167        

business whose total, IN CONNECTION WITH A GROUP HEALTH BENEFIT    3,168        

PLAN AND WITH RESPECT TO A CALENDAR YEAR AND A PLAN YEAR, AN       3,169        

EMPLOYER WHO employed work force consisted of, on at least fifty   3,170        

per cent of its working days during the preceding year, AN         3,171        

AVERAGE OF at least two but no more than fifty eligible            3,173        

employees, the majority of whom were employed within the state ON  3,174        

BUSINESS DAYS DURING THE PRECEDING CALENDAR YEAR AND WHO EMPLOYS   3,175        

AT LEAST TWO EMPLOYEES ON THE FIRST DAY OF THE PLAN YEAR.                       

      (2)  In determining the number of eligible employees for     3,177        

FOR purposes of division (P)(N)(1) of this section, companies      3,178        

which are affiliated companies or which are eligible to file a     3,180        

combined tax return for purposes of state taxation ALL PERSONS     3,182        

TREATED AS A SINGLE EMPLOYER UNDER SUBSECTION (b), (c), (m), OR    3,184        

                                                          69     

                                                                 
(o) OF SECTION 414 OF THE "INTERNAL REVENUE CODE OF 1986," 100     3,188        

STAT. 2085, 26 U.S.C.A. 1, AS AMENDED, shall be considered one     3,191        

employer.  IN THE CASE OF AN EMPLOYER THAT WAS NOT IN EXISTENCE    3,192        

THROUGHOUT THE PRECEDING CALENDAR YEAR, THE DETERMINATION OF       3,193        

WHETHER THE EMPLOYER IS A SMALL OR LARGE EMPLOYER SHALL BE BASED   3,194        

ON THE AVERAGE NUMBER OF ELIGIBLE EMPLOYEES THAT IT IS REASONABLY  3,196        

EXPECTED THE EMPLOYER WILL EMPLOY ON BUSINESS DAYS IN THE CURRENT  3,197        

CALENDAR YEAR.  ANY REFERENCE IN DIVISION (N) OF THIS SECTION TO   3,198        

AN "EMPLOYER" INCLUDES ANY PREDECESSOR OF THE EMPLOYER.  Except    3,200        

as otherwise specifically provided, provisions of sections         3,201        

3924.01 to 3924.14 of the Revised Code that apply to a small       3,202        

employer that has a health benefit plan shall continue to apply    3,203        

until the plan anniversary following the date the employer no      3,204        

longer meets the requirements of this division.                                 

      (Q)(O)  "SEHC plan" means an Ohio small employer health      3,207        

care plan, which is a health benefit plan for small INDIVIDUALS    3,208        

AND employers established by the board in accordance with section  3,210        

3924.10 of the Revised Code.                                       3,211        

      Sec. 3924.02.  (A)  An individual or group health benefit    3,220        

plan is subject to sections 3924.01 to 3924.14 of the Revised      3,221        

Code if it provides health care benefits covering at least two     3,223        

but no more than fifty employees of a small employer, and if it    3,224        

meets either of the following conditions:                          3,225        

      (1)  Any portion of the premium or benefits is paid by a     3,227        

small employer, or any covered individual is reimbursed, whether   3,228        

through wage adjustments or otherwise, by a small employer for     3,229        

any portion of the premium.                                        3,230        

      (2)  The health benefit plan is treated by the employer or   3,232        

any of the covered individuals as part of a plan or program for    3,233        

purposes of section 106 or 162 of the "Internal Revenue Code of    3,234        

1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.                  3,235        

      (B)  Notwithstanding division (A) of this section,           3,237        

divisions (D), (E)(2), (F), AND (G) to (J) of section 3924.03 of   3,239        

the Revised Code and section 3924.04 of the Revised Code do not    3,241        

                                                          70     

                                                                 
apply to health benefit policies that are not sold to owners of    3,242        

small businesses as an employment benefit plan.  Such policies     3,243        

shall clearly state that they are not being sold as an employment  3,244        

benefit plan and that the owner of the business is not             3,245        

responsible, either directly or indirectly, for paying the         3,246        

premium or benefits.                                                            

      (C)  Every health benefit plan offered or delivered by a     3,248        

carrier, other than a health insuring corporation, to a small      3,250        

employer is subject to sections 3923.23, 3923.231, 3923.232,       3,251        

3923.233, and 3923.234 of the Revised Code and any other           3,252        

provision of the Revised Code that requires the reimbursement,     3,253        

utilization, or consideration of a specific category of a          3,254        

licensed or certified health care practitioner.                    3,255        

      (D)  Except as expressly provided in sections 3924.01 to     3,257        

3924.14 of the Revised Code, no health benefit plan offered to a   3,258        

small employer is subject to any of the following:                 3,259        

      (1)  Any law that would inhibit any carrier from             3,261        

contracting with providers or groups of providers with respect to  3,262        

health care services or benefits;                                  3,263        

      (2)  Any law that would impose any restriction on the        3,265        

ability to negotiate with providers regarding the level or method  3,266        

of reimbursing care or services provided under the health benefit  3,267        

plan;                                                              3,268        

      (3)  Any law that would require any carrier to either        3,270        

include a specific provider or class of provider when contracting  3,271        

for health care services or benefits, or to exclude any class of   3,272        

provider that is generally authorized by statute to provide such   3,273        

care.                                                              3,274        

      Sec. 3924.03.  Health EXCEPT AS OTHERWISE PROVIDED IN        3,283        

SECTION 2721 OF THE "HEALTH INSURANCE PORTABILITY AND              3,288        

ACCOUNTABILITY ACT OF 1996," PUB. L. NO. 104-191, 110 STAT. 1955,  3,293        

42 U.S.C.A. 300gg-21, AS AMENDED, HEALTH benefit plans covering    3,295        

small employers are subject to the following conditions, as        3,296        

applicable:                                                                     

                                                          71     

                                                                 
      (A)(1)  Pre-existing conditions provisions shall not         3,298        

exclude or limit coverage for a period beyond twelve months, OR    3,299        

EIGHTEEN MONTHS IN THE CASE OF A LATE ENROLLEE, following the      3,300        

individual's effective ENROLLMENT date of coverage and may only    3,301        

relate to conditions during A PHYSICAL OR MENTAL CONDITION,        3,303        

REGARDLESS OF THE CAUSE OF THE CONDITION, FOR WHICH MEDICAL        3,305        

ADVICE, DIAGNOSIS, CARE, OR TREATMENT WAS RECOMMENDED OR RECEIVED  3,306        

WITHIN the six months immediately preceding the effective          3,308        

ENROLLMENT date of coverage.                                                    

      DIVISION (A)(1) OF THIS SECTION IS SUBJECT TO THE            3,311        

EXCEPTIONS SET FORTH IN SECTION 2701(d) OF THE "HEALTH INSURANCE   3,314        

PORTABILITY AND ACCOUNTABILITY ACT OF 1996."                       3,317        

      (2)  THE PERIOD OF ANY SUCH PRE-EXISTING CONDITION           3,319        

EXCLUSION SHALL BE REDUCED BY THE AGGREGATE OF THE PERIODS OF      3,320        

CREDITABLE COVERAGE, IF ANY, APPLICABLE TO THE EMPLOYEE OR         3,321        

DEPENDENT AS OF THE ENROLLMENT DATE.                               3,322        

      (3)  A PERIOD OF CREDITABLE COVERAGE SHALL NOT BE COUNTED,   3,325        

WITH RESPECT TO ENROLLMENT OF AN INDIVIDUAL UNDER A GROUP HEALTH   3,326        

BENEFIT PLAN, IF, AFTER THAT PERIOD AND BEFORE THE ENROLLMENT      3,327        

DATE, THERE WAS A SIXTY-THREE-DAY PERIOD DURING ALL OF WHICH THE   3,328        

INDIVIDUAL WAS NOT COVERED UNDER ANY CREDITABLE COVERAGE.          3,329        

SUBSECTIONS (c)(2) TO (4) AND (e) OF SECTION 2701 OF THE "HEALTH   3,331        

INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996" APPLY WITH   3,335        

RESPECT TO CREDITING PREVIOUS COVERAGE.                            3,336        

      (4)  AS USED IN DIVISION (A) OF THIS SECTION:                3,339        

      (a)  "CREDITABLE COVERAGE" HAS THE SAME MEANING AS IN        3,342        

SECTION 2701(c)(1) OF THE "HEALTH INSURANCE PORTABILITY AND        3,346        

ACCOUNTABILITY ACT OF 1996."                                       3,347        

      (b)  "ENROLLMENT DATE" MEANS, WITH RESPECT TO AN INDIVIDUAL  3,350        

COVERED UNDER A GROUP HEALTH BENEFIT PLAN, THE DATE OF ENROLLMENT  3,351        

OF THE INDIVIDUAL IN THE PLAN OR, IF EARLIER, THE FIRST DAY OF     3,352        

THE WAITING PERIOD FOR SUCH ENROLLMENT.                                         

      (B)  In determining whether a pre-existing conditions        3,354        

provision applies to an eligible employee or dependent, all        3,355        

                                                          72     

                                                                 
health benefit plans shall credit the time the person was covered  3,356        

under a previous employer-based health benefit plan provided by a  3,357        

carrier if the previous coverage was continuous to a date not      3,359        

more than thirty days prior to the effective date of the new       3,361        

coverage, exclusive of any applicable service waiting period       3,362        

under the plan.                                                    3,363        

      (C)  Any such health benefit plan shall be renewable with    3,365        

respect to all eligible employees or dependents at the option of   3,366        

the policyholder, contract holder, or small employer, except for   3,367        

any of the following reasons:                                      3,368        

      (1)  Nonpayment of the required premiums by the              3,370        

policyholder, contract holder, or employer;                        3,371        

      (2)  Fraud or misrepresentation of the policyholder,         3,373        

contract holder, or employer or, with respect to coverage of       3,374        

individual insureds, the insureds or their representatives ;       3,376        

      (3)  When the total number of insured individuals covered    3,378        

under all of the health benefit plans of any one employer is less  3,379        

than the total number of individuals or percentage of individuals  3,380        

required by participation requirements under any specific health   3,381        

benefit plan of that employer;                                     3,382        

      (4)  Noncompliance with any plan provision that has been     3,384        

approved by the superintendent of insurance;                       3,385        

      (5)  When the carrier ceases doing business in the small     3,387        

employer market, provided that all of the following conditions     3,388        

are met:                                                           3,389        

      (a)  Notice of the decision to cease to do business in the   3,391        

small employer market is provided to the department of insurance,  3,392        

the board of directors of the Ohio small employer health           3,393        

reinsurance program, the policyholder or contract holder, and the  3,394        

employer.                                                          3,395        

      (b)  Health benefit plans subject to sections 3924.01 to     3,397        

3924.14 of the Revised Code shall not be canceled by the carrier   3,398        

for ninety days after the date of the notice required under        3,400        

division (C)(5)(a) of this section unless the business has been    3,401        

                                                          73     

                                                                 
sold to another carrier or the cancellations are approved by the   3,402        

superintendent.                                                    3,403        

      (c)  A carrier that ceases to do business in the small       3,405        

employer marketplace is prohibited from re-entering the small      3,406        

employer marketplace for a period of five years from the date of   3,407        

the notice required under division (C)(5)(a) of this section.      3,408        

      (D)  Notwithstanding division (C) of this section, any such  3,410        

health benefit plan or any coverage provided to an individual      3,411        

under such a plan may be rescinded for fraud, material             3,412        

misrepresentation, or concealment by an applicant, employee,       3,413        

dependent, or small employer.                                      3,414        

      (E)  Every carrier doing business in the small employer      3,416        

market may underwrite and rate small employer groups, as           3,417        

permitted by sections 3924.01 to 3924.14 of the Revised Code,      3,418        

using accepted underwriting and actuarial practices EXCEPT AS      3,419        

PROVIDED IN SECTION 2712(b) TO (e) OF THE "HEALTH INSURANCE        3,425        

PORTABILITY AND ACCOUNTABILITY ACT OF 1996," IF A CARRIER OFFERS   3,428        

COVERAGE IN THE SMALL EMPLOYER MARKET IN CONNECTION WITH A GROUP   3,429        

HEALTH BENEFIT PLAN, THE CARRIER SHALL RENEW OR CONTINUE IN FORCE  3,430        

SUCH COVERAGE AT THE OPTION OF THE PLAN SPONSOR OF THE PLAN.       3,431        

      (F)(C)  A carrier shall not exclude any eligible employee    3,433        

or dependent, who would otherwise be covered under a health        3,434        

benefit plan, on the basis of any actual or expected health        3,435        

condition of the employee or dependent.  However, a carrier may    3,436        

exclude a late enrollee for a period of up to twenty-four months   3,437        

or may, in the discretion of the carrier, extend coverage to the   3,438        

late enrollee at any time during that period.  A carrier also may  3,439        

medically underwrite a late enrollee.                              3,440        

      If, prior to the effective date of this amendment NOVEMBER   3,443        

24, 1995, a carrier excluded an eligible employee or dependent,    3,444        

other than a late enrollee, on the basis of an actual or expected  3,445        

health condition, the carrier shall, upon the initial renewal of   3,446        

the coverage on or after that date, extend coverage to the         3,447        

employee or dependent if all other eligibility requirements are    3,448        

                                                          74     

                                                                 
met.                                                                            

      (G)(D)  No health benefit plan issued by a carrier shall     3,451        

limit or exclude, by use of a rider or amendment applicable to a                

specific individual, coverage by type of illness, treatment,       3,453        

medical condition, or accident, except for pre-existing            3,454        

conditions as permitted under division (A) of this section.  If a  3,455        

health benefit plan that is delivered or issued for delivery       3,457        

prior to April 14, 1993, contains such limitations or exclusions,  3,459        

by use of a rider or amendment applicable to a specific            3,460        

individual, the plan shall eliminate the use of such riders or     3,461        

amendments within eighteen months after April 14, 1993.            3,462        

      (H)(E)(1)  EXCEPT AS PROVIDED IN SECTIONS 3924.031 AND       3,465        

3924.032 OF THE REVISED CODE, AND SUBJECT TO SUCH RULES AS MAY BE  3,468        

ADOPTED BY THE SUPERINTENDENT OF INSURANCE IN ACCORDANCE WITH      3,469        

CHAPTER 119. OF THE REVISED CODE, A CARRIER SHALL OFFER EVERY      3,472        

HEALTH BENEFIT PLAN THAT IT IS ACTIVELY MARKETING TO EVERY SMALL   3,473        

EMPLOYER THAT APPLIES TO THE CARRIER FOR SUCH COVERAGE.            3,474        

      DIVISION (E)(1) OF THIS SECTION DOES NOT APPLY TO A HEALTH   3,477        

BENEFIT PLAN THAT A CARRIER MAKES AVAILABLE IN THE SMALL EMPLOYER  3,478        

MARKET ONLY THROUGH ONE OR MORE BONA FIDE ASSOCIATIONS.            3,479        

      DIVISION (E)(1) OF THIS SECTION SHALL NOT BE CONSTRUED TO    3,482        

PRECLUDE A CARRIER FROM ESTABLISHING EMPLOYER CONTRIBUTION RULES   3,483        

OR GROUP PARTICIPATION RULES FOR THE OFFERING OF COVERAGE IN       3,484        

CONNECTION WITH A GROUP HEALTH BENEFIT PLAN IN THE SMALL EMPLOYER  3,485        

MARKET, AS ALLOWED UNDER THE LAW OF THIS STATE.  AS USED IN        3,486        

DIVISION (E)(1) OF THIS SECTION, "EMPLOYER CONTRIBUTION RULE"      3,488        

MEANS A REQUIREMENT RELATING TO THE MINIMUM LEVEL OR AMOUNT OF     3,489        

EMPLOYER CONTRIBUTION TOWARD THE PREMIUM FOR ENROLLMENT OF         3,490        

EMPLOYEES AND DEPENDENTS AND "GROUP PARTICIPATION RULE" MEANS A    3,491        

REQUIREMENT RELATING TO THE MINIMUM NUMBER OF EMPLOYEES OR         3,492        

DEPENDENTS THAT MUST BE ENROLLED IN RELATION TO A SPECIFIED        3,493        

PERCENTAGE OR NUMBER OF ELIGIBLE INDIVIDUALS OR EMPLOYEES OF AN    3,494        

EMPLOYER.                                                                       

      (2)  Each health benefit plan, at the time of initial group  3,496        

                                                          75     

                                                                 
enrollment, shall make coverage available to all the eligible      3,497        

employees of a small employer without a service waiting period.    3,498        

The decision of whether to impose a service waiting period shall   3,500        

be made by the small employer.  Such waiting periods shall not be  3,501        

greater than ninety days.                                          3,502        

      (3)  EACH HEALTH BENEFIT PLAN SHALL PROVIDE FOR THE SPECIAL  3,505        

ENROLLMENT PERIODS DESCRIBED IN SECTION 2701(f) OF THE "HEALTH     3,508        

INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996."             3,511        

      (I)(F)  The benefit structure of any health benefit plan     3,514        

may, AT THE TIME OF COVERAGE RENEWAL, be changed by the carrier    3,516        

to make it consistent with the benefit structure contained in      3,517        

health benefit plans being marketed to new small employer groups.  3,518        

IF THE HEALTH BENEFIT PLAN IS AVAILABLE IN THE SMALL EMPLOYER      3,520        

MARKET OTHER THAN ONLY THROUGH ONE OR MORE BONA FIDE                            

ASSOCIATIONS, THE MODIFICATION MUST BE CONSISTENT WITH THE LAW OF  3,522        

THIS STATE AND EFFECTIVE ON A UNIFORM BASIS AMONG SMALL EMPLOYER   3,523        

GROUP PLANS.                                                                    

      (J)(G)  A carrier may obtain any facts and information       3,525        

necessary to apply this section, or supply those facts and         3,526        

information to any other third-party payer, without the consent    3,527        

of the beneficiary.  Each person claiming benefits under a health  3,528        

benefit plan shall provide any facts and information necessary to  3,529        

apply this section.                                                3,530        

      FOR PURPOSES OF THIS SECTION, "BONA FIDE ASSOCIATION" MEANS  3,533        

AN ASSOCIATION THAT HAS BEEN ACTIVELY IN EXISTENCE FOR AT LEAST    3,534        

FIVE YEARS; HAS BEEN FORMED AND MAINTAINED IN GOOD FAITH FOR       3,535        

PURPOSES OTHER THAN OBTAINING INSURANCE; DOES NOT CONDITION        3,536        

MEMBERSHIP IN THE ASSOCIATION ON ANY HEALTH STATUS-RELATED         3,537        

FACTOR, AS DEFINED IN SECTION 3924.031 OF THE REVISED CODE,        3,539        

RELATING TO AN INDIVIDUAL, INCLUDING AN EMPLOYEE OR DEPENDENT;     3,540        

MAKES HEALTH INSURANCE COVERAGE OFFERED THROUGH THE ASSOCIATION    3,541        

AVAILABLE TO ALL MEMBERS REGARDLESS OF ANY HEALTH STATUS-RELATED   3,542        

FACTOR, AS DEFINED IN SECTION 3924.031 OF THE REVISED CODE,        3,545        

RELATING TO SUCH MEMBERS OR TO INDIVIDUALS ELIGIBLE FOR COVERAGE   3,546        

                                                          76     

                                                                 
THROUGH A MEMBER; DOES NOT MAKE HEALTH INSURANCE COVERAGE OFFERED  3,547        

THROUGH THE ASSOCIATION AVAILABLE OTHER THAN IN CONNECTION WITH A  3,548        

MEMBER OF THE ASSOCIATION; AND MEETS ANY OTHER REQUIREMENT         3,549        

IMPOSED BY THE SUPERINTENDENT.  TO MAINTAIN ITS STATUS AS A "BONA  3,550        

FIDE ASSOCIATION," EACH ASSOCIATION SHALL ANNUALLY CERTIFY TO THE  3,551        

SUPERINTENDENT THAT IT MEETS THE REQUIREMENTS OF THIS PARAGRAPH.   3,552        

      Sec. 3924.031.  (A)  AS USED IN THIS SECTION AND SECTION     3,555        

3924.032 OF THE REVISED CODE:                                      3,557        

      (1)  "HEALTH STATUS-RELATED FACTOR" MEANS ANY OF THE         3,559        

FOLLOWING:                                                         3,560        

      (a)  HEALTH STATUS;                                          3,562        

      (b)  MEDICAL CONDITION, INCLUDING BOTH PHYSICAL AND MENTAL   3,565        

ILLNESSES;                                                                      

      (c)  CLAIMS EXPERIENCE;                                      3,567        

      (d)  RECEIPT OF HEALTH CARE;                                 3,569        

      (e)  MEDICAL HISTORY;                                        3,571        

      (f)  GENETIC INFORMATION;                                    3,573        

      (g)  EVIDENCE OF INSURABILITY, INCLUDING CONDITIONS ARISING  3,576        

OUT OF ACTS OF DOMESTIC VIOLENCE;                                               

      (h)  DISABILITY.                                             3,578        

      (2)  "NETWORK PLAN" MEANS A HEALTH BENEFIT PLAN OF A         3,580        

CARRIER UNDER WHICH THE FINANCING AND DELIVERY OF MEDICAL CARE,    3,581        

INCLUDING ITEMS AND SERVICES PAID FOR AS MEDICAL CARE, ARE         3,582        

PROVIDED, IN WHOLE OR IN PART, THROUGH A DEFINED SET OF PROVIDERS  3,584        

UNDER CONTRACT WITH THE CARRIER.                                                

      (B)  IF A CARRIER OFFERS A HEALTH BENEFIT PLAN IN THE SMALL  3,587        

EMPLOYER MARKET THROUGH A NETWORK PLAN, THE CARRIER MAY DO BOTH    3,588        

OF THE FOLLOWING:                                                               

      (1)  LIMIT THE SMALL EMPLOYERS THAT MAY APPLY FOR SUCH       3,590        

COVERAGE TO THOSE WITH ELIGIBLE EMPLOYEES WHO LIVE, WORK, OR       3,591        

RESIDE IN THE SERVICE AREA OF THE NETWORK PLAN;                    3,592        

      (2)  WITHIN THE SERVICE AREA OF THE NETWORK PLAN, DENY THE   3,594        

COVERAGE TO SMALL EMPLOYERS IF THE CARRIER HAS DEMONSTRATED BOTH   3,595        

OF THE FOLLOWING TO THE SUPERINTENDENT OF INSURANCE:               3,596        

                                                          77     

                                                                 
      (a)  THE CARRIER WILL NOT HAVE THE CAPACITY TO DELIVER       3,599        

SERVICES ADEQUATELY TO THE MEMBERS OF ANY ADDITIONAL GROUPS        3,600        

BECAUSE OF THE CARRIER'S OBLIGATIONS TO EXISTING GROUP CONTRACT    3,601        

HOLDERS AND MEMBERS.                                                            

      (b)  THE CARRIER IS APPLYING DIVISION (B)(2) OF THIS         3,604        

SECTION UNIFORMLY TO ALL SMALL EMPLOYERS WITHOUT REGARD TO THE     3,605        

CLAIMS EXPERIENCE OF THOSE EMPLOYERS AND THEIR ELIGIBLE EMPLOYEES  3,606        

AND DEPENDENTS OR TO ANY HEALTH STATUS-RELATED FACTOR RELATING TO  3,607        

SUCH EMPLOYEES AND DEPENDENTS.                                     3,608        

      (C)  A CARRIER THAT, PURSUANT TO DIVISION (B)(2) OF THIS     3,612        

SECTION, DENIES COVERAGE TO A SMALL EMPLOYER IN THE SERVICE AREA   3,613        

OF A NETWORK PLAN, SHALL NOT OFFER COVERAGE IN THE SMALL EMPLOYER  3,614        

MARKET WITHIN THAT SERVICE AREA FOR AT LEAST ONE HUNDRED EIGHTY    3,615        

DAYS AFTER THE DATE THE COVERAGE IS DENIED.                        3,616        

      Sec. 3924.032.  (A)  A CARRIER MAY REFUSE TO ISSUE HEALTH    3,619        

BENEFIT PLANS IN THE SMALL EMPLOYER MARKET IF THE CARRIER HAS      3,620        

DEMONSTRATED BOTH OF THE FOLLOWING TO THE SUPERINTENDENT OF        3,621        

INSURANCE:                                                                      

      (1)  THE CARRIER DOES NOT HAVE THE FINANCIAL RESERVES        3,623        

NECESSARY TO UNDERWRITE ADDITIONAL COVERAGE.                       3,624        

      (2) THE CARRIER IS APPLYING DIVISION (A) OF THIS SECTION     3,627        

UNIFORMLY TO ALL EMPLOYERS IN THE SMALL EMPLOYER MARKET IN THIS    3,628        

STATE CONSISTENT WITH THE APPLICABLE LAWS AND RULES OF THIS STATE  3,629        

AND WITHOUT REGARD TO THE CLAIMS EXPERIENCE OF THOSE EMPLOYERS     3,630        

AND THEIR EMPLOYEES AND DEPENDENTS OR TO ANY HEALTH                3,631        

STATUS-RELATED FACTOR RELATING TO SUCH EMPLOYEES AND DEPENDENTS.   3,632        

      (B)  A CARRIER THAT, PURSUANT TO DIVISION (A) OF THIS        3,636        

SECTION, REFUSES TO ISSUE HEALTH BENEFIT PLANS IN THE SMALL                     

EMPLOYER MARKET, SHALL NOT OFFER HEALTH BENEFIT PLANS IN THE       3,637        

SMALL EMPLOYER MARKET IN THIS STATE FOR AT LEAST ONE HUNDRED       3,638        

EIGHTY DAYS AFTER THE DATE THE COVERAGE IS DENIED OR UNTIL THE     3,639        

CARRIER HAS DEMONSTRATED TO THE SUPERINTENDENT THAT THE CARRIER    3,640        

HAS SUFFICIENT FINANCIAL RESERVES TO UNDERWRITE ADDITIONAL         3,641        

COVERAGE, WHICHEVER IS LATER.                                      3,642        

                                                          78     

                                                                 
      (C)  THE SUPERINTENDENT MAY PROVIDE FOR THE APPLICATION OF   3,645        

THIS SECTION ON A SERVICE-AREA-SPECIFIC BASIS.                     3,646        

      Sec. 3924.033.  (A)  EACH CARRIER, IN CONNECTION WITH THE    3,649        

OFFERING OF A HEALTH BENEFIT PLAN TO A SMALL EMPLOYER, SHALL       3,650        

DISCLOSE TO THE EMPLOYER, AS PART OF ITS SOLICITATION AND SALES    3,651        

MATERIALS, THAT THE INFORMATION DESCRIBED IN DIVISION (B) OF THIS  3,652        

SECTION IS AVAILABLE UPON REQUEST.                                 3,653        

      (B)  A CARRIER SHALL PROVIDE THE FOLLOWING INFORMATION TO A  3,656        

SMALL EMPLOYER UPON REQUEST:                                       3,657        

      (1)  THE PROVISIONS OF THE PLAN CONCERNING THE CARRIER'S     3,660        

RIGHT TO CHANGE PREMIUM RATES AND THE FACTORS THAT MAY AFFECT      3,661        

CHANGES IN PREMIUM RATES;                                                       

      (2)  THE PROVISIONS OF THE PLAN RELATING TO RENEWABILITY OF  3,664        

COVERAGE;                                                                       

      (3)  THE PROVISIONS OF THE PLAN RELATING TO ANY              3,666        

PRE-EXISTING CONDITION EXCLUSION;                                  3,667        

      (4)  THE BENEFITS AND PREMIUMS AVAILABLE UNDER ALL HEALTH    3,670        

BENEFIT PLANS FOR WHICH THE EMPLOYER IS QUALIFIED.                              

      (C)  THE INFORMATION DESCRIBED IN DIVISION (B) OF THIS       3,674        

SECTION SHALL BE PROVIDED IN A MANNER DETERMINED TO BE                          

UNDERSTANDABLE BY THE AVERAGE SMALL EMPLOYER, AND IN A MANNER      3,675        

SUFFICIENT TO REASONABLY INFORM A SMALL EMPLOYER REGARDING THE     3,676        

EMPLOYER'S RIGHTS AND OBLIGATIONS UNDER THE HEALTH BENEFIT PLAN.   3,678        

      (D)  NOTHING IN THIS SECTION REQUIRES A CARRIER TO DISCLOSE  3,681        

ANY INFORMATION THAT IS BY LAW PROPRIETARY AND TRADE SECRET        3,682        

INFORMATION.                                                                    

      Sec. 3924.07.  (A)  There is hereby established a nonprofit  3,691        

entity to be known as the "Ohio small employer health reinsurance  3,693        

program."  Any carrier issuing health benefit plans in this state  3,694        

on or after April 14, 1993, may be a member of the program.        3,695        

      (B)  A carrier may elect to be a member of the program by    3,697        

filing a written intention to participate with the superintendent  3,699        

of insurance at least thirty days prior to the implementation of   3,700        

the program.  Any carrier that does not file a written intention   3,701        

                                                          79     

                                                                 
to participate within that time period may not participate for     3,702        

three years after April 14, 1993, and may file an intention to     3,704        

participate only at that time or on any subsequent three-year      3,705        

anniversary date.  However, the superintendent may permit a        3,706        

carrier to participate in the program at other intervals for       3,707        

reasons based on financial solvency.                                            

      (C)  THE BOARD OF DIRECTORS OF THE PROGRAM MAY PERMIT A      3,709        

CARRIER TO PARTICIPATE IN THE PROGRAM AT ANY TIME FOR GOOD CAUSE   3,710        

SHOWN.  THE BOARD SHALL ESTABLISH AN APPLICATION PROCESS FOR       3,711        

CARRIERS SEEKING TO CHANGE THEIR STATUS UNDER THIS DIVISION.       3,712        

      Sec. 3924.08.  (A)  The board of directors of the Ohio       3,721        

small employer health reinsurance program shall consist of nine    3,722        

appointed members who shall serve staggered terms as determined    3,723        

by the initial board for its members and by the plan of operation  3,724        

of the program for members of subsequent boards.  Within thirty    3,725        

days after April 14, 1993, the members of the board shall be       3,726        

appointed, as follows:                                             3,727        

      (1)  The chairperson of the senate committee having          3,729        

jurisdiction over insurance shall appoint the following members:   3,730        

      (a)  Two member carriers that are small employer carriers;   3,732        

      (b)  One member carrier that is a health maintenance         3,734        

organization predominantly in the small employer market;           3,735        

      (c)  One representative of providers of health care.         3,737        

      (2)  The chairperson of the committee in the house of        3,739        

representatives having jurisdiction over insurance shall appoint   3,740        

the following members:                                             3,741        

      (a)  One member carrier that is a small employer carrier;    3,743        

      (b)  One member carrier whose principal health insurance     3,745        

business is in the large employer market;                          3,746        

      (c)  One representative of an employer with fifty or fewer   3,748        

employees;                                                         3,749        

      (d)  One representative of consumers in this state.          3,751        

      (3)  The superintendent OF INSURANCE shall appoint a         3,753        

representative of a member carrier operating in the small          3,755        

                                                          80     

                                                                 
employer market who is a fellow of the society of actuaries.       3,756        

      The superintendent, a member of the house of                 3,758        

representatives appointed by the speaker of the house of           3,759        

representatives, and a member of the senate appointed by the       3,760        

president of the senate, shall be ex-officio members of the        3,761        

board.  The membership of all boards subsequent to the initial     3,762        

board shall reflect the distribution described in division (A) of  3,764        

this section.                                                                   

      The chairperson of the initial board and each subsequent     3,766        

board shall represent a small employer member carrier and shall    3,767        

be elected by a majority of the voting members of the board.       3,768        

Each chairperson shall serve for the maximum duration established  3,769        

in the plan of operation.                                          3,770        

      (B)  Within one hundred eighty days after the appointment    3,772        

of the initial board, the board shall establish a plan of          3,773        

operation and, thereafter, any amendments to the plan that are     3,774        

necessary or suitable, to assure the fair, reasonable, and         3,775        

equitable administration of the program.  The board shall,         3,776        

immediately upon adoption, provide to the superintendent copies    3,777        

of the plan of operation and all subsequent amendments to it.      3,778        

      (C)  The plan of operation shall establish rules,            3,780        

conditions, and procedures for all of the following:               3,781        

      (1)  The handling and accounting of assets and moneys of     3,783        

the program and for an annual fiscal reporting to the              3,784        

superintendent;                                                    3,785        

      (2)  Filling vacancies on the board;                         3,787        

      (3)  Selecting an administering insurer, which shall be a    3,789        

carrier as defined in section 3924.01 of the Revised Code, and     3,790        

setting forth the powers and duties of the administering insurer;  3,791        

      (4)  Reinsuring risks in accordance with sections 3924.07    3,793        

to 3924.14 of the Revised Code;                                    3,794        

      (5)  Collecting assessments subject to section 3924.13 of    3,796        

the Revised Code from all members to provide for claims reinsured  3,797        

by the program and for administrative expenses incurred or         3,798        

                                                          81     

                                                                 
estimated to be incurred during the period for which the           3,799        

assessment is made;                                                3,800        

      (6)  Providing protection for carriers from the financial    3,802        

risk associated with small employers that present poor credit      3,803        

risks;                                                             3,804        

      (7)  Establishing standards for the coverage of small        3,806        

employers that have a high turnover of employees;                  3,807        

      (8)  Establishing an appeals process for carriers to seek    3,809        

relief when a carrier has experienced an unfair share of           3,810        

administrative and credit risks;                                   3,811        

      (9)  Establishing the adjusted average market premium        3,813        

prices for use by the SEHC plan for INDIVIDUALS, FOR groups of     3,815        

two to twenty-five employees, and for groups of twenty-six to      3,816        

fifty employees that are offered in the state;                     3,817        

      (10)  Establishing participation standards at issue and      3,819        

renewal for reinsured cases;                                       3,820        

      (11)  Reinsuring risks and collecting assessments in         3,822        

accordance with division (G) of section 3924.11 of the Revised     3,823        

Code;                                                              3,824        

      (12)  Any additional matters as determined by the board.     3,826        

      Sec. 3924.09.  The Ohio small employer health reinsurance    3,835        

program shall have the general powers and authority granted under  3,836        

the laws of the state to insurance companies licensed to transact  3,837        

sickness and accident insurance, except the power to issue         3,838        

insurance.  The board of directors of the program also shall have  3,839        

the specific authority to do all of the following:                 3,840        

      (A)  Enter into contracts as are necessary or proper to      3,842        

carry out the provisions and purposes of sections 3924.07 to       3,843        

3924.14 of the Revised Code, including the authority to enter      3,844        

into contracts with similar programs of other states for the       3,845        

joint performance of common functions, or with persons or other    3,846        

organizations for the performance of administrative functions;     3,847        

      (B)  Sue or be sued, including taking any legal actions      3,849        

necessary or proper for recovery of any assessments for, on        3,850        

                                                          82     

                                                                 
behalf of, or against any program or board member;                 3,851        

      (C)  Take such legal action as is necessary to avoid the     3,853        

payment of improper claims against the program;                    3,854        

      (D)  Design the SEHC plan which, when offered by a carrier,  3,856        

is eligible for reinsurance and issue reinsurance policies in      3,857        

accordance with the requirements of sections 3924.07 to 3924.14    3,858        

of the Revised Code;                                               3,859        

      (E)  Establish rules, conditions, and procedures pertaining  3,861        

to the reinsurance of members' risks by the program;               3,862        

      (F)  Establish appropriate rates, rate schedules, rate       3,864        

adjustments, rate classifications, and any other actuarial         3,865        

functions appropriate to the operation of the program;             3,866        

      (G)  Assess members in accordance with division (G) of       3,869        

section 3924.11 and the provisions of section 3924.13 of the       3,870        

Revised Code, and make such advance interim assessments as may be  3,871        

reasonable and necessary for organizational and interim operating  3,872        

expenses.  Any interim assessments shall be credited as offsets    3,873        

against any regular assessments due following the close of the     3,874        

calendar year.                                                                  

      (H)  Appoint members to appropriate legal, actuarial, and    3,876        

other committees if necessary to provide technical assistance      3,877        

with respect to the operation of the program, policy and other     3,878        

contract design, and any other function within the authority of    3,879        

the program;                                                       3,880        

      (I)  Borrow money to effect the purposes of the program.     3,882        

Any notes or other evidence of indebtedness of the program not in  3,883        

default shall be legal investments for carriers and may be         3,884        

carried as admitted assets.                                        3,885        

      (J)  Reinsure risks, collect assessments, and otherwise      3,887        

carry out its duties under division (G) of section 3924.11 of the  3,888        

Revised Code.;                                                     3,889        

      (K)  Study the operation of the Ohio small employer health   3,892        

reinsurance program and the open enrollment reinsurance program    3,893        

and, based on its findings, make legislative recommendations to    3,894        

                                                          83     

                                                                 
the general assembly for improvements in the effectiveness,        3,895        

operation, and integrity of the programs;                                       

      (L)  DESIGN A BASIC AND STANDARD PLAN FOR PURPOSES OF        3,897        

SECTIONS 1742.13, 3923.122, AND 3923.581 OF THE REVISED CODE.      3,898        

      Sec. 3924.10.  (A)  The board of directors of the Ohio       3,907        

small employer health reinsurance program shall design the SEHC    3,908        

plan which, when offered by a carrier, is eligible for             3,909        

reinsurance under the program.  The board shall establish the      3,910        

form and level of coverage to be made available by carriers in     3,911        

their SEHC plan.  In designing the plan the board shall also       3,913        

establish benefit levels, deductibles, coinsurance factors,                     

exclusions, and limitations for the plan.  The forms and levels    3,914        

of coverage established by the board shall specify which           3,915        

components of a health benefit plan offered by a small employer    3,916        

carrier may be reinsured.  The SEHC plan is subject to division    3,918        

(C) of section 3924.02 of the Revised Code and to the provisions   3,919        

in Chapters 1751., 3923., and any other chapter of the Revised     3,921        

Code that require coverage or the offer of coverage of a health    3,922        

care service or benefit.                                                        

      (B)  The board shall adopt the SEHC plan within one hundred  3,925        

eighty days after its appointment.  The plan may include cost      3,926        

containment features including any of the following:                            

      (1)  Utilization review of health care services, including   3,928        

review of the medical necessity of hospital and physician          3,929        

services;                                                          3,930        

      (2)  Case management benefit alternatives;                   3,932        

      (3)  Selective contracting with hospitals, physicians, and   3,934        

other health care providers;                                       3,935        

      (4)  Reasonable benefit differentials applicable to          3,937        

participating and nonparticipating providers;                      3,938        

      (5)  Employee assistance program options that provide        3,940        

preventive and early intervention mental health and substance      3,941        

abuse services;                                                    3,942        

      (6)  Other provisions for the cost-effective management of   3,944        

                                                          84     

                                                                 
the plan.                                                          3,945        

      (C)  An SEHC plan established for use by health insuring     3,948        

corporations shall be consistent with the basic method of          3,950        

operation of such corporations.                                                 

      (D)  Each carrier shall certify to the superintendent of     3,952        

insurance, in the form and manner prescribed by the                3,953        

superintendent, that the SEHC plan filed by the carrier is in      3,955        

substantial compliance with the provisions of the board SEHC       3,956        

plan.  Upon receipt by the superintendent of the certification,    3,957        

the carrier may use the certified plan.                                         

      (E)  Each carrier shall, on and after sixty days after the   3,959        

date that the program becomes operational and as a condition of    3,960        

transacting business in this state, renew coverage provided to     3,961        

any individual or group under its SEHC plan.                       3,962        

      (F)  A carrier shall not be required to renew coverage       3,964        

where the superintendent finds that renewal of coverage would      3,965        

place the carrier in a financially impaired condition.  The        3,966        

superintendent shall determine when the carrier is no longer       3,967        

financially impaired and is, therefore, subject to the guaranteed  3,968        

renewability requirements.                                         3,969        

      Sec. 3924.11.  Any member of the Ohio small employer health  3,978        

reinsurance program may reinsure small employer groups or          3,979        

individuals in accordance with the following conditions and        3,980        

limitations:                                                       3,981        

      (A)  With respect to eligible employees and their            3,983        

dependents who are hired subsequent to the commencement of the     3,984        

employer's coverage by a carrier and who are not late enrollees,   3,985        

and with respect to employees of an employer who are otherwise     3,986        

eligible for insurance but were excluded by the carrier's          3,987        

underwriting and who are not late enrollees, coverage may be       3,988        

reinsured in either ANY of the following ways:                     3,989        

      (1)  Except in the case of late enrollees, within sixty      3,991        

days after the commencement of their coverage under the plan;      3,992        

      (2)  In the case of late enrollees WHO WERE NOT ELIGIBLE TO  3,995        

                                                          85     

                                                                 
ENROLL DURING A SPECIAL ENROLLMENT PERIOD DESCRIBED IN SECTION     3,996        

2701(f) OF THE "HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY    3,999        

ACT OF 1996," PUB. L. NO. 104-191, 110 STAT. 1955, 42 U.S.C.A.     4,001        

300gg-42, AS AMENDED, eighteen months after the date the late      4,003        

enrollee becomes a member of the small employer's plan;            4,004        

      (3)  IN THE CASE OF LATE ENROLLEES WHO WERE ELIGIBLE TO      4,006        

ENROLL DURING A SPECIAL ENROLLMENT PERIOD DESCRIBED IN SECTION     4,008        

2701(f) OF THE "HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY    4,011        

ACT OF 1996," AS AMENDED, WITHIN SIXTY DAYS AFTER THE              4,012        

COMMENCEMENT OF THEIR COVERAGE UNDER THE PLAN.                     4,013        

      (B)(1)  The carrier may reinsure either the entire eligible  4,016        

group or any eligible individual, in accordance with the premium   4,018        

rates established in section 3924.12 of the Revised Code, upon     4,020        

commencement of the coverage.                                                   

      (2)  The carrier may reinsure an eligible employee, or the   4,023        

dependents of an eligible employee, who were previously excluded   4,024        

from group coverage for medical reasons, and shall reinsure such   4,025        

employees or dependents within sixty days after the carrier is     4,026        

required to include them in the group coverage.                                 

      (C)  With respect to an SEHC plan, the program shall         4,029        

reinsure the level of coverage provided.                                        

      (D)  With respect to other plans issued to small employers,  4,031        

the program shall reinsure the level of coverage provided up to,   4,032        

but not exceeding, the level of coverage provided in an SEHC       4,033        

plan.  In the coverage provided to small employers, carriers       4,034        

shall be required to use high-cost care management, hospital       4,035        

precertification techniques, and other cost containment            4,036        

mechanisms established by the program.                             4,037        

      (E)  A carrier may not reinsure existing business, except    4,039        

pursuant to division (A) of this section.                          4,040        

      (F)  If an employer group is covered under a plan other      4,042        

than an SEHC plan and the carrier chooses to reinsure the group    4,043        

subsequent to the initial coverage period, or if a new individual  4,044        

joins the group and the carrier wants to reinsure that             4,045        

                                                          86     

                                                                 
individual, the carrier shall not force the employer to change to  4,047        

an SEHC plan.  The carrier shall allow the employer to maintain    4,048        

the same benefit plan and reinsure only that portion of the plan   4,049        

that is consistent with an SEHC plan.                                           

      (G)  With respect to coverage provided to a small employer   4,051        

group or AN individual acquired under section 3923.58 OR A         4,052        

FEDERALLY ELIGIBLE INDIVIDUAL ACQUIRED UNDER SECTION 3923.581 of   4,053        

the Revised Code, the following conditions and limitations apply:  4,055        

      (1)  Within sixty days after the commencement of the         4,058        

initial coverage, any carrier may reinsure coverage of an entire   4,059        

small employer group, or of eligible employees or dependents of    4,060        

such group, or any SUCH AN individual acquired under section       4,061        

3923.58 of the Revised Code with the OPEN ENROLLMENT REINSURANCE   4,063        

program IN ACCORDANCE WITH DIVISION (G) OF THIS SECTION.  A        4,065        

carrier may reinsure, within sixty days after the effective date   4,067        

of coverage, an employee eligible for coverage under section       4,069        

3923.58 of the Revised Code.  Premium rates charged for coverage   4,070        

reinsured by the program shall be established in accordance with   4,071        

section 3924.12 of the Revised Code.                               4,072        

      (2)  The board of directors of the OHIO HEALTH REINSURANCE   4,075        

program shall establish the open enrollment reinsurance fund for   4,076        

coverage provided under section 3923.58 of the Revised Code AND,   4,077        

WITH RESPECT TO FEDERALLY ELIGIBLE INDIVIDUALS, COVERAGE PROVIDED  4,079        

UNDER SECTION 3923.581 OF THE REVISED CODE.  The fund shall be     4,080        

maintained separately from any reinsurance fund established for    4,081        

small employer health care plans issued pursuant to sections                    

3924.07 to 3924.14 of the Revised Code.  The board shall           4,082        

calculate, on a retrospective basis, the amount needed for         4,083        

maintenance of the open enrollment reinsurance fund and, on the    4,084        

basis of that calculation, shall determine the amount to be        4,085        

assessed each carrier that is required to provide open enrollment  4,086        

coverage.                                                          4,087        

      Assessments shall be apportioned by the board among all      4,089        

carriers participating in the open enrollment reinsurance program  4,090        

                                                          87     

                                                                 
in proportion to their respective shares of the total premiums,    4,091        

net of reinsurance premiums paid by a carrier for open enrollment  4,092        

coverage and net of reinsurance premiums paid by the carrier for   4,093        

all other small group and individual health benefit plans, earned  4,094        

in this state from all health benefit plans covering small         4,095        

employers and individuals that are issued by all such carriers     4,096        

during the calendar year coinciding with or ending during the      4,097        

fiscal year of the open enrollment program, or on any other        4,098        

equitable basis reflecting coverage of small employers and         4,099        

individuals in this state as may be provided in the plan of        4,100        

operation adopted by the board.  In no event shall the assessment  4,101        

of any carrier under this section exceed, on an annual basis,      4,103        

three per cent of its Ohio premiums for health benefit plans       4,104        

covering small employers and individuals as reported on its most   4,105        

recent annual statement filed with the superintendent of           4,106        

insurance.                                                                      

      The board shall submit its determination of the amount of    4,108        

the assessment to the superintendent for review of the accuracy    4,110        

of the calculation of the assessment.  Upon approval by the        4,111        

superintendent, each carrier shall, within thirty days after       4,112        

receipt of the notice of assessment, submit the assessment to the  4,113        

board for purposes of the open enrollment reinsurance fund.        4,114        

      (3)  If the assessments made and collected pursuant to       4,116        

division (G)(2) of this section are not sufficient to pay the      4,117        

claims reinsured under division (G) of this section and the        4,118        

allocated administrative expenses, incurred or estimated to be     4,119        

incurred during the period for which the assessment was made, the  4,120        

secretary of the board shall immediately notify the                4,121        

superintendent, and the superintendent shall suspend the           4,122        

operation of open enrollment under section 3923.58 of the Revised  4,123        

Code AND, WITH RESPECT TO FEDERALLY ELIGIBLE INDIVIDUALS, UNDER    4,124        

SECTION 3923.581 OF THE REVISED CODE until the board has           4,125        

collected in subsequent years through assessments made pursuant    4,126        

to division (G)(2) of this section an amount sufficient to pay     4,127        

                                                          88     

                                                                 
such claims and administrative expenses.                                        

      (4)(a)  Any carrier that is subject to open enrollment       4,129        

under section 3923.58 of the Revised Code may elect not to         4,131        

participate in the open enrollment reinsurance program under       4,132        

division (G) of this section by filing an application with the     4,133        

superintendent and obtaining the superintendent's approval.  In    4,134        

determining whether to approve an application, the superintendent  4,135        

shall consider whether the carrier meets all of the following      4,136        

standards:                                                         4,137        

      (i)  Demonstration by the carrier of a substantial and       4,139        

established market presence;                                       4,140        

      (ii)  Demonstrated experience in the small employer group    4,142        

INDIVIDUAL market and history of rating and underwriting small     4,143        

employer groups INDIVIDUAL PLANS;                                  4,145        

      (iii)  Commitment to comply with the requirements of         4,147        

section 3923.58 of the Revised Code;                               4,148        

      (iv)  Financial ability to assume and manage the risk of     4,150        

enrolling open enrollment groups and individuals without the need  4,151        

for, or protection of, reinsurance.                                4,152        

      (b)  A carrier whose application for nonparticipation has    4,154        

been rejected by the superintendent may appeal the decision in     4,155        

accordance with Chapter 119. of the Revised Code.  A carrier that  4,156        

has received approval of the superintendent not to participate in  4,157        

the open enrollment reinsurance program shall, on or before the    4,158        

first day of December, annually certify to the superintendent      4,159        

that it continues to meet the standards described in division      4,160        

(G)(4)(a) of this section.                                         4,161        

      (c)  In any year subsequent to the year in which its         4,163        

application not to participate has been approved, a carrier may    4,164        

elect to participate in the open enrollment reinsurance program    4,165        

by giving notice to the superintendent and board on or before the  4,166        

thirty-first day of December.  If, after a period of               4,167        

nonparticipation, a carrier elects to participate in the open      4,168        

enrollment reinsurance program, the carrier retains the risks it   4,169        

                                                          89     

                                                                 
assumed during the period when it was not participating.           4,170        

      (d)  The superintendent may, at any time, authorize a        4,172        

carrier to modify an election not to participate if the risk from  4,173        

the carrier's open enrollment business jeopardizes the financial   4,174        

condition of the carrier.  If the superintendent authorizes the    4,175        

carrier to again participate in the open enrollment reinsurance    4,176        

program, the carrier shall retain the risks it assumed during the  4,177        

period of nonparticipation.                                        4,178        

      (5)  At the time of acquiring a small employer group, a      4,180        

carrier shall determine whether to reinsure the entire group or    4,181        

any individual pursuant to section 3924.12 of the Revised Code.    4,182        

      (6)(a)  The open enrollment reinsurance program shall be     4,185        

operated separately from the Ohio small employer health            4,186        

reinsurance program.                                                            

      (b)  A carrier's election to participate in the open         4,188        

enrollment reinsurance program under division (G) of this section  4,190        

shall not be construed as an election to participate in the Ohio   4,191        

small employer health reinsurance program under section 3924.07    4,192        

of the Revised Code.                                                            

      Sec. 3924.111.  (A)  The Ohio small employer health          4,203        

reinsurance program shall not provide reinsurance for any          4,204        

individual reinsured under the program until five thousand         4,205        

dollars in benefit payments have been made by a member of the      4,206        

program for services provided to that individual during a                       

calendar year, which payments would have been reimbursed through   4,207        

the program but for the five-thousand-dollar deductible.  The      4,208        

member shall retain ten per cent of the next fifty thousand        4,209        

dollars of benefit payments made during that calendar year, and    4,210        

the program shall reinsure the remainder.  However, a member's     4,211        

maximum liability under this section with respect to any one       4,212        

individual reinsured under the program shall not exceed ten        4,213        

thousand dollars in any one calendar year.                         4,214        

      (B)  The board of directors of the Ohio small employer       4,217        

health reinsurance program shall periodically review the           4,218        

                                                          90     

                                                                 
deductible amount and the maximum liability amount set forth in    4,219        

division (A) of this section and, considering the rate of          4,220        

inflation, adjust each amount as the board considers necessary.    4,221        

      Sec. 3924.12.  (A)  Except as provided in division (B) of    4,230        

this section, premium rates charged for coverage reinsured by the  4,231        

Ohio small employer health reinsurance program shall be            4,232        

established as follows:                                            4,233        

      (1)  For whole group reinsurance coverage, one and one-half  4,235        

times the adjusted average market premium price established by     4,236        

the program for that classification or group with similar          4,237        

characteristics and coverage, with respect to the eligible         4,238        

employees of a small employer and their dependents, all of whose   4,239        

coverage is reinsured with the program, minus a ceding expense     4,240        

factor determined by the board of directors of the program;        4,241        

      (2)  For individual reinsurance coverage, five times the     4,243        

adjusted average market premium price established by the program   4,244        

for an individual in that classification or group with similar     4,245        

characteristics and coverage, with respect to an eligible          4,246        

employee or the employee's dependents, minus a ceding expense      4,248        

factor determined by the board.                                    4,249        

      (B)  Premium rates charged for reinsurance by the program    4,251        

to a health insuring corporation that is approved by the           4,253        

secretary of health and human services as a federally qualified    4,254        

health maintenance organization pursuant to the "Social Security   4,255        

Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and as     4,256        

such is subject to requirements that limit the amount of risk      4,257        

that may be ceded to the program, may be modified to reflect the   4,258        

portion of risk that may be ceded to the program.                  4,259        

      Sec. 3924.13.  (A)  Following the close of each calendar     4,268        

year, the administering insurer of the Ohio small employer health  4,269        

reinsurance program shall determine the net premiums, the program  4,270        

expenses for administration, and the incurred losses, if any, for  4,271        

the year, taking into account investment income and other          4,272        

appropriate gains and losses.  For purposes of this section,       4,273        

                                                          91     

                                                                 
health benefit plan premiums earned by MEWAs shall be established  4,274        

by adding paid claim losses and administrative expenses of the     4,275        

MEWA.  Health benefit plan premiums and benefits paid by a         4,277        

carrier that are less than an amount determined by the board of    4,278        

directors of the program to justify the cost of collection shall   4,279        

not be considered for purposes of determining assessments.  For    4,280        

purposes of this division, "net premiums" means health benefit     4,281        

plan premiums, less administrative expense allowances.                          

      (B)  Any net loss for the year shall be recouped first by    4,283        

assessments of carriers in accordance with this division.          4,284        

Assessments shall be apportioned by the board among all carriers   4,285        

participating in the program in proportion to their respective     4,286        

shares of the total premiums, net of reinsurance premiums paid     4,287        

for coverage under this program earned in the state from health    4,288        

benefit plans covering small employers that are issued by          4,289        

participating members during the calendar year coinciding with or  4,290        

ending during the fiscal year of the program, or on any other      4,291        

equitable basis reflecting coverage of small employers as may be   4,292        

provided in the plan of operation.  An assessment shall be made    4,293        

pursuant to this division against a health insuring corporation    4,294        

that is approved by the secretary of health and human services as  4,297        

a federally qualified health maintenance organization pursuant to  4,298        

the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,   4,299        

as amended, subject to an assessment adjustment formula adopted    4,300        

by the board for such health insuring corporations that            4,301        

recognizes the restrictions imposed on the entities by federal     4,303        

law.  The adjustment formula shall be adopted by the board prior   4,305        

to the first anniversary of the program's operation.  In no event  4,306        

shall the assessment made pursuant to this division exceed, on an  4,307        

annual basis, one per cent of the carrier's Ohio small employer    4,309        

group premium as reported on its most recent annual statement      4,310        

filed with the superintendent of insurance.  If an excess is       4,311        

actuarially projected, the superintendent may take any action      4,312        

necessary to lower the assessment to the maximum level of one per  4,313        

                                                          92     

                                                                 
cent.                                                                           

      (C)  If assessments exceed actual losses and administrative  4,315        

expenses of the program, the excess shall be held at interest and  4,316        

used by the board to offset future losses or to reduce program     4,317        

premiums.  As used in this division, "future losses" includes      4,318        

reserves for incurred but not reported claims.                     4,319        

      (D)  Each carrier's proportion of participation in the       4,321        

program shall be determined annually by the board based on annual  4,323        

statements and other reports deemed necessary by the board and     4,324        

filed by the carrier with the board.  MEWAs shall report to the    4,325        

board claims payments made and administrative expenses incurred    4,326        

in this state on an annual basis on a form prescribed by the       4,327        

superintendent.                                                                 

      (E)  Provision shall be made in the plan of operation for    4,329        

the imposition of an interest penalty for late payment of          4,330        

assessments.                                                       4,331        

      (F)  A carrier may seek from the superintendent a            4,333        

deferment, in whole or in part, from any assessment issued by the  4,334        

board.  The superintendent may defer, in whole or in part, the     4,335        

assessment of a carrier if, in the opinion of the superintendent,  4,336        

payment of the assessment would endanger the carrier's ability to  4,337        

fulfill its contractual obligations.                               4,338        

      (G)  In the event an assessment against a carrier is         4,340        

deferred in whole or in part, the amount by which the assessment   4,341        

is deferred may be assessed against the other carriers in a        4,342        

manner consistent with the basis for assessments set forth in      4,343        

this section.  In such event, the other carriers assessed shall    4,344        

have a claim in the amount of the assessment against the carrier   4,345        

receiving the deferment.  The carrier receiving the deferment      4,346        

shall remain liable to the program for the amount deferred.  The   4,347        

superintendent may attach appropriate conditions to any            4,348        

deferment.                                                         4,349        

      Sec. 3924.14.  Neither the participation as members of the   4,358        

Ohio small employer health reinsurance program or as members of    4,359        

                                                          93     

                                                                 
the board of directors of the program, the establishment of        4,361        

rates, forms, or procedures for coverage issued by the program,    4,362        

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  4,363        

legal action or any criminal or civil liability or penalty         4,364        

against the program, the board, or any of its members either       4,365        

jointly or separately.                                                          

      Sec. 3924.27.  (A)  AS USED IN THIS SECTION:                 4,368        

      (1)  "CARRIER," "DEPENDENT," AND "HEALTH BENEFIT PLAN" HAVE  4,370        

THE SAME MEANINGS AS IN SECTION 3924.01 OF THE REVISED CODE.       4,371        

      (2)  "HEALTH STATUS-RELATED FACTOR" MEANS ANY OF THE         4,373        

FOLLOWING:                                                         4,374        

      (a)  HEALTH STATUS;                                          4,376        

      (b)  MEDICAL CONDITION, INCLUDING BOTH PHYSICAL AND MENTAL   4,379        

ILLNESSES;                                                                      

      (c)  CLAIMS EXPERIENCE;                                      4,381        

      (d)  RECEIPT OF HEALTH CARE;                                 4,383        

      (e)  MEDICAL HISTORY;                                        4,385        

      (f)  GENETIC INFORMATION;                                    4,387        

      (g)  EVIDENCE OF INSURABILITY, INCLUDING CONDITIONS ARISING  4,390        

OUT OF ACTS OF DOMESTIC VIOLENCE;                                               

      (h)  DISABILITY.                                             4,392        

      (B)  NO GROUP HEALTH BENEFIT PLAN, OR CARRIER OFFERING       4,394        

HEALTH INSURANCE COVERAGE IN CONNECTION WITH A GROUP HEALTH        4,395        

BENEFIT PLAN, SHALL REQUIRE ANY INDIVIDUAL, AS A CONDITION OF      4,396        

ENROLLMENT OR CONTINUED ENROLLMENT UNDER THE PLAN, TO PAY A        4,397        

PREMIUM OR CONTRIBUTION THAT IS GREATER THAN THE PREMIUM OR        4,398        

CONTRIBUTION FOR A SIMILARLY SITUATED INDIVIDUAL ENROLLED IN THE   4,399        

PLAN ON THE BASIS OF ANY HEALTH STATUS-RELATED FACTOR IN RELATION  4,400        

TO THE INDIVIDUAL OR TO AN INDIVIDUAL ENROLLED UNDER THE PLAN AS   4,401        

A DEPENDENT OF THE INDIVIDUAL.                                     4,402        

      (C)  NOTHING IN DIVISION (B) OF THIS SECTION SHALL BE        4,406        

CONSTRUED TO RESTRICT THE AMOUNT THAT AN EMPLOYER MAY BE CHARGED   4,407        

FOR COVERAGE UNDER A GROUP HEALTH BENEFIT PLAN, OR TO PREVENT A    4,408        

                                                          94     

                                                                 
GROUP HEALTH BENEFIT PLAN, AND A CARRIER OFFERING GROUP HEALTH     4,409        

INSURANCE COVERAGE, FROM ESTABLISHING PREMIUM DISCOUNTS OR         4,410        

REBATES OR MODIFYING OTHERWISE APPLICABLE COPAYMENTS OR            4,411        

DEDUCTIBLES IN RETURN FOR ADHERENCE TO PROGRAMS OF HEALTH          4,412        

PROMOTION AND DISEASE PREVENTION.                                               

      Sec. 3924.51.  (A)  As used in this section:                 4,421        

      (1)  "Child" means, in connection with any adoption or       4,423        

placement for adoption of the child, an individual who has not     4,424        

attained age eighteen as of the date of the adoption or placement  4,425        

for adoption.                                                      4,426        

      (2)  "Health insurer" has the same meaning as in section     4,428        

3924.41 of the Revised Code.                                       4,429        

      (3)  "Placement for adoption" means the assumption and       4,431        

retention by a person of a legal obligation for total or partial   4,432        

support of a child in anticipation of the adoption of the child.   4,433        

The child's placement with a person terminates upon the            4,434        

termination of that legal obligation.                              4,435        

      (B)  If an individual or group health plan of a health       4,437        

insurer provides MAKES coverage AVAILABLE for dependent children   4,439        

of participants or beneficiaries, the plan shall provide benefits  4,440        

to dependent children placed with participants or beneficiaries    4,441        

for adoption under the same terms and conditions as apply to the   4,442        

natural, dependent children of the participants and                             

beneficiaries, irrespective of whether the adoption has become     4,443        

final.                                                             4,444        

      (C)  A health plan described in division (B) of this         4,446        

section shall not restrict coverage under the plan of any          4,448        

dependent child adopted by a participant or beneficiary, or        4,449        

placed with a participant or beneficiary for adoption, solely on   4,450        

the basis of a pre-existing condition of the child at the time     4,451        

that the child would otherwise become eligible for coverage under  4,452        

the plan, if the adoption or placement for adoption occurs while   4,453        

the participant or beneficiary is eligible for coverage under the  4,454        

plan.                                                                           

                                                          95     

                                                                 
      Sec. 3924.61.  As used in sections 3924.61 to 3924.74 of     4,463        

the Revised Code:                                                  4,464        

      (A)  "Account holder" means the natural person who opens a   4,467        

medical savings account or on whose behalf a medical savings       4,468        

account is opened.                                                              

      (B)  "Eligible medical expense" means any expense for a      4,471        

service rendered by a licensed health care provider or a           4,472        

Christian Science practitioner, or for an article, device, or      4,473        

drug prescribed by a licensed health care provider or provided by  4,474        

a Christian Science practitioner, when intended for use in the     4,476        

mitigation, treatment, or prevention of disease; ANY AMOUNT PAID   4,477        

FOR TRANSPORTATION TO THE LOCATION AT WHICH SUCH A SERVICE IS      4,478        

RENDERED; ANY AMOUNT PAID FOR LODGING NECESSITATED BY THE RECEIPT  4,479        

OF CARE AT A NONLOCAL HOSPITAL; or premiums paid for               4,480        

comprehensive sickness and accident insurance, coverage under a    4,482        

health care plan of a health insuring corporation organized under  4,483        

Chapter 1751. of the Revised Code, long-term care insurance as     4,485        

defined in section 3923.41 of the Revised Code, Medicare MEDICARE  4,486        

supplemental coverage as defined in section 3923.33 of the         4,488        

Revised Code, or payments made pursuant to cost sharing            4,489        

agreements under comprehensive sickness and accident plans.  An    4,490        

"eligible medical expense" does not include expenses otherwise     4,491        

paid or reimbursed, including medical expenses paid or reimbursed  4,492        

under an automobile or motor vehicle insurance policy, a workers'  4,493        

compensation insurance policy or plan, or an employer-sponsored    4,494        

health coverage policy, plan, or contract.                                      

      (C)  "Qualified dependent" means a child of an account       4,497        

holder when any of the following applies:                                       

      (1)  The child is under nineteen years of age, or is under   4,500        

twenty-three years of age and a full-time student at an                         

accredited college or university;                                  4,501        

      (2)  The child is not self-sufficient due to physical or     4,503        

mental disorders or impairments;                                   4,504        

      (3)  The child is legally entitled to the provision of       4,506        

                                                          96     

                                                                 
proper or necessary subsistence, education, medical care, or       4,507        

other care necessary for the child's health, guidance, or          4,508        

well-being and is not otherwise emancipated, self-supporting,      4,509        

married, or a member of the armed forces of the United States      4,511        

DEPENDENT" HAS THE SAME MEANING AS IN SECTION 152 OF THE           4,512        

"INTERNAL REVENUE CODE OF 1986," 100 STAT. 2085, 26 U.S.C.A. 1,    4,513        

AS AMENDED.                                                                     

      Sec. 3924.62.  (A)  A medical savings account may be opened  4,522        

by or on behalf of any natural person, to pay the person's         4,523        

eligible medical expenses and the eligible medical expenses of     4,524        

that person's spouse or qualified dependent.  A medical savings    4,525        

account may be opened by or on behalf of a person only if that     4,528        

person participates in a sickness or accident insurance plan, a    4,529        

plan offered by a health insuring corporation organized under      4,530        

Chapter 1751. of the Revised Code, or a self-funded,               4,531        

employer-sponsored health benefit plan established pursuant to     4,532        

the "Employee Retirement Income Security Act of 1974," 88 Stat.    4,533        

832, 29 U.S.C.A. 1001, as amended.  While the medical savings                   

account is open, the account holder shall continue to participate  4,534        

in such a plan.                                                                 

      (B)  A person who refuses to participate in a policy, plan,  4,537        

or contract of health coverage that is funded by the person's      4,538        

employer, and who receives additional monetary compensation by     4,539        

virtue of refusing that coverage, may not open a medical savings   4,540        

account unless the medical savings account also is sponsored by    4,541        

the person's employer.                                             4,542        

      Sec. 3924.63.  The owners of interest in a medical savings   4,552        

account are the account holder, AND the account holder's spouse,   4,553        

and qualified dependents.  No medical savings account shall be     4,554        

subject to garnishment or attachment.                              4,556        

      Sec. 3924.64.  (A)  At the time a medical savings account    4,566        

is opened, an administrator for the account shall be designated.   4,567        

If an employer opens an account for an employee, the employer may  4,568        

designate the administrator.  If an account is opened by any       4,569        

                                                          97     

                                                                 
person other than an employer, or if an employer chooses not to    4,570        

designate an administrator for an account opened for an employee,  4,571        

the account holder shall designate the administrator.  The         4,572        

administrator shall manage the account in a fiduciary capacity     4,573        

for the benefit of the account holder.                                          

      (B)  Medical savings accounts shall be administered by one   4,576        

of the following:                                                               

      (1)  A federally or state-chartered bank, savings and loan   4,579        

association, savings bank, or credit union;                                     

      (2)  A trust company authorized to act as a fiduciary;       4,581        

      (3)  An insurer authorized under Title XXXIX of the Revised  4,584        

Code to engage in the business of sickness and accident            4,585        

insurance;                                                                      

      (4)  A dealer or salesperson licensed under Chapter 1707.    4,588        

of the Revised Code;                                                            

      (5)  An administrator licensed under Chapter 3959. of the    4,591        

Revised Code;                                                                   

      (6)  A certified public accountant;                          4,593        

      (7)  An employer that administers an employee benefit plan   4,596        

subject to regulation under the "Employee Retirement Income        4,597        

Security Act of 1974," 88 Stat. 829, 29 U.S.C.A. 1001, as          4,599        

amended, or that maintains medical savings accounts for its        4,600        

employees;                                                                      

      (8)  Health insuring corporations organized under Chapter    4,603        

1751. of the Revised Code.                                                      

      (C)  Each administrator shall send to the account holder,    4,606        

at least annually, a statement setting forth the balance           4,607        

remaining in the account holder's account and detailing the        4,608        

activity in the account since the last statement was issued.       4,609        

Upon an administrator's receipt of a written request from an       4,610        

account holder for a current statement, the administrator shall    4,611        

promptly send the statement to the account holder.                              

      (D)  When an account holder documents to the administrator   4,614        

of the account the account holder's payment of, or the account                  

                                                          98     

                                                                 
holder's obligation for, an eligible medical expense for the       4,615        

account holder, OR the account holder's spouse, or qualified       4,617        

dependents, the administrator shall reimburse the account holder   4,618        

for, or shall pay for, the eligible medical expense with funds     4,619        

from the account holder's account, if sufficient funds are         4,620        

available in the account holder's account.  If there are not       4,621        

sufficient funds in the account to fully reimburse the account     4,622        

holder or pay the expenses, the administrator shall reimburse the  4,624        

account holder or pay the expenses using whatever funds are in     4,625        

the account.  The reimbursement or payment shall be made within    4,626        

thirty days of the administrator's receipt of the documentation.   4,627        

At the time of making the reimbursement or payment, the                         

administrator shall notify the account holder if the medical       4,628        

expense does not count toward meeting the deductible or other      4,629        

obligation for the receipt of benefits that is required by the     4,630        

insurer or other third-party payer providing health coverage to    4,631        

the account holder.  The administrator shall keep a record of the  4,632        

amounts disbursed from the account for documented eligible         4,633        

medical expenses and of the dates on which the expenses were       4,634        

incurred.  This record shall be made available to any sickness     4,635        

and accident insurer or other third-party payer providing health   4,636        

coverage to the account holder, for use by the insurer or          4,637        

third-party payer in determining whether the account holder has    4,638        

met the deductible or other obligation required for the receipt    4,639        

of benefits from the insurer or third-party payer.                 4,640        

      (E)  When an account is opened, the administrator shall      4,643        

give written notice to the account holder of the date of the last  4,644        

business day of the administrator's business year.                 4,645        

      Sec. 3924.66.  (A)  In determining Ohio adjusted gross       4,654        

income under Chapter 5747. of the Revised Code, an account holder  4,655        

may deduct an amount equaling the total of the deposits that the   4,657        

account holder, the account holder's spouse, or the account        4,658        

holder's employer made to the account during the taxable year, to  4,659        

the extent that the funds for the deposits have not otherwise      4,660        

                                                          99     

                                                                 
been deducted or excluded in determining the account holder's                   

federal adjusted gross income.  The amount deducted by an account  4,662        

holder for a taxable year shall not exceed three thousand          4,663        

dollars.  If two married persons each have an account, each        4,664        

spouse may claim the deduction described in this section, and the  4,666        

amount deducted by each spouse shall not exceed three thousand     4,667        

dollars, whether the spouses file returns jointly or separately.   4,668        

      (B)  The maximum deduction allowed under division (A) of     4,670        

this section shall be adjusted annually by the department of       4,671        

taxation to reflect increases in the consumer price index for all  4,672        

items for all urban consumers for the north central region, as     4,673        

published by the United States bureau of labor statistics.         4,674        

      (C)  In determining Ohio adjusted gross income under         4,676        

Chapter 5747. of the Revised Code, an account holder may deduct    4,677        

the investment earnings of a medical savings account from the      4,678        

account holder's federal adjusted gross income, to the extent      4,679        

that these earnings have been included in the account holder's     4,680        

federal adjusted gross income.                                                  

      (D)  In determining Ohio adjusted gross income under         4,682        

Chapter 5747. of the Revised Code, an account holder shall add to  4,683        

the account holder's federal adjusted gross income an amount       4,684        

equal to the sum of the amounts described in divisions (D)(1) and  4,686        

(2) of this section to the extent that those amounts were          4,687        

included in the account holder's federal adjusted gross income     4,688        

and previously deducted in determining the account holder's Ohio   4,690        

adjusted gross income.  In determining the extent to which         4,691        

amounts withdrawn from the account shall be included in the        4,692        

account holder's Ohio adjusted gross income, the tax commissioner  4,694        

shall be guided by the provisions of sections 72 and 408 of the    4,695        

Internal Revenue Code governing the determination of the amount    4,696        

of withdrawals from an individual retirement account to be         4,697        

included in federal gross income.                                               

      (1)  Amounts withdrawn from the account during the taxable   4,700        

year used for any purpose other than to reimburse the account      4,701        

                                                          100    

                                                                 
holder for, or to pay, the eligible medical expenses of the        4,702        

account holder, OR the account holder's spouse, or qualified       4,704        

dependents;                                                        4,705        

      (2)  Investment earnings during the taxable year on amounts  4,707        

withdrawn from the account that are described in division (D)(1)   4,708        

of this section.                                                   4,709        

      (E)  Amounts withdrawn from a medical savings account to     4,711        

reimburse the account holder for, or to pay, the account holder's  4,712        

eligible medical expenses, or the eligible medical expenses of     4,713        

the account holder's spouse or qualified dependents, shall not be  4,715        

included in the account holder's Ohio adjusted gross income in     4,716        

determining taxes due under Chapter 5747. of the Revised Code.     4,717        

      (F)  If a qualified dependent of an account holder becomes   4,720        

ineligible to continue to participate in the account holder's      4,722        

policy, plan, or contract of health coverage, the account holder   4,723        

may withdraw funds from the account holder's account and use                    

those funds to pay the premium for the first year of a policy,     4,724        

plan, or contract of health coverage for the qualified dependent   4,725        

and to pay any deductible for the first year of that policy,       4,727        

plan, or contract.  Funds withdrawn and used for that purpose      4,728        

shall not be included in the account holder's Ohio adjusted gross  4,729        

income in determining taxes due under Chapter 5747. of the         4,730        

Revised Code.                                                      4,731        

      Sec. 3924.67.  An account holder may withdraw funds from     4,741        

the account holder's account at any time, for any purpose.                      

However, the administrator of a medical savings account shall not  4,742        

disburse funds to an account holder during the year in which the   4,744        

funds were deposited, except to reimburse the account holder for,  4,745        

or pay for, a documented eligible medical expense of the account   4,746        

holder, OR the account holder's spouse, or a qualified dependent.  4,747        

      Sec. 3924.68.  (A)  If an account holder, whose medical      4,757        

savings account has been opened by the account holder's employer,  4,758        

later ceases to be employed by that employer, the account holder   4,759        

may, within sixty days of the account holder's final date of       4,760        

                                                          101    

                                                                 
employment, request in writing to the administrator of the         4,762        

account that the administrator continue to administer the          4,763        

account.                                                                        

      (1)  If the administrator agrees to continue to administer   4,766        

the account, funds in the account may continue to be used to pay   4,767        

the eligible medical expenses of the account holder, AND the       4,768        

account holder's spouse, and qualified dependents, pursuant to     4,769        

sections 3924.61 to 3924.74 of the Revised Code.                   4,771        

      If the account holder later becomes employed by a new        4,773        

employer that opens a new medical savings account on the account   4,774        

holder's behalf, the account holder may transfer any funds         4,776        

remaining in the account opened by the account holder's former     4,777        

employer to the account opened by the account holder's new         4,778        

employer.  For purposes of determining taxes due under Chapter     4,780        

5747. of the Revised Code, this transfer of funds shall not be                  

considered a withdrawal of funds from a medical savings account,   4,781        

nor shall it be considered a deposit to a medical savings          4,782        

account.                                                                        

      (2)  If the administrator does not agree to continue to      4,785        

administer the account, or if the account holder requests that     4,786        

the account be closed, the administrator shall close the account   4,787        

and mail a check or other negotiable instrument in the amount of   4,788        

the account balance as of that date to the account holder.  The    4,789        

amount distributed shall be included in the account holder's Ohio  4,790        

adjusted gross income in determining taxes due under Chapter       4,791        

5747. of the Revised Code.                                         4,792        

      (B)  Within sixty days of the account holder's final date    4,794        

of employment, the account holder may transfer any funds           4,796        

remaining in the account opened by the account holder's former     4,797        

employer to another medical savings account owned by the account   4,798        

holder.  For purposes of determining taxes due under Chapter       4,799        

5747,. of the Revised Code, this transfer of funds shall not be    4,800        

considered a withdrawal of funds from a medical savings account,   4,801        

nor shall it be considered a deposit to a medical savings                       

                                                          102    

                                                                 
account.                                                           4,802        

      (C)  An administrator of an account opened by an employer    4,804        

shall not close an account without the permission of the account   4,805        

holder until at least sixty-one days after the account holder's    4,806        

final date of employment.  The employer shall notify the           4,807        

administrator of the employee's final date of employment.          4,808        

      Sec. 3924.73.  (A)  As used in this section:                 4,817        

      (1)  "Health care insurer" means any person legally engaged  4,819        

in the business of providing sickness and accident insurance       4,820        

contracts in this state, a health insuring corporation organized   4,822        

under Chapter 1751. of the Revised Code, or any legal entity that  4,823        

is self-insured and provides health care benefits to its                        

employees or members.                                              4,824        

      (2)  "Small employer" has the same meaning as in division    4,826        

(P) of section 3924.01 of the Revised Code.                        4,827        

      (B)(1)  Subject to division (B)(2) of this section, nothing  4,830        

in sections 3924.61 to 3924.74 of the Revised Code shall be        4,831        

construed to limit the rights, privileges, or protections of       4,832        

employees or small employers under sections 3924.01 to 3924.14 of  4,833        

the Revised Code.                                                  4,834        

      (2)  If any account holder enrolls or applies to enroll in   4,836        

a policy or contract offered by a health care insurer providing    4,837        

sickness and accident coverage that is more comprehensive than,    4,838        

and has a deductible amount that is less than, the coverage and    4,839        

deductible amount of the policy under which the account holder     4,840        

currently is enrolled, the health care insurer to which the        4,841        

account holder applies may subject the account holder to the same  4,843        

medical review, waiting periods, and underwriting requirements to  4,844        

which the health care insurer generally subjects other enrollees   4,845        

or applicants, unless the account holder enrolls or applies to     4,846        

enroll during a designated period of open enrollment.              4,847        

      Section 2.  That existing sections 1739.05, 1751.06,         4,849        

1751.14, 1751.15, 1751.16, 1751.18, 1751.59, 1751.61, 1751.64,     4,850        

1751.65, 1751.67, 3901.21, 3901.49, 3901.491, 3901.50, 3901.501,   4,851        

                                                          103    

                                                                 
3923.021, 3923.122, 3923.26, 3923.40, 3923.57, 3923.58, 3923.59,   4,853        

3923.63, 3923.64, 3924.01, 3924.02, 3924.03, 3924.07, 3924.08,     4,854        

3924.09, 3924.10, 3924.11, 3924.111, 3924.12, 3924.13, 3924.14,    4,855        

3924.51, 3924.61, 3924.62, 3924.63, 3924.64, 3924.66, 3924.67,     4,856        

3924.68, and 3924.73 and section 3941.53 of the Revised Code are   4,858        

hereby repealed.                                                   4,859        

      Section 3.  The amendments to sections 1751.59, 1751.61,     4,861        

3923.122, 3923.26, 3923.40, and 3924.51 of the Revised Code by     4,862        

this act shall apply to contracts, evidences of coverage,          4,863        

policies, and plans that are delivered, issued for delivery,       4,864        

renewed, or established in this state on or after the effective    4,865        

date of this section.                                              4,866        

      Section 4.  The amendment of sections 1751.64, 3901.49, and  4,868        

3901.50 of the Revised Code is not intended to supersede the       4,869        

earlier repeal, with delayed effective dates, of those sections.   4,870        

      Section 5.  This act is hereby declared to be an emergency   4,872        

measure necessary for the immediate preservation of the public     4,873        

peace, health, and safety.  The reason for such necessity is that  4,874        

Ohio must meet the federal deadline relative to the                4,875        

implementation of the federal Health Insurance Portability and                  

Accountability Act of 1996.  Ohio's failure to meet this deadline  4,876        

could result in the federal government assuming regulation over    4,877        

certain areas of health insurance, thereby disrupting the stable   4,878        

health insurance market in Ohio that currently exists under Ohio   4,879        

law.  Meeting the federal deadline will protect the public health  4,881        

and safety of the citizens of this state by ensuring the                        

stability of the health insurance market through the continued     4,882        

regulation of this market by the state.  Therefore, this act       4,883        

shall go into immediate effect.