As Reported by the Senate Insurance,                 1            

                  Commerce and Labor Committee                     2            

122nd General Assembly                                             5            

   Regular Session                            Sub. H. B. No. 374   6            

      1997-1998                                                    7            


     REPRESENTATIVES VAN VYVEN-BRADING-CORBIN-GARCIA-HAINES-       9            

   MOTTLEY-NETZLEY-SCHURING-TAYLOR-TERWILLEGER-THOMAS-TIBERI-      10           

    LEWIS-HOTTINGER-MAIER-TAVARES-JERSE-METELSKY-REID-WESTON-      11           

  CLANCY-HOUSEHOLDER-LUCAS-VESPER-O'BRIEN-VERICH-SULZER-BENDER-    12           

  MOTTL-MYERS-OGG-CORE-OLMAN-OPFER-DAMSCHRODER-BRITTON-HARRIS-     13           

   LOGAN-PATTON-ROMAN-WINKLER-WILSON-CATES-ROBERTS-FORD-JONES-     14           

JACOBSON-FOX-SALERNO-MILLER-COLONNA-BOYD-PRINGLE-SUTTON-MALLORY-   15           

                     SENATORS CUPP-DiDONATO                        16           


                                                                   17           

                           A   B I L L                                          

             To amend sections 1739.05, 1751.06, 1751.15,          19           

                1751.16, 1751.18, 1751.59, 1751.61, 1751.64,       20           

                1751.65, 1751.67, 3901.21,  3901.49, 3901.491,     21           

                3901.50, 3901.501, 3923.021, 3923.122, 3923.26,    22           

                3923.40, 3923.57,  3923.58, 3923.59, 3923.63,      24           

                3923.64, 3924.01, 3924.02, 3924.03, 3924.07 to                  

                3924.11, 3924.111, 3924.12 to 3924.14, 3924.51,    26           

                3924.61 to 3924.64, 3924.66 to 3924.68, and        27           

                3924.73, to enact sections 1751.57, 1751.58,       28           

                3901.044, 3923.571, 3923.581, 3924.031, 3924.032,  30           

                3924.033, and 3924.27, and to  repeal section      31           

                3941.53 of the Revised Code relative to the        32           

                implementation of the federal Health Insurance     33           

                Portability and Accountability  Act of 1996 and    34           

                insurance coverage of follow-up care for a mother  35           

                and newborn, and to declare an emergency.          36           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        38           

      Section 1.  That sections 1739.05, 1751.06, 1751.15,         40           

                                                          2      

                                                                 
1751.16, 1751.18, 1751.59, 1751.61, 1751.64, 1751.65, 1751.67,     41           

3901.21, 3901.49, 3901.491, 3901.50, 3901.501, 3923.021,           43           

3923.122, 3923.26, 3923.40, 3923.57, 3923.58, 3923.59, 3923.63,    45           

3923.64, 3924.01, 3924.02, 3924.03, 3924.07, 3924.08, 3924.09,     46           

3924.10, 3924.11, 3924.111, 3924.12, 3924.13, 3924.14, 3924.51,    47           

3924.61, 3924.62, 3924.63, 3924.64, 3924.66, 3924.67, 3924.68,     49           

and 3924.73 be amended and sections 1751.57, 1751.58, 3901.044,    50           

3923.571, 3923.581, 3924.031, 3924.032, 3924.033, and 3924.27 of   51           

the Revised Code be enacted to read as follows:                    53           

      Sec. 1739.05.  (A)  A multiple employer welfare arrangement  62           

that is created pursuant to sections 1739.01 to 1739.22 of the     63           

Revised Code and that operates a group self-insurance program may  64           

be established only if any of the following applies:               65           

      (1)  The arrangement has and maintains a minimum enrollment  67           

of three hundred employees of two or more employers.               68           

      (2)  The arrangement has and maintains a minimum enrollment  70           

of three hundred self-employed individuals.                        71           

      (3)  The arrangement has and maintains a minimum enrollment  73           

of three hundred employees or self-employed individuals in any     74           

combination of divisions (A)(1) and (2) of this section.           75           

      (B)  A multiple employer welfare arrangement that is         77           

created pursuant to sections 1739.01 to 1739.22 of the Revised     78           

Code and that operates a group self-insurance program shall        79           

comply with all laws applicable to self-funded programs in this    80           

state, including sections 3901.04, 3901.041, 3901.19 to 3901.26,   81           

3901.38, 3901.40, 3901.45, 3901.46, 3902.01 to 3902.14, 3923.30,   82           

3923.301, and 3923.38, 3923.581, 3923.63, 3924.031, 3924.032, AND  85           

3924.27 of the Revised Code.                                       86           

      (C)  A multiple employer welfare arrangement created         88           

pursuant to sections 1739.01 to 1739.22 of the Revised Code shall  89           

solicit enrollments only through agents or solicitors licensed     90           

pursuant to Chapter 3905. of the Revised Code to sell or solicit   91           

sickness and accident insurance.                                   92           

      (D)  A multiple employer welfare arrangement created         94           

                                                          3      

                                                                 
pursuant to sections 1739.01 to 1739.22 of the Revised Code shall  95           

provide benefits only to individuals who are members, employees    96           

of members, or the dependents of members or employees, or are      97           

eligible for continuation of coverage under section 1751.53 or     98           

3923.38 of the Revised Code or under Title X of the "Consolidated  99           

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

U.S.C.A. 1161, as amended.                                         101          

      Sec. 1751.06.  Upon obtaining a certificate of authority as  110          

required under this chapter, a health insuring corporation may do  112          

all of the following:                                                           

      (A)  Enroll individuals and their dependents in either of    114          

the following circumstances:                                       115          

      (1)  The individual resides OR LIVES in the approved         117          

service area.                                                                   

      (2)  The individual's place of employment is located in the  120          

approved service area and the individual has agreed to receive     121          

health care services in accordance with the evidence of coverage.  122          

      (B)  Contract with providers and health care facilities for  124          

the health care services to which enrollees are entitled under     125          

the terms of the health insuring corporation's health care         126          

contracts;                                                                      

      (C)  Contract with insurance companies authorized to do      129          

business in this state for insurance, indemnity, or reimbursement  130          

against the cost of providing emergency and nonemergency health    131          

care services for enrollees, subject to the provisions set forth   132          

in this chapter and the limitations set forth in the Revised       134          

Code;                                                                           

      (D)  Contract with any person pursuant to the requirements   136          

of division (A)(18) of section 1751.03 of the Revised Code for     137          

managerial or administrative services, or for data processing,     138          

actuarial analysis, billing services, or any other services        139          

authorized by the superintendent of insurance.  However, a health  141          

insuring corporation shall not enter into a contract for any of    142          

the services listed in this division with an insurance company     143          

                                                          4      

                                                                 
that is not authorized to engage in the business of insurance in   144          

this state.                                                                     

      (E)  Accept from governmental agencies, private agencies,    146          

corporations, associations, groups, individuals, or other          147          

persons, payments covering all or part of the costs of planning,   148          

development, construction, and the provision of health care        149          

services;                                                                       

      (F)  Purchase, lease, construct, renovate, operate, or       151          

maintain health care facilities, and their ancillary equipment,    152          

and any property necessary in the transaction of the business of   153          

the health insuring corporation.;                                               

      (G)  IN THE EMPLOYER GROUP MARKET, IMPOSE AN AFFILIATION     156          

PERIOD OF NOT MORE THAN SIXTY DAYS, WHICH PERIOD BEGINS ON THE     157          

INDIVIDUAL'S DATE OF ENROLLMENT AND RUNS CONCURRENTLY WITH ANY     158          

WAITING PERIOD IMPOSED UNDER THE COVERAGE.  FOR PURPOSES OF THIS   159          

DIVISION, "AFFILIATION PERIOD" MEANS A PERIOD OF TIME WHICH,       160          

UNDER THE TERMS OF THE COVERAGE OFFERED, MUST EXPIRE BEFORE THE    161          

COVERAGE BECOMES EFFECTIVE.  NO HEALTH CARE SERVICES OR BENEFITS   162          

NEED TO BE PROVIDED DURING AN AFFILIATION PERIOD, AND NO PERIODIC  163          

PREPAYMENTS CAN BE CHARGED FOR ANY COVERAGE DURING THAT PERIOD.    164          

      (H)  IF A HEALTH INSURING CORPORATION OFFERS COVERAGE IN     167          

THE SMALL EMPLOYER GROUP MARKET THROUGH A NETWORK PLAN, LIMIT OR   168          

DENY THE COVERAGE IN ACCORDANCE WITH SECTION 3924.031 OF THE       170          

REVISED CODE;                                                      171          

      (I)  REFUSE TO ISSUE COVERAGE IN THE SMALL EMPLOYER GROUP    174          

MARKET PURSUANT TO SECTION 3924.032 OF THE REVISED CODE;           176          

      (J)  ESTABLISH EMPLOYER CONTRIBUTION RULES OR GROUP          179          

PARTICIPATION RULES FOR THE OFFERING OF COVERAGE IN CONNECTION     180          

WITH A GROUP CONTRACT IN THE SMALL EMPLOYER GROUP MARKET, AS       181          

PROVIDED IN DIVISION (E)(1) OF SECTION 3924.03 OF THE REVISED      184          

CODE.                                                                           

      Nothing in this section shall be construed as prohibiting a  186          

health insuring corporation without other commercial enrollment    187          

from contracting solely with federal health care programs          188          

                                                          5      

                                                                 
regulated by federal regulatory bodies.                                         

      Nothing in this section shall be construed to limit the      190          

authority of a health insuring corporation to perform those        191          

functions not otherwise prohibited by law.                         192          

      Sec. 1751.15.  (A)  After a health insuring corporation has  201          

furnished, directly or indirectly, basic health care services for  202          

a period of twenty-four months, and if it currently meets the      203          

financial requirements set forth in section 1751.28 of the         204          

Revised Code and had net income as reported to the superintendent  205          

of insurance for at least one of the preceding four calendar                    

quarters, it shall hold an annual open enrollment period of not    206          

less than thirty days during its month of licensure FOR            208          

INDIVIDUALS WHO ARE NOT FEDERALLY ELIGIBLE INDIVIDUALS.            209          

      (B)  During the open enrollment period described in          211          

division (A) of this section, the health insuring corporation      212          

shall accept applicants and their dependents in the order in       213          

which they apply for enrollment and in accordance with any of the  214          

following:                                                                      

      (1)  Up to its capacity, as determined by the health         216          

insuring corporation subject to review by the superintendent;      217          

      (2)  If less than its capacity, one per cent of the health   219          

insuring corporation's total number of subscribers residing in     220          

this state as of the immediately preceding thirty-first day of     221          

December.                                                          222          

      (C)  Where a health insuring corporation demonstrates to     224          

the satisfaction of the superintendent that such open enrollment   225          

would jeopardize its economic viability, the superintendent may    226          

do any of the following:                                                        

      (1)  Waive the requirement for open enrollment;              228          

      (2)  Impose a limit on the number of applicants and their    230          

dependents that must be enrolled;                                  231          

      (3)  Authorize such underwriting restrictions upon open      233          

enrollment as are necessary to do any of the following:            234          

      (a)  Preserve its financial stability;                       236          

                                                          6      

                                                                 
      (b)  Prevent excessive adverse selection;                    238          

      (c)  Avoid unreasonably high or unmarketable charges for     240          

coverage of health care services.                                  241          

      (D)(1)  A request to the superintendent under division (C)   244          

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

open enrollment period must be accompanied by supporting           245          

documentation, including financial data.  In reviewing the         246          

request, the superintendent may consider various factors,          247          

including the size of the health insuring corporation, the health  248          

insuring corporation's net worth and profitability, the health     249          

insuring corporation's delivery system structure, and the effect                

on profitability of prior open enrollments.                        250          

      (2)  Any action taken by the superintendent under division   252          

(C) of this section shall be effective for a period of not more    254          

than one year.  At the expiration of such time, a new              255          

demonstration of the health insuring corporation's need for the    256          

restriction, limit, or waiver shall be made before a new           257          

restriction, limit, or waiver is granted by the superintendent.    258          

      (3)  Irrespective of the granting of any restriction,        260          

limit, or waiver by the superintendent, a health insuring          261          

corporation may reject an applicant or a dependent of the          262          

applicant during its open enrollment period if the applicant or    263          

dependent:                                                         264          

      (a)  Was eligible for and was covered under any              266          

employer-sponsored health care coverage, or if employer-sponsored  267          

health care coverage was available at the time of open             268          

enrollment;                                                                     

      (b)  Is eligible for conversion or continuation coverage     270          

under state or federal law;                                        271          

      (c)  Is eligible for medicare, and the health insuring       273          

corporation does not have an agreement on appropriate payment      274          

mechanisms with the governmental agency administering the          275          

medicare program.                                                               

      (E)  A health insuring corporation shall not be required     277          

                                                          7      

                                                                 
either to enroll applicants or their dependents who are confined   278          

to a health care facility because of chronic illness, permanent    279          

injury, or other infirmity that would cause economic impairment    280          

to the health insuring corporation if such applicants or their     281          

dependents were enrolled or to make the effective date of          282          

benefits for applicants or their dependents enrolled under this    283          

section earlier than ninety days after the date of enrollment.     284          

      (F)  A health insuring corporation shall not be required to  286          

cover the fees or costs, or both, for any basic health care        287          

service related to a transplant of a body organ if the transplant  288          

occurs within one year after the effective date of an enrollee's   289          

coverage under this section.  This limitation on coverage does     290          

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

coverage under section 1751.61 of the Revised Code.                291          

      (G)  Each health insuring corporation required to hold an    293          

open enrollment pursuant to division (A) of this section shall     294          

file with the superintendent, not later than sixty days prior to   295          

the commencement of the proposed open enrollment period, the       296          

following documents:                                                            

      (1)  The proposed public notice of open enrollment;          298          

      (2)  The evidence of coverage approved pursuant to section   300          

1751.11 of the Revised Code that will be used during open          302          

enrollment;                                                                     

      (3)  The contractual periodic prepayment and premium rate    304          

approved pursuant to section 1751.12 of the Revised Code that      305          

will be applicable during open enrollment;                         306          

      (4)  Any solicitation document approved pursuant to section  309          

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

the application form that will be used during open enrollment;     310          

      (5)  A list of the proposed dates of publication of the      312          

public notice, and the names of the newspapers in which the        313          

notice will appear;                                                314          

      (6)  Any request for a restriction, limit, or waiver with    316          

respect to the open enrollment period, along with any supporting   317          

                                                          8      

                                                                 
documentation.                                                     318          

      (H)(1)  An open enrollment period shall not satisfy the      320          

requirements of this section unless the health insuring            321          

corporation provides adequate public notice in accordance with     322          

divisions (H)(2) and (3) of this section.  No public notice shall  323          

be used until the form of the public notice has been filed by the  324          

health insuring corporation with the superintendent.  If the       325          

superintendent does not disapprove the public notice within sixty  326          

days after it is filed, it shall be deemed approved, unless the    327          

superintendent sooner gives approval for the public notice.  If    328          

the superintendent determines within this sixty-day period that    329          

the public notice fails to meet the requirements of this section,  330          

the superintendent shall so notify the health insuring             331          

corporation and it shall be unlawful for the health insuring       332          

corporation to use the public notice.  Such disapproval shall be   333          

effected by a written order, which shall state the grounds for     334          

disapproval and shall be issued in accordance with Chapter 119.    335          

of the Revised Code.                                                            

      (2)  A public notice pursuant to division (H)(1) of this     337          

section shall be published in at least one newspaper of general    338          

circulation in each county in the health insuring corporation's    339          

service area, at least once in each of the two weeks immediately   340          

preceding the month in which the open enrollment is to occur and   341          

in each week of that month, or until the enrollment limitation is  342          

reached, whichever occurs first.  The notice published during the  343          

last week of open enrollment shall appear not less than five days  344          

before the end of the open enrollment period.  It shall be at      345          

least two newspaper columns wide or two and one-half inches wide,  347          

whichever is larger.  The first two lines of the text shall be     348          

published in not less than twelve-point, boldface type.  The       349          

remainder of the text of the notice shall be published in not      350          

less than eight-point type.  The entire public notice shall be     351          

surrounded by a continuous black line not less than one-eighth of  352          

an inch wide.                                                                   

                                                          9      

                                                                 
      (3)  The following information shall be included in the      354          

public notice provided under division (H)(2) of this section:      355          

      (a)  The dates that open enrollment will be held and the     357          

date coverage obtained under the open enrollment will become       358          

effective;                                                                      

      (b)  Notice that an applicant or the applicant's dependents  360          

will not be denied coverage during open enrollment because of a    361          

preexisting health condition, but that some limitations and        362          

restrictions may apply;                                                         

      (c)  The address where a person may obtain an application;   364          

      (d)  The telephone number that a person may call to request  366          

an application or to ask questions;                                368          

      (e)  The date the first payment will be due;                 370          

      (f)  The actual rates or range of rates that will be         372          

applicable for applicants;                                         373          

      (g)  Any limitation granted by the superintendent on the     376          

number of applications that will be accepted by the health         377          

insuring corporation.                                                           

      (4)  Within thirty days after the end of an open enrollment  380          

period, the health insuring corporation shall submit to the        381          

superintendent proof of publication for the public notices, and    382          

shall report the total number of applicants and their dependents   383          

enrolled during the open enrollment period.                        384          

      (I)(1)  No health insuring corporation may employ any        386          

scheme, plan, or device that restricts the ability of any person   387          

to enroll during open enrollment.                                  388          

      (2)  No health insuring corporation may require enrollment   390          

to be made in person.  Every health insuring corporation shall     391          

permit application for coverage by mail.  A representative of the  393          

health insuring corporation may visit an applicant who has                      

submitted an application by mail, in order to explain the          394          

operations of the health insuring corporation and to answer any    395          

questions the applicant may have.  Every health insuring           396          

corporation shall make open enrollment applications and            397          

                                                          10     

                                                                 
solicitation documents readily available to any potential          398          

applicant who requests such material.                              399          

      (J)  An application postmarked on the last day of an open    401          

enrollment period shall qualify as a valid application,            402          

regardless of the date on which it is received by the health       403          

insuring corporation.                                                           

      (K)  This section does not apply to any health insuring      405          

corporation that offers only supplemental health care services or  407          

specialty health care services, or to any health insuring                       

corporation that offers plans only through Title XVIII or Title    408          

XIX of the "Social Security Act," 49 Stat. 620 (1935), 42          409          

U.S.C.A. 301, as amended, and that has no other commercial         410          

enrollment, or to any health insuring corporation that offers      411          

plans only through other federal health care programs regulated    412          

by federal regulatory bodies and that has no other commercial      413          

enrollment.                                                                     

      (L)  EACH HEALTH INSURING CORPORATION SHALL ACCEPT           416          

FEDERALLY ELIGIBLE INDIVIDUALS FOR OPEN ENROLLMENT COVERAGE AS     417          

PROVIDED IN SECTION 3923.581 OF THE REVISED CODE.  A HEALTH        419          

INSURING CORPORATION MAY REINSURE COVERAGE OF ANY FEDERALLY        420          

ELIGIBLE INDIVIDUAL ACQUIRED UNDER THAT SECTION WITH THE OPEN      421          

ENROLLMENT REINSURANCE PROGRAM IN ACCORDANCE WITH DIVISION (G) OF  423          

SECTION 3924.11 OF THE REVISED CODE.  FIXED PERIODIC PREPAYMENT    426          

RATES CHARGED FOR COVERAGE REINSURED BY THE PROGRAM SHALL BE       427          

ESTABLISHED IN ACCORDANCE WITH SECTION 3924.12 OF THE REVISED      429          

CODE.                                                                           

      (M)  AS USED IN THIS SECTION, "FEDERALLY ELIGIBLE            432          

INDIVIDUAL" MEANS AN ELIGIBLE INDIVIDUAL AS DEFINED IN 45 C.F.R.   434          

148.103.                                                           435          

      Sec. 1751.16.  (A)  Except as provided in division (F) of    444          

this section, every group contract issued by a health insuring     445          

corporation shall provide an option for conversion to an           446          

individual contract issued on a direct-payment basis to any        447          

subscriber covered by the group contract who terminates            448          

                                                          11     

                                                                 
employment or membership in the group, unless:                     449          

      (1)  Termination of the conversion option or contract is     451          

based upon nonpayment of premium after reasonable notice in        452          

writing has been given by the health insuring corporation to the   453          

subscriber.                                                        454          

      (2)  The subscriber is, or is eligible to be, covered for    456          

benefits at least comparable to the group contract under any of    457          

the following:                                                     458          

      (a)  Title XVIII of the "Social Security Act," 49 Stat. 620  460          

(1935), 42 U.S.C.A. 301, as amended;                               461          

      (b)  Any act of congress or law under this or any other      463          

state of the United States providing coverage at least comparable  464          

to the benefits under division (A)(2)(a) of this section;          465          

      (c)  Any policy of insurance or health care plan providing   467          

coverage at least comparable to the benefits under division        468          

(A)(2)(a) of this section.                                         469          

      (B)(1)  The direct-payment contract offered by the health    471          

insuring corporation pursuant to division (A) of this section      473          

shall provide benefits comparable to the benefits being provided   474          

by any of the individual contracts then being issued to            475          

individual subscribers by the health insuring corporation.  The    476          

contract may contain a coordination of benefits provision as       477          

approved by the superintendent of insurance THE FOLLOWING:         479          

      (a)  IN THE CASE OF AN INDIVIDUAL WHO IS NOT A FEDERALLY     482          

ELIGIBLE INDIVIDUAL, BENEFITS COMPARABLE TO BENEFITS IN ANY OF     483          

THE INDIVIDUAL CONTRACTS THEN BEING ISSUED TO INDIVIDUAL           484          

SUBSCRIBERS BY THE HEALTH INSURING CORPORATION;                    485          

      (b)  IN THE CASE OF A FEDERALLY ELIGIBLE INDIVIDUAL, A       488          

BASIC AND STANDARD PLAN ESTABLISHED BY THE BOARD OF DIRECTORS OF   489          

THE OHIO HEALTH REINSURANCE PROGRAM OR PLANS SUBSTANTIALLY         490          

SIMILAR TO THE BASIC AND STANDARD PLAN IN BENEFIT DESIGN AND       491          

SCOPE OF COVERED SERVICES.  FOR PURPOSES OF DIVISION (B)(1)(b) OF  493          

THIS SECTION, THE SUPERINTENDENT OF INSURANCE SHALL DETERMINE      494          

WHETHER A PLAN IS SUBSTANTIALLY SIMILAR TO THE BASIC OR STANDARD   495          

                                                          12     

                                                                 
PLAN IN BENEFIT DESIGN AND SCOPE OF COVERED SERVICES.  THE         496          

CONTRACTUAL PERIODIC PREPAYMENTS CHARGED FOR SUCH PLANS MAY NOT    497          

EXCEED AN AMOUNT THAT IS TWO TIMES THE MIDPOINT OF THE STANDARD    498          

RATE CHARGED ANY OTHER INDIVIDUAL OF A GROUP TO WHICH THE          499          

ORGANIZATION IS CURRENTLY ACCEPTING NEW BUSINESS AND FOR WHICH     500          

SIMILAR COPAYMENTS AND DEDUCTIBLES ARE APPLIED.                    501          

      (2)  THE DIRECT PAYMENT CONTRACT OFFERED PURSUANT TO         503          

DIVISION (A) OF THIS SECTION MAY INCLUDE A COORDINATION OF         505          

BENEFITS PROVISION AS APPROVED BY THE SUPERINTENDENT.              506          

      (3)  FOR PURPOSES OF DIVISION (B) OF THIS SECTION            509          

"FEDERALLY ELIGIBLE INDIVIDUAL" MEANS AN ELIGIBLE INDIVIDUAL AS    510          

DEFINED IN 45 C.F.R. 148.103.                                      513          

      (C)  The option for conversion shall be available:           515          

      (1)  Upon the death of the subscriber, to the surviving      517          

spouse with respect to SUCH OF the spouse or AND dependents who    519          

were AS ARE then covered by the group contract;                    520          

      (2)  To a child solely with respect to the child upon the    522          

child's attaining the limiting age of coverage under the group     523          

contract while covered as a dependent under the contract;          524          

      (3)  Upon the divorce, dissolution, or annulment of the      526          

marriage of the subscriber, to the divorced spouse, or, in the     527          

event of annulment, to the former spouse of the subscriber.        529          

      (D)  No health insuring corporation shall do any of the      531          

following:                                                                      

      (1)  Use USE age as the basis for refusing to renew a        533          

converted contract;                                                534          

      (2)  Require a subscriber to produce evidence of             536          

insurability in order to exercise the option for conversion        537          

provided by this section;                                          538          

      (3)  Include preexisting condition limitations in a          540          

converted contract.                                                541          

      (E)  Written notice of the conversion option provided by     544          

this section shall be given to the subscriber by the health        545          

insuring corporation by mail.  The notice shall be sent to the     546          

                                                          13     

                                                                 
subscriber's address in the records of the employer upon receipt   547          

of notice from the employer of the event giving rise to the        548          

conversion option.  If the subscriber has not received notice of   549          

the conversion privilege at least fifteen days prior to the        550          

expiration of the thirty-day conversion period, then the           551          

subscriber shall have an additional period within which to         552          

exercise the privilege.  This additional period shall expire       553          

fifteen days after the subscriber receives notice, but in no       554          

event shall the period extend beyond sixty days after the          555          

expiration of the thirty-day conversion period.                    556          

      (F)  This section does not apply to any group contract       558          

offering only supplemental health care services or specialty       559          

health care services.                                                           

      Sec. 1751.18.  (A)(1)  No health insuring corporation shall  568          

cancel or fail to renew the coverage of a subscriber or enrollee   569          

because of the subscriber's or enrollee's ANY health status or     571          

requirement STATUS-RELATED FACTOR IN RELATION TO THE SUBSCRIBER    572          

OR ENROLLEE, THE SUBSCRIBER'S OR ENROLLEE'S REQUIREMENTS for       574          

health care services, or for any other reason designated under     575          

rules adopted by the superintendent of insurance.                  576          

      (2)  Unless otherwise required by state or federal law, no   578          

health insuring corporation, or health care facility or provider   579          

through which the health insuring corporation has made             580          

arrangements to provide health care services, shall discriminate   581          

against any individual with regard to enrollment, disenrollment,   582          

or the quality of health care services rendered, on the basis of   583          

the individual's race, color, sex, age, religion, state of         584          

health, or status as a recipient of medicare or medical            585          

assistance under Title XVIII or XIX of the "Social Security Act,"  586          

49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, OR ANY HEALTH    588          

STATUS-RELATED FACTOR IN RELATION TO THE INDIVIDUAL.  However, a   589          

health insuring corporation shall not be required to accept a      591          

recipient of medicare or medical assistance, if an agreement has   592          

not been reached on appropriate payment mechanisms between the     593          

                                                          14     

                                                                 
health insuring corporation and the governmental agency            594          

administering these programs.  Further, except during a period of  595          

open enrollment under section 1751.15 of the Revised Code, a       596          

health insuring corporation may reject an applicant for nongroup   597          

enrollment on the basis of the state of ANY health of              598          

STATUS-RELATED FACTOR IN RELATION TO the applicant.                600          

      (B)  A health insuring corporation may cancel or decide not  603          

to renew the coverage of a subscriber or AN enrollee for any of    604          

the following reasons:                                                          

      (1)  Failure of the subscriber or enrollee to pay, or to     606          

have paid on the subscriber's or enrollee's behalf, the required   607          

premium rate or other charge;                                      608          

      (2)  Fraud or forgery;                                       610          

      (3)  Any material misrepresentation on the application for   612          

coverage;                                                          613          

      (4)  The subscriber's or enrollee's permitting the use of    615          

an identification card or similar documents by another person,     616          

allowing that person to receive services for which that person is  618          

not entitled;                                                                   

      (5)  The subscriber's or enrollee's inability to establish   620          

or maintain a provider-patient relationship with any provider      621          

associated with the health insuring corporation, which inability   622          

may include the subscriber's or enrollee's disruptive or abusive   623          

behavior toward providers or the staff of the health care plan IF  625          

THE ENROLLEE HAS PERFORMED AN ACT OR PRACTICE THAT CONSTITUTES     626          

FRAUD OR INTENTIONAL MISREPRESENTATION OF MATERIAL FACT UNDER THE  628          

TERMS OF THE COVERAGE AND IF THE CANCELLATION OR NONRENEWAL IS                  

NOT BASED, EITHER DIRECTLY OR INDIRECTLY, ON ANY HEALTH            629          

STATUS-RELATED FACTOR IN RELATION TO THE ENROLLEE.                 630          

      (C)  A subscriber or AN enrollee may appeal any action or    632          

decision of the A health insuring corporation under division (B)   636          

of this section TAKEN PURSUANT TO SECTION 2742(b) TO (e) OF THE    639          

"HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996,"     640          

PUB. L. NO. 104-191, 110 STAT. 1955, 42 U.S.C.A. 300gg-42, AS      642          

                                                          15     

                                                                 
AMENDED.  To appeal, the subscriber or enrollee may submit a       645          

written complaint to the health insuring corporation pursuant to   646          

section 1751.19 of the Revised Code.  The subscriber or enrollee   647          

may, within thirty days after receiving a written response from    648          

the health insuring corporation, appeal the health insuring        649          

corporation's action or decision to the superintendent.            650          

      (D)  AS USED IN THIS SECTION, "HEALTH STATUS-RELATED         652          

FACTOR" MEANS ANY OF THE FOLLOWING:                                653          

      (1)  HEALTH STATUS;                                          655          

      (2)  MEDICAL CONDITION, INCLUDING BOTH PHYSICAL AND MENTAL   658          

ILLNESSES;                                                                      

      (3)  CLAIMS EXPERIENCE;                                      660          

      (4)  RECEIPT OF HEALTH CARE;                                 662          

      (5)  MEDICAL HISTORY;                                        664          

      (6)  GENETIC INFORMATION;                                    666          

      (7)  EVIDENCE OF INSURABILITY, INCLUDING CONDITIONS ARISING  669          

OUT OF ACTS OF DOMESTIC VIOLENCE;                                               

      (8)  DISABILITY.                                             671          

      Sec. 1751.57.  (A)  THE FOLLOWING CONDITIONS APPLY TO ALL    673          

INDIVIDUAL HEALTH INSURING CORPORATION CONTRACTS:                  674          

      (1)  EXCEPT AS PROVIDED IN SECTION 2742(b) TO (e) OF THE     678          

"HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996,"     683          

PUB. L. NO. 104-191, 110 STAT. 1955, 42 U.S.C.A. 300gg-42, AS      688          

AMENDED, A HEALTH INSURING CORPORATION THAT PROVIDES INDIVIDUAL    689          

COVERAGE TO AN INDIVIDUAL SHALL RENEW OR CONTINUE IN FORCE SUCH    690          

COVERAGE AT THE OPTION OF THE INDIVIDUAL.                          691          

      (2)  SUCH INDIVIDUAL CONTRACTS ARE SUBJECT TO SECTIONS 2743  693          

AND 2747 OF THE "HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY   697          

ACT OF 1996."                                                      698          

      (3)  SECTIONS 3924.031 AND 3924.032 OF THE REVISED CODE      702          

SHALL APPLY TO HEALTH INSURING CORPORATION CONTRACTS OFFERED IN    703          

THE INDIVIDUAL MARKET IN THE SAME MANNER AS THEY APPLY TO HEALTH   704          

BENEFIT PLANS OFFERED IN THE SMALL EMPLOYER MARKET.                705          

      (B)  IN ACCORDANCE WITH 45 C.F.R. 148.102, THIS SECTION      710          

                                                          16     

                                                                 
ALSO APPLIES TO ALL GROUP HEALTH INSURING CORPORATION CONTRACTS    711          

THAT ARE NOT SOLD IN CONNECTION WITH AN EMPLOYMENT-RELATED GROUP   712          

HEALTH CARE PLAN AND THAT PROVIDE MORE THAN SHORT-TERM, LIMITED    713          

DURATION COVERAGE.                                                              

      Sec. 1751.58.  EXCEPT AS OTHERWISE PROVIDED IN SECTION 2721  716          

OF THE "HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF     720          

1996," PUB. L. NO. 104-191, 110 STAT. 1955, 42 U.S.C.A. 300gg-21,  726          

AS AMENDED, THE FOLLOWING CONDITIONS APPLY TO ALL GROUP HEALTH     727          

INSURING CORPORATION CONTRACTS THAT ARE SOLD IN CONNECTION WITH    728          

AN EMPLOYMENT-RELATED GROUP HEALTH CARE PLAN AND THAT ARE NOT      729          

SUBJECT TO SECTION 3924.03 OF THE REVISED CODE:                    731          

      (A)  EXCEPT AS PROVIDED IN SECTION 2712(b) TO (e) OF THE     735          

"HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996," IF  739          

A HEALTH INSURING CORPORATION OFFERS COVERAGE IN THE SMALL OR      740          

LARGE GROUP MARKET IN CONNECTION WITH A GROUP CONTRACT, THE        741          

ORGANIZATION SHALL RENEW OR CONTINUE IN FORCE SUCH COVERAGE AT     742          

THE OPTION OF THE CONTRACT HOLDER.                                 743          

      (B)  SUCH GROUP CONTRACTS ARE SUBJECT TO DIVISION (E)(1) OF  746          

SECTION 3924.03 AND SECTIONS 3924.033 AND 3924.27 OF THE REVISED   747          

CODE.                                                              748          

      (C)  SUCH GROUP CONTRACTS SHALL PROVIDE FOR THE SPECIAL      751          

ENROLLMENT PERIODS DESCRIBED IN SECTION 2701(f) OF THE "HEALTH     754          

INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996."             757          

      Sec. 1751.59.  (A)  No individual or group health insuring   766          

corporation policy, contract, or agreement providing THAT MAKES    767          

family coverage AVAILABLE may be delivered, issued for delivery,   769          

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

agreement covers adopted children of the subscriber on the same    770          

basis as other dependents.                                         771          

      (B)  The coverage required by this section is subject to     773          

the requirements and restrictions set forth in section 3924.51 of  774          

the Revised Code.  Coverage for dependent children living outside  776          

the health insuring corporation's approved service area must be    777          

provided if a court order requires the subscriber to provide       778          

                                                          17     

                                                                 
health care coverage.                                                           

      Sec. 1751.61.  (A)  Each individual or group evidence of     788          

coverage that is delivered, issued for delivery, or renewed by a   789          

health insuring corporation in this state, and that provides       790          

MAKES coverage AVAILABLE for family members of a subscriber, also  792          

shall provide that coverage applicable to children is payable      793          

from the moment of birth with respect to a newly born child of     794          

the subscriber or subscriber's spouse.                             795          

      (B)  Coverage for a newly born child is effective for a      797          

period of thirty-one days from the date of birth.                  798          

      (C)  To continue coverage for a newly born child beyond the  800          

thirty-one day period described in division (B) of this section,   801          

the subscriber shall notify the health insuring corporation        802          

within that period.                                                             

      (D)  If payment of a specific premium rate is required to    804          

provide coverage under this section for an additional child, the   805          

evidence of coverage may require the subscriber to make this       806          

payment to the health insuring corporation within the thirty-one   807          

day period described in division (B) of this section in order to   808          

continue the coverage beyond that period.                          809          

      Sec. 1751.64.  (A)  As used in this section, "genetic        819          

screening or testing" means a laboratory test of a person's genes  820          

or chromosomes for abnormalities, defects, or deficiencies,        821          

including carrier status, that are linked to physical or mental    822          

disorders or impairments, or that indicate a susceptibility to     823          

illness, disease, or other disorders, whether physical or mental,  824          

which test is a direct test for abnormalities, defects, or         825          

deficiencies, and not an indirect manifestation of genetic         826          

disorders.                                                                      

      (B)  No health insuring corporation, in processing an        829          

application for coverage for health care services under an         830          

individual or group health insuring corporation policy, contract,  831          

or agreement or in determining insurability under such a policy,   832          

contract, or agreement, shall do any of the following:             833          

                                                          18     

                                                                 
      (1)  Require an individual seeking coverage to submit to     835          

genetic screening or testing;                                      836          

      (2)  Take into consideration, other than in accordance with  839          

division (F) of this section, the results of genetic screening or  840          

testing;                                                                        

      (3)  Make any inquiry to determine the results of genetic    842          

screening or testing;                                              843          

      (4)  Make a decision adverse to the applicant based on       845          

entries in medical records or other reports of genetic screening   846          

or testing.                                                        847          

      (C)  In developing and asking questions regarding medical    850          

histories of applicants for coverage under an individual or group  851          

health insuring corporation policy, contract, or agreement, no     852          

health insuring corporation shall ask for the results of genetic   853          

screening or testing or ask questions designed to ascertain the    854          

results of genetic screening or testing.                           855          

      (D)  No health insuring corporation shall cancel or refuse   858          

to issue or renew coverage for health care services based on the   859          

results of genetic screening or testing.                           860          

      (E)  No health insuring corporation shall deliver, issue     863          

for delivery, or renew an individual or group policy, contract,    864          

or agreement in this state that limits benefits based on the       865          

results of genetic screening or testing.                           866          

      (F)  A health insuring corporation may consider the results  869          

of genetic screening or testing if the results are voluntarily     870          

submitted by an applicant for coverage or renewal of coverage and  871          

the results are favorable to the applicant.                        872          

      (G)  A violation of this section is an unfair and deceptive  875          

act or practice in the business of insurance under sections        876          

3901.19 to 3901.26 of the Revised Code.                            878          

      Sec. 1751.65.  (A)  As used in this section, "genetic        888          

screening or testing" means a laboratory test of a person's genes  889          

or chromosomes for abnormalities, defects, or deficiencies,        890          

including carrier status, that are linked to physical or mental    891          

                                                          19     

                                                                 
disorders or impairments, or that indicate a susceptibility to     892          

illness, disease, or other disorders, whether physical or mental,  893          

which test is a direct test for abnormalities, defects, or         894          

deficiencies, and not an indirect manifestation of genetic         895          

disorders.                                                         896          

      (B)  Upon the repeal of section 1751.64 of the Revised       899          

Code, no health insuring corporation shall do either of the        901          

following:                                                                      

      (1)  Consider, in a manner adverse to an applicant or        903          

insured, any information obtained from genetic screening or        904          

testing conducted prior to the repeal of section 1751.64 of the    905          

Revised Code in processing an application for coverage for health  908          

care services under an individual or group policy, contract, or    909          

agreement or in determining insurability under such a policy,      910          

contract, or agreement;                                            911          

      (2)  Inquire, directly or indirectly, into the results of    913          

genetic screening or testing conducted prior to the repeal of      914          

section 1751.64 of the Revised Code, or use such information, in   917          

whole or in part, to cancel, refuse to issue or renew, or limit    918          

benefits under, an individual or group policy, contract, or        919          

agreement.                                                                      

      (C)  Any health insuring corporation that has engaged in,    922          

is engaged in, or is about to engage in a violation of division    923          

(B) of this section is subject to the jurisdiction of the          925          

superintendent of insurance under section 3901.04 of the Revised   926          

Code.                                                                           

      Sec. 1751.67.  (A)  Each individual or group health          935          

insuring corporation policy, contract, or agreement delivered,     936          

issued for delivery, or renewed in this state that provides        937          

maternity benefits shall provide coverage of inpatient care and    938          

follow-up care for a mother and her newborn as follows:            939          

      (1)  The policy, contract, or agreement shall cover a        941          

minimum of forty-eight hours of inpatient care following a normal  943          

vaginal delivery and a minimum of ninety-six hours of inpatient    944          

                                                          20     

                                                                 
care following a cesarean delivery.  Services covered as           945          

inpatient care shall include medical, educational, and any other   946          

services that are consistent with the inpatient care recommended   947          

in the protocols and guidelines developed by national              948          

organizations that represent pediatric, obstetric, and nursing     949          

professionals.                                                                  

      (2)  The policy, contract, or agreement shall cover a        951          

physician-directed source of follow-up care.  Services covered as  953          

follow-up care shall include physical assessment of the mother     954          

and newborn, parent education, assistance and training in breast   955          

or bottle feeding, assessment of the home support system,                       

performance of any medically necessary and appropriate clinical    956          

tests, and any other services that are consistent with the         957          

follow-up care recommended in the protocols and guidelines         958          

developed by national organizations that represent pediatric,      959          

obstetric, and nursing professionals.  The coverage shall apply    960          

to services provided in a medical setting or through home health   961          

care visits.  The coverage shall apply to a home health care       962          

visit only if the provider who conducts the visit is               963          

knowledgeable and experienced in maternity and newborn care.       964          

      When a decision is made in accordance with division (B) of   967          

this section to discharge a mother or newborn prior to the                      

expiration of the applicable number of hours of inpatient care     968          

required to be covered, the coverage of follow-up care shall       969          

apply to all follow-up care that is provided within forty-eight    970          

SEVENTY-TWO hours after discharge.  When a mother or newborn       971          

receives at least the number of hours of inpatient care required   973          

to be covered, the coverage of follow-up care shall apply to       974          

follow-up care that is determined to be medically necessary by     975          

the provider responsible for discharging the mother or newborn.    976          

      (B)  Any decision to shorten the length of inpatient stay    978          

to less than that specified under division (A)(1) of this section  980          

shall be made by the physician attending the mother or newborn,    981          

except that if a nurse-midwife is attending the mother in          982          

                                                          21     

                                                                 
collaboration with a physician, the decision may be made by the    983          

nurse-midwife.  Decisions regarding early discharge shall be made  984          

only after conferring with the mother or a person responsible for  985          

the mother or newborn.  For purposes of this division, a person    986          

responsible for the mother or newborn may include a parent,        987          

guardian, or any other person with authority to make medical       988          

decisions for the mother or newborn.                                            

      (C)(1)  No health insuring corporation may do either of the  990          

following:                                                                      

      (a)  Terminate the participation of a provider or health     992          

care facility in an individual or group health care plan solely    993          

for making recommendations for inpatient or follow-up care for a   994          

particular mother or newborn that are consistent with the care     995          

required to be covered by this section;                            996          

      (b)  Establish or offer monetary or other financial          998          

incentives for the purpose of encouraging a person to decline the  1,000        

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

section.                                                           1,001        

      (2)  Whoever violates division (C)(1)(a) or (b) of this      1,003        

section has engaged in an unfair and deceptive act or practice in  1,004        

the business of insurance under sections 3901.19 to 3901.26 of     1,005        

the Revised Code.                                                               

      (D)  This section does not do any of the following:          1,007        

      (1)  Require a policy, contract, or agreement to cover       1,009        

inpatient or follow-up care that is not received in accordance     1,010        

with the policy's, contract's, or agreement's terms pertaining to  1,011        

the providers and facilities from which an individual is           1,012        

authorized to receive health care services;                        1,013        

      (2)  Require a mother or newborn to stay in a hospital or    1,015        

other inpatient setting for a fixed period of time following       1,016        

delivery;                                                                       

      (3)  Require a child to be delivered in a hospital or other  1,018        

inpatient setting;                                                              

      (4)  Authorize a nurse-midwife to practice beyond the        1,020        

                                                          22     

                                                                 
authority to practice nurse-midwifery in accordance with Chapter   1,021        

4723. of the Revised Code;                                         1,022        

      (5)  Establish minimum standards of medical diagnosis,       1,024        

care, or treatment for inpatient or follow-up care for a mother    1,025        

or newborn.  A deviation from the care required to be covered      1,026        

under this section shall not, solely on the basis of this          1,027        

section, give rise to a medical claim or to derivative claims for  1,028        

relief, as those terms are defined in section 2305.11 of the       1,029        

Revised Code.                                                                   

      Sec. 3901.044.  THE SUPERINTENDENT OF INSURANCE MAY ADOPT    1,032        

RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE THAT     1,035        

THE SUPERINTENDENT CONSIDERS NECESSARY AND ADVISABLE FOR THE       1,036        

PURPOSE OF IMPLEMENTING THE "HEALTH INSURANCE PORTABILITY AND      1,040        

ACCOUNTABILITY ACT OF 1996," PUB. L. NO. 104-191, 110 STAT. 1955,  1,045        

42 U.S.C.A. 300gg, AS AMENDED, AND ANY REGULATION ADOPTED          1,047        

THEREUNDER.                                                        1,048        

      Sec. 3901.21.  The following are hereby defined as unfair    1,057        

and deceptive acts or practices in the business of insurance:      1,058        

      (A)  Making, issuing, circulating, or causing or permitting  1,060        

to be made, issued, or circulated, or preparing with intent to so  1,061        

use, any estimate, illustration, circular, or statement            1,062        

misrepresenting the terms of any policy issued or to be issued or  1,063        

the benefits or advantages promised thereby or the dividends or    1,064        

share of the surplus to be received thereon, or making any false   1,065        

or misleading statements as to the dividends or share of surplus   1,066        

previously paid on similar policies, or making any misleading      1,067        

representation or any misrepresentation as to the financial        1,068        

condition of any insurer as shown by the last preceding verified   1,069        

statement made by it to the insurance department of this state,    1,070        

or as to the legal reserve system upon which any life insurer      1,071        

operates, or using any name or title of any policy or class of     1,072        

policies misrepresenting the true nature thereof, or making any    1,073        

misrepresentation or incomplete comparison to any person for the   1,074        

purpose of inducing or tending to induce such person to purchase,  1,075        

                                                          23     

                                                                 
amend, lapse, forfeit, change, or surrender insurance.             1,076        

      Any written statement concerning the premiums for a policy   1,078        

which refers to the net cost after credit for an assumed           1,079        

dividend, without an accurate written statement of the gross       1,080        

premiums, cash values, and dividends based on the insurer's        1,081        

current dividend scale, which are used to compute the net cost     1,082        

for such policy, and a prominent warning that the rate of          1,083        

dividend is not guaranteed, is a misrepresentation for the         1,084        

purposes of this division.                                         1,085        

      (B)  Making, publishing, disseminating, circulating, or      1,087        

placing before the public or causing, directly or indirectly, to   1,088        

be made, published, disseminated, circulated, or placed before     1,089        

the public, in a newspaper, magazine, or other publication, or in  1,090        

the form of a notice, circular, pamphlet, letter, or poster, or    1,091        

over any radio station, or in any other way, or preparing with     1,092        

intent to so use, an advertisement, announcement, or statement     1,093        

containing any assertion, representation, or statement, with       1,094        

respect to the business of insurance or with respect to any        1,095        

person in the conduct of his THE PERSON'S insurance business,      1,096        

which is untrue, deceptive, or misleading.                         1,097        

      (C)  Making, publishing, disseminating, or circulating,      1,099        

directly or indirectly, or aiding, abetting, or encouraging the    1,100        

making, publishing, disseminating, or circulating, or preparing    1,101        

with intent to so use, any statement, pamphlet, circular,          1,102        

article, or literature, which is false as to the financial         1,103        

condition of an insurer and which is calculated to injure any      1,104        

person engaged in the business of insurance.                       1,105        

      (D)  Filing with any supervisory or other public official,   1,107        

or making, publishing, disseminating, circulating, or delivering   1,108        

to any person, or placing before the public, or causing directly   1,109        

or indirectly to be made, published, disseminated, circulated,     1,110        

delivered to any person, or placed before the public, any false    1,111        

statement of financial condition of an insurer.                    1,112        

      Making any false entry in any book, report, or statement of  1,114        

                                                          24     

                                                                 
any insurer with intent to deceive any agent or examiner lawfully  1,115        

appointed to examine into its condition or into any of its         1,116        

affairs, or any public official to whom such insurer is required   1,117        

by law to report, or who has authority by law to examine into its  1,118        

condition or into any of its affairs, or, with like intent,        1,119        

willfully omitting to make a true entry of any material fact       1,120        

pertaining to the business of such insurer in any book, report,    1,121        

or statement of such insurer, or mutilating, destroying,           1,122        

suppressing, withholding, or concealing any of its records.        1,123        

      (E)  Issuing or delivering or permitting agents, officers,   1,125        

or employees to issue or deliver agency company stock or other     1,126        

capital stock or benefit certificates or shares in any common-law  1,127        

corporation or securities or any special or advisory board         1,128        

contracts or other contracts of any kind promising returns and     1,129        

profits as an inducement to insurance.                             1,130        

      (F)  Making or permitting any unfair discrimination among    1,132        

individuals of the same class and equal expectation of life in     1,133        

the rates charged for any contract of life insurance or of life    1,134        

annuity or in the dividends or other benefits payable thereon, or  1,135        

in any other of the terms and conditions of such contract.         1,136        

      (G)(1)  Except as otherwise expressly provided by law,       1,138        

knowingly permitting or offering to make or making any contract    1,139        

of life insurance, life annuity or accident and health insurance,  1,140        

or agreement as to such contract other than as plainly expressed   1,141        

in the contract issued thereon, or paying or allowing, or giving   1,142        

or offering to pay, allow, or give, directly or indirectly, as     1,143        

inducement to such insurance, or annuity, any rebate of premiums   1,144        

payable on the contract, or any special favor or advantage in the  1,145        

dividends or other benefits thereon, or any valuable               1,146        

consideration or inducement whatever not specified in the          1,147        

contract; or giving, or selling, or purchasing, or offering to     1,148        

give, sell, or purchase, as inducement to such insurance or        1,149        

annuity or in connection therewith, any stocks, bonds, or other    1,150        

securities, or other obligations of any insurance company or       1,151        

                                                          25     

                                                                 
other corporation, association, or partnership, or any dividends   1,152        

or profits accrued thereon, or anything of value whatsoever not    1,153        

specified in the contract.                                         1,154        

      (2)  Nothing in division (F) or division (G)(1) of this      1,156        

section shall be construed as prohibiting any of the following     1,157        

practices:  (a) in the case of any contract of life insurance or   1,158        

life annuity, paying bonuses to policyholders or otherwise         1,159        

abating their premiums in whole or in part out of surplus          1,160        

accumulated from nonparticipating insurance, provided that any     1,161        

such bonuses or abatement of premiums shall be fair and equitable  1,162        

to policyholders and for the best interests of the company and     1,163        

its policyholders;  (b) in the case of life insurance policies     1,164        

issued on the industrial debit plan, making allowance to           1,165        

policyholders who have continuously for a specified period made    1,166        

premium payments directly to an office of the insurer in an        1,167        

amount which fairly represents the saving in collection expenses;  1,168        

(c) readjustment of the rate of premium for a group insurance      1,169        

policy based on the loss or expense experience thereunder, at the  1,170        

end of the first or any subsequent policy year of insurance        1,171        

thereunder, which may be made retroactive only for such policy     1,172        

year.                                                              1,173        

      (H)  Making, issuing, circulating, or causing or permitting  1,175        

to be made, issued, or circulated, or preparing with intent to so  1,176        

use, any statement to the effect that a policy of life insurance   1,177        

is, is the equivalent of, or represents shares of capital stock    1,178        

or any rights or options to subscribe for or otherwise acquire     1,179        

any such shares in the life insurance company issuing that policy  1,180        

or any other company.                                              1,181        

      (I)  Making, issuing, circulating, or causing or permitting  1,183        

to be made, issued or circulated, or preparing with intent to so   1,184        

issue, any statement to the effect that payments to a              1,185        

policyholder of the principal amounts of a pure endowment are      1,186        

other than payments of a specific benefit for which specific       1,187        

premiums have been paid.                                           1,188        

                                                          26     

                                                                 
      (J)  Making, issuing, circulating, or causing or permitting  1,190        

to be made, issued, or circulated, or preparing with intent to so  1,191        

use, any statement to the effect that any insurance company was    1,192        

required to change a policy form or related material to comply     1,193        

with Title XXXIX of the Revised Code or any regulation of the      1,194        

superintendent of insurance, for the purpose of inducing or        1,195        

intending to induce any policyholder or prospective policyholder   1,196        

to purchase, amend, lapse, forfeit, change, or surrender           1,197        

insurance.                                                         1,198        

      (K)  Aiding or abetting another to violate this section.     1,200        

      (L)  Refusing to issue any policy of insurance, or           1,202        

canceling or declining to renew such policy because of the sex or  1,203        

marital status of the applicant, prospective insured, insured, or  1,204        

policyholder.                                                      1,205        

      (M)  Making or permitting any unfair discrimination between  1,207        

individuals of the same class and of essentially the same hazard   1,208        

in the amount of premium, policy fees, or rates charged for any    1,209        

policy or contract of insurance, other than life insurance, or in  1,210        

the benefits payable thereunder, or in underwriting standards and  1,211        

practices or eligibility requirements, or in any of the terms or   1,212        

conditions of such contract, or in any other manner whatever.      1,213        

      (N)  Refusing to make available disability income insurance  1,215        

solely because the applicant's principal occupation is that of     1,216        

managing a household.                                              1,217        

      (O)  Refusing, when offering maternity benefits under any    1,219        

individual or group sickness and accident insurance policy, to     1,220        

make maternity benefits available to the policyholder for the      1,221        

individual or individuals to be covered under any comparable       1,222        

policy to be issued for delivery in this state, including family   1,223        

members if the policy otherwise provides coverage for family       1,224        

members.  Nothing in this division shall be construed to prohibit  1,225        

an insurer from imposing a reasonable waiting period for such      1,226        

benefits UNDER AN INDIVIDUAL SICKNESS AND ACCIDENT INSURANCE       1,227        

POLICY, but in no event shall such waiting period exceed two       1,228        

                                                          27     

                                                                 
hundred seventy days.                                              1,229        

      (P)  Using, or permitting to be used, a pattern settlement   1,231        

as the basis of any offer of settlement.  As used in this          1,232        

division, "pattern settlement" means a method by which liability   1,233        

is routinely imputed to a claimant without an investigation of     1,234        

the particular occurrence upon which the claim is based and by     1,235        

using a predetermined formula for the assignment of liability      1,236        

arising out of occurrences of a similar nature.  Nothing in this   1,237        

division shall be construed to prohibit an insurer from            1,238        

determining a claimant's liability by applying formulas or         1,239        

guidelines to the facts and circumstances disclosed by the         1,240        

insurer's investigation of the particular occurrence upon which a  1,241        

claim is based.                                                    1,242        

      (Q)  Refusing to insure, or refusing to continue to insure,  1,244        

or limiting the amount, extent, or kind of life or sickness and    1,245        

accident insurance or annuity coverage available to an             1,246        

individual, or charging an individual a different rate for the     1,247        

same coverage solely because of blindness or partial blindness.    1,248        

With respect to all other conditions, including the underlying     1,249        

cause of blindness or partial blindness, persons who are blind or  1,250        

partially blind shall be subject to the same standards of sound    1,251        

actuarial principles or actual or reasonably anticipated           1,252        

actuarial experience as are sighted persons.  Refusal to insure    1,253        

includes, but is not limited to, denial by an insurer of           1,254        

disability insurance coverage on the grounds that the policy       1,255        

defines "disability" as being presumed in the event that the       1,256        

eyesight of the insured is lost.  However, an insurer may exclude  1,257        

from coverage disabilities consisting solely of blindness or       1,258        

partial blindness when such conditions existed at the time the     1,259        

policy was issued.  To the extent that the provisions of this      1,260        

division may appear to conflict with any provision of section      1,261        

3999.16 of the Revised Code, this division applies.                1,262        

      (R)(1)  Directly or indirectly offering to sell, selling,    1,264        

or delivering, issuing for delivery, renewing, or using or         1,265        

                                                          28     

                                                                 
otherwise marketing any policy of insurance or insurance product   1,266        

in connection with or in any way related to the grant of a         1,267        

student loan guaranteed in whole or in part by an agency or        1,268        

commission of this state or the United States, except insurance    1,269        

that is required under federal or state law as a condition for     1,270        

obtaining such a loan and the premium for which is included in     1,271        

the fees and charges applicable to the loan; or, in the case of    1,272        

an insurer or insurance agent, knowingly permitting any lender     1,273        

making such loans to engage in such acts or practices in           1,274        

connection with the insurer's or agent's insurance business.       1,275        

      (2)  Except in the case of a violation of division (G) of    1,277        

this section, division (R)(1) of this section does not apply to    1,278        

either of the following:                                           1,279        

      (a)  Acts or practices of an insurer, its agents,            1,281        

representatives, or employees in connection with the grant of a    1,282        

guaranteed student loan to its insured or the insured's spouse or  1,283        

dependent children where such acts or practices take place more    1,284        

than ninety days after the effective date of the insurance;        1,285        

      (b)  Acts or practices of an insurer, its agents,            1,287        

representatives, or employees in connection with the               1,288        

solicitation, processing, or issuance of an insurance policy or    1,289        

product covering the student loan borrower or his THE BORROWER'S   1,290        

spouse or dependent children, where such acts or practices take    1,291        

place more than one hundred eighty days after the date on which    1,292        

the borrower is notified that the student loan was approved.       1,293        

      (S)  Denying coverage, under any health insurance or health  1,295        

care policy, contract, or plan providing family coverage, to any   1,296        

natural or adopted child of the named insured or subscriber        1,297        

solely on the basis that the child does not reside in the          1,298        

household of the named insured or subscriber.                      1,299        

      (T)(1)  Using any underwriting standard or engaging in any   1,301        

other act or practice that, directly or indirectly, due solely to  1,302        

the actual or expected ANY health condition of STATUS-RELATED      1,304        

FACTOR IN RELATION TO one or more individuals, does either of the  1,305        

                                                          29     

                                                                 
following:                                                                      

      (a)  Terminates or fails to renew an existing individual     1,307        

policy, contract, or plan of health benefits, or a health benefit  1,308        

plan issued to a small AN employer as those terms are defined in   1,309        

section 3924.01 of the Revised Code, for which an individual       1,310        

would otherwise be eligible;                                                    

      (b)  With respect to a health benefit plan issued to a       1,312        

small AN employer, as those terms are defined in section 3924.01   1,313        

of the Revised Code, excludes or causes the exclusion of an        1,315        

individual from coverage under an existing employer-provided       1,316        

policy, contract, or plan of health benefits, except that an       1,317        

insurer may exclude, on the basis of health status, a late         1,318        

enrollee as defined in section 3924.01 of the Revised Code.        1,319        

      (2)  The superintendent of insurance may adopt rules in      1,321        

accordance with Chapter 119. of the Revised Code for purposes of   1,322        

implementing division (T)(1) of this section.                      1,323        

      (3)  FOR PURPOSES OF DIVISION (T)(1) OF THIS SECTION,        1,327        

"HEALTH STATUS-RELATED FACTOR" MEANS ANY OF THE FOLLOWING:         1,328        

      (a)  HEALTH STATUS;                                          1,330        

      (b)  MEDICAL CONDITION, INCLUDING BOTH PHYSICAL AND MENTAL   1,333        

ILLNESSES;                                                                      

      (c)  CLAIMS EXPERIENCE;                                      1,335        

      (d)  RECEIPT OF HEALTH CARE;                                 1,337        

      (e)  MEDICAL HISTORY;                                        1,339        

      (f)  GENETIC INFORMATION;                                    1,341        

      (g)  EVIDENCE OF INSURABILITY, INCLUDING CONDITIONS ARISING  1,344        

OUT OF ACTS OF DOMESTIC VIOLENCE;                                               

      (h)  DISABILITY.                                             1,346        

      (U)  With respect to a health benefit plan issued to a       1,348        

small employer, as those terms are defined in section 3924.01 of   1,349        

the Revised Code, negligently or willfully placing coverage for    1,350        

adverse risks with a certain carrier, as defined in section        1,351        

3924.01 of the Revised Code.                                                    

      (V)  Using any program, scheme, device, or other unfair act  1,353        

                                                          30     

                                                                 
or practice that, directly or indirectly, causes or results in     1,354        

the placing of coverage for adverse risks with another carrier,    1,355        

as defined in section 3924.01 of the Revised Code.                 1,356        

      (W)  Failing to comply with section 3923.23, 3923.231,       1,358        

3923.232, 3923.233, or 3923.234 of the Revised Code by engaging    1,359        

in any unfair, discriminatory reimbursement practice.              1,360        

      (X)  Intentionally establishing an unfair premium for, or    1,362        

misrepresenting the cost of, any insurance policy financed under   1,363        

a premium finance agreement of an insurance premium finance        1,364        

company.                                                           1,365        

      With respect to private passenger automobile insurance, no   1,367        

insurer shall charge different premium rates to persons residing   1,368        

within the limits of any municipal corporation based solely on     1,369        

the location of the residence of the insured within those limits.  1,370        

      The enumeration in sections 3901.19 to 3901.26 of the        1,372        

Revised Code of specific unfair or deceptive acts or practices in  1,373        

the business of insurance is not exclusive or restrictive or       1,374        

intended to limit the powers of the superintendent of insurance    1,375        

to adopt rules to implement this section, or to take action under  1,376        

other sections of the Revised Code.                                1,377        

      This section does not prohibit the sale of shares of any     1,379        

investment company registered under the "Investment Company Act    1,380        

of 1940," 54 Stat. 789, 15 U.S.C.A. 80a-1, as amended, or any      1,381        

policies, annuities, or other contracts described in section       1,382        

3907.15 of the Revised Code.                                       1,383        

      As used in this section, "estimate," "statement,"            1,385        

"representation," "misrepresentation," "advertisement," or         1,386        

"announcement" includes oral or written occurrences.               1,387        

      Sec. 3901.49.  (A)  As used in this section:                 1,398        

      (1)  "Genetic screening or testing" means a laboratory test  1,400        

of a person's genes or chromosomes for abnormalities, defects, or  1,401        

deficiencies, including carrier status, that are linked to         1,402        

physical or mental disorders or impairments, or that indicate a    1,403        

susceptibility to illness, disease, or other disorders, whether    1,404        

                                                          31     

                                                                 
physical or mental, which test is a direct test for                1,405        

abnormalities, defects, or deficiencies, and not an indirect       1,406        

manifestation of genetic disorders.                                1,407        

      (2)  "Insurer" means any person authorized under Title       1,409        

XXXIX of the Revised Code to engage in the business of sickness    1,410        

and accident insurance.                                            1,411        

      (3)  "Sickness and accident insurance" means sickness and    1,413        

accident insurance under Chapter 3923. of the Revised Code         1,414        

excluding disability income insurance and excluding supplemental   1,415        

policies of sickness and accident insurance.                       1,416        

      (B)  No insurer, in processing an application for an         1,418        

individual or group policy of sickness and accident insurance or   1,419        

in determining insurability under such a policy, shall do any of   1,420        

the following:                                                     1,421        

      (1)  Require an individual seeking coverage to submit to     1,423        

genetic screening or testing;                                      1,424        

      (2)  Take into consideration, other than in accordance with  1,426        

division (F) of this section, the results of genetic screening or  1,427        

testing;                                                           1,428        

      (3)  Make any inquiry to determine the results of genetic    1,430        

screening or testing;                                              1,431        

      (4)  Make a decision adverse to the applicant based on       1,433        

entries in medical records or other reports of genetic screening   1,434        

or testing.                                                        1,435        

      (C)  In developing and asking questions regarding medical    1,437        

histories of applicants for sickness and accident insurance, no    1,438        

insurer shall ask for the results of genetic screening or testing  1,439        

or ask questions designed to ascertain the results of genetic      1,440        

screening or testing.                                              1,441        

      (D)  No insurer shall cancel or refuse to issue or renew     1,443        

coverage under a sickness and accident insurance policy based on   1,444        

the results of genetic screening or testing.                       1,445        

      (E)  No insurer shall deliver, issue for delivery, or renew  1,447        

an individual or group policy of sickness and accident insurance   1,448        

                                                          32     

                                                                 
in this state that limits benefits based on the results of         1,449        

genetic screening or testing.                                      1,450        

      (F)  An insurer may consider the results of genetic          1,452        

screening or testing if the results are voluntarily submitted by   1,453        

an applicant for coverage or renewal of coverage and the results   1,454        

are favorable to the applicant.                                    1,455        

      (G)  A violation of this section is an unfair and deceptive  1,457        

act or practice in the business of insurance under sections        1,458        

3901.19 to 3901.26 of the Revised Code.                            1,459        

      Sec. 3901.491.  (A)  As used in this section:                1,468        

      (1)  "Genetic screening or testing" means a laboratory test  1,470        

of a person's genes or chromosomes for abnormalities, defects, or  1,471        

deficiencies, including carrier status, that are linked to         1,472        

physical or mental disorders or impairments, or that indicate a    1,473        

susceptibility to illness, disease, or other disorders, whether    1,474        

physical or mental, which test is a direct test for                1,475        

abnormalities, defects, or deficiencies, and not an indirect       1,476        

manifestation of genetic disorders.                                1,477        

      (2)  "Insurer" means any person authorized under Title       1,479        

XXXIX of the Revised Code to engage in the business of sickness    1,480        

and accident insurance.                                            1,481        

      (3)  "Sickness and accident insurance" means sickness and    1,483        

accident insurance under Chapter 3923. of the Revised Code         1,484        

excluding disability income insurance and excluding supplemental   1,485        

policies of sickness and accident insurance.                       1,486        

      (B)  Upon the repeal of section 3901.49 of the Revised Code  1,488        

by Sub. H.B. No. 71 of the 120th general assembly, no insurer      1,489        

shall do either of the following:                                  1,490        

      (1)  Consider, in a manner adverse to an applicant or        1,492        

insured, any information obtained from genetic screening or        1,493        

testing conducted prior to the repeal of section 3901.49 of the    1,494        

Revised Code in processing an application for an individual or     1,495        

group policy of sickness and accident insurance, or in             1,496        

determining insurability under such a policy;                      1,497        

                                                          33     

                                                                 
      (2)  Inquire, directly or indirectly, into the results of    1,499        

genetic screening or testing conducted prior to the repeal of      1,500        

section 3901.49 of the Revised Code, or use such information, in   1,501        

whole or in part, to cancel, refuse to issue or renew, or limit    1,502        

benefits under, a sickness and accident insurance policy.          1,503        

      (C)  Any insurer that has engaged in, is engaged in, or is   1,505        

about to engage in a violation of division (B) of this section is  1,506        

subject to the jurisdiction of the superintendent of insurance     1,507        

under section 3901.04 of the Revised Code.                         1,508        

      Sec. 3901.50.  (A)  As used in this section:                 1,519        

      (1)  "Genetic screening or testing" means a laboratory test  1,521        

of a person's genes or chromosomes for abnormalities, defects, or  1,522        

deficiencies, including carrier status, that are linked to         1,523        

physical or mental disorders or impairments, or that indicate a    1,524        

susceptibility to illness, disease, or other disorders, whether    1,525        

physical or mental, which test is a direct test for                1,526        

abnormalities, defects, or deficiencies, and not an indirect       1,527        

manifestation of genetic disorders.                                1,528        

      (2)  "Self-insurer" means any government entity providing    1,530        

coverage for health care services on a self-insurance basis.       1,531        

      (B)  No self-insurer, in processing an application for       1,533        

coverage under a plan of self-insurance or in determining          1,534        

insurability under such a plan, shall do any of the following:     1,535        

      (1)  Require an individual seeking coverage to submit to     1,537        

genetic screening or testing;                                      1,538        

      (2)  Take into consideration, other than in accordance with  1,540        

division (F) of this section, the results of genetic screening or  1,541        

testing;                                                           1,542        

      (3)  Make any inquiry to determine the results of genetic    1,544        

screening or testing;                                              1,545        

      (4)  Make a decision adverse to the applicant based on       1,547        

entries in medical records or other reports of genetic screening   1,548        

or testing.                                                        1,549        

      (C)  In developing and asking questions regarding medical    1,551        

                                                          34     

                                                                 
histories of applicants for coverage under a plan of               1,552        

self-insurance, no self-insurer shall ask for the results of       1,553        

genetic screening or testing or ask questions designed to          1,554        

ascertain the results of genetic screening or testing.             1,555        

      (D)  No self-insurer shall cancel or refuse to provide or    1,557        

renew coverage for health care services based on the results of    1,558        

genetic screening or testing.                                      1,559        

      (E)  No self-insurer shall establish or modify a plan of     1,561        

self-insurance in this state that limits benefits based on the     1,562        

results of genetic screening or testing.                           1,563        

      (F)  A self-insurer may consider the results of genetic      1,565        

screening or testing if the results are voluntarily submitted by   1,566        

an applicant for coverage or renewal of coverage and the results   1,567        

are favorable to the applicant.                                    1,568        

      (G)  A violation of this section is an unfair and deceptive  1,570        

act or practice in the business of insurance under sections        1,571        

3901.19 to 3901.26 of the Revised Code.                            1,572        

      Sec. 3901.501.  (A)  As used in this section:                1,581        

      (1)  "Genetic screening or testing" means a laboratory test  1,583        

of a person's genes or chromosomes for abnormalities, defects, or  1,584        

deficiencies, including carrier status, that are linked to         1,585        

physical or mental disorders or impairments, or that indicate a    1,586        

susceptibility to illness, disease, or other disorders, whether    1,587        

physical or mental, which test is a direct test for                1,588        

abnormalities, defects, or deficiencies, and not an indirect       1,589        

manifestation of genetic disorders.                                1,590        

      (2)  "Self-insurer" means any government entity providing    1,592        

coverage for health care services on a self-insurance basis.       1,593        

      (B)  Upon the repeal of section 3901.50 of the Revised Code  1,595        

by Sub. H.B. No. 71 of the 120th general assembly, no              1,596        

self-insurer shall do either of the following:                     1,597        

      (1)  Consider, in a manner adverse to an applicant or        1,599        

insured, any information obtained from genetic screening or        1,600        

testing conducted prior to the repeal of section 3901.50 of the    1,601        

                                                          35     

                                                                 
Revised Code in processing an application for coverage under a     1,602        

plan of self-insurance or in determining insurability under such   1,603        

a plan;                                                            1,604        

      (2)  Inquire, directly or indirectly, into the results of    1,606        

genetic screening or testing conducted prior to the repeal of      1,607        

section 3901.50 of the Revised Code, or use such information, in   1,608        

whole or in part, to cancel, refuse to provide or renew, or limit  1,609        

benefits under, a plan of self-insurance.                          1,610        

      (C)  Any self-insurer that has engaged in, is engaged in,    1,612        

or is about to engage in a violation of division (B) of this       1,613        

section is subject to the jurisdiction of the superintendent of    1,614        

insurance under section 3901.04 of the Revised Code.               1,615        

      Sec. 3923.021.  (A)  As used in this section, "benefits      1,624        

provided are not unreasonable in relation to the premium charged"  1,625        

means the rates were calculated in accordance with sound           1,626        

actuarial principles.                                              1,627        

      (B)  With respect to any filing, made pursuant to section    1,629        

3923.02 of the Revised Code, of any premium rates for any          1,630        

individual policy of sickness and accident insurance or for any    1,631        

indorsement or rider pertaining thereto, the superintendent of     1,632        

insurance may, within thirty days after filing:                    1,633        

      (1)  Disapprove such filing if he finds AFTER FINDING that   1,635        

the benefits provided are unreasonable in relation to the premium  1,637        

charged. Such disapproval shall be effected by written order of    1,638        

the superintendent, a copy of which shall be mailed to the         1,639        

insurer that has made the filing.  In the order, the               1,640        

superintendent shall specify the reasons for his THE disapproval   1,641        

and state that a hearing will be held within fifteen days after    1,643        

requested in writing by the insurer.  If a hearing is so           1,644        

requested, the superintendent shall also give such public notice   1,645        

as he THE SUPERINTENDENT considers appropriate. The                1,647        

superintendent, within fifteen days after the commencement of any  1,648        

hearing, shall issue a written order, a copy of which shall be     1,649        

mailed to the insurer that has made the filing, either affirming   1,650        

                                                          36     

                                                                 
his THE prior disapproval or approving such filing if he finds     1,652        

AFTER FINDING that the benefits provided are not unreasonable in   1,653        

relation to the premium charged.                                   1,654        

      (2)  Set a date for a public hearing to commence no later    1,656        

than forty days after the filing.  The superintendent shall give   1,657        

the insurer making the filing twenty days' written notice of the   1,658        

hearing and shall give such public notice as he THE                1,659        

SUPERINTENDENT considers appropriate.  The superintendent, within  1,661        

twenty days after the commencement of a hearing, shall issue a     1,662        

written order, a copy of which shall be mailed to the insurer      1,663        

that has made the filing, either approving such filing if he THE   1,664        

SUPERINTENDENT finds that the benefits provided are not            1,666        

unreasonable in relation to the premium charged, or disapproving   1,667        

such filing if he THE SUPERINTENDENT finds that the benefits       1,668        

provided are unreasonable in relation to the premium charged.      1,669        

This division does not apply to any insurer organized or           1,670        

transacting the business of insurance under Chapter 3907. or       1,671        

3909. of the Revised Code.                                         1,672        

      (3)  Take no action, in which case such filing shall be      1,674        

deemed to be approved and shall become effective upon the          1,675        

thirty-first day after such filing, unless the superintendent has  1,676        

previously given to the insurer his A written approval.            1,677        

      (C)  At any time after any filing has been approved          1,679        

pursuant to this section, the superintendent may, after a hearing  1,680        

of which at least twenty days' written notice has been given to    1,681        

the insurer that has made such filing and for which such public    1,682        

notice as he THE SUPERINTENDENT considers appropriate has been     1,683        

given, withdraw approval of such filing if he finds AFTER FINDING  1,685        

that the benefits provided are unreasonable in relation to the     1,687        

premium charged.  Such withdrawal of approval shall be effected    1,688        

by written order of the superintendent, a copy of which shall be   1,689        

mailed to the insurer that has made the filing, which shall state  1,690        

the ground for such withdrawal and the date, not less than forty   1,691        

days after the date of such order, when the withdrawal or          1,692        

                                                          37     

                                                                 
approval shall become effective.                                   1,693        

      (D)  The superintendent may retain at the insurer's expense  1,695        

such attorneys, actuaries, accountants, and other experts not      1,696        

otherwise a part of the superintendent's staff as shall be         1,697        

reasonably necessary to assist in the preparation for and conduct  1,698        

of any public hearing under this section.  The expense for         1,699        

retaining such experts and the expenses of the department of       1,700        

insurance incurred in connection with such public hearing shall    1,701        

be assessed against the insurer in an amount not to exceed one     1,702        

one-hundredth of one per cent of the sum of premiums earned plus   1,703        

net realized investment gain or loss of such insurer as reflected  1,704        

in the most current annual statement on file with the              1,705        

superintendent.  Any person retained shall be under the direction  1,706        

and control of the superintendent and shall act in a purely        1,707        

advisory capacity.                                                 1,708        

      (E)  This section does not apply to any filing of any        1,710        

premium rate or rating formula for individual sickness and         1,711        

accident insurance policies offered in accordance with division    1,712        

(M)(L) of section 3923.58 of the Revised Code, or for any          1,713        

amendment thereto.                                                 1,714        

      Sec. 3923.122.  (A)  Every policy of group sickness and      1,724        

accident insurance providing hospital, surgical, or medical        1,725        

expense coverage for other than specific diseases or accidents     1,726        

only, and delivered, issued for delivery, or renewed in this       1,727        

state on or after January 1, 1976, shall include a provision       1,728        

giving each insured the option to convert to THE FOLLOWING:        1,729        

      (1)  IN THE CASE OF AN INDIVIDUAL WHO IS NOT A FEDERALLY     1,732        

ELIGIBLE INDIVIDUAL, any of the individual policies of hospital,   1,733        

surgical, or medical expense insurance then being issued by the    1,734        

insurer with benefit limits not to exceed those in effect under    1,735        

the group policy;                                                               

      (2)  IN THE CASE OF A FEDERALLY ELIGIBLE INDIVIDUAL, A       1,737        

BASIC OR STANDARD PLAN ESTABLISHED BY THE BOARD OF DIRECTORS OF    1,738        

THE OHIO HEALTH REINSURANCE PROGRAM OR PLANS SUBSTANTIALLY         1,739        

                                                          38     

                                                                 
SIMILAR TO THE BASIC AND STANDARD PLAN IN BENEFIT DESIGN AND       1,740        

SCOPE OF COVERED SERVICES.  FOR PURPOSES OF DIVISION (A)(2) OF     1,741        

THIS SECTION, THE SUPERINTENDENT OF INSURANCE SHALL DETERMINE      1,742        

WHETHER A PLAN IS SUBSTANTIALLY SIMILAR TO THE BASIC OR STANDARD   1,743        

PLAN IN BENEFIT DESIGN AND SCOPE OF COVERED SERVICES.              1,744        

      (B)  An option for conversion to an individual policy shall  1,746        

be available without evidence of insurability to every insured,    1,747        

including any person eligible under division (D) of this section,  1,748        

who terminates his employment or membership in the group holding   1,749        

the policy after having been continuously insured thereunder for   1,750        

at least one year.                                                 1,751        

      Upon receipt of the insured's written application and upon   1,753        

payment of at least the first quarterly premium not later than     1,754        

thirty-one days after the termination of coverage under the group  1,755        

policy, the insurer shall issue a converted policy on a form then  1,756        

available for conversion.  The premium shall be in accordance      1,757        

with the insurer's table of premium rates in effect on the later   1,758        

of the following dates:                                            1,759        

      (1)  The effective date of the converted policy;             1,761        

      (2)  The date of application therefor; and shall be          1,763        

applicable to the class of risk to which each person covered       1,765        

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

PERSON'S then attained age.  HOWEVER, PREMIUMS CHARGED FEDERALLY   1,767        

ELIGIBLE INDIVIDUALS MAY NOT EXCEED AN AMOUNT THAT IS TWO TIMES    1,769        

THE MIDPOINT OF THE STANDARD RATE CHARGED ANY OTHER INDIVIDUAL OF  1,770        

A GROUP TO WHICH THE INSURER IS CURRENTLY ACCEPTING NEW BUSINESS   1,771        

AND FOR WHICH SIMILAR COPAYMENTS AND DEDUCTIBLES ARE APPLIED.      1,772        

      At the election of the insurer, a separate converted policy  1,774        

may be issued to cover any dependent of an employee or member of   1,775        

the group.                                                         1,776        

      Except as provided in division (H) of this section, any      1,778        

converted policy shall become effective as of the day following    1,779        

the date of termination of insurance under the group policy.       1,780        

      Any probationary or waiting period set forth in the          1,782        

                                                          39     

                                                                 
converted policy is deemed to commence on the effective date of    1,783        

the insured's coverage under the group policy.                     1,784        

      (C)  No insurer shall be required to issue a converted       1,786        

policy to any person who is, or is eligible to be, covered for     1,787        

benefits at least comparable to the group policy under:            1,788        

      (1)  Title XVIII of the Social Security Act, as amended or   1,790        

superseded;                                                        1,791        

      (2)  Any act of congress or law under this or any other      1,793        

state of the United States that duplicates coverage offered under  1,794        

division (C)(1) of this section;                                   1,795        

      (3)  Any policy that duplicates coverage offered under       1,797        

division (C)(1) of this section;                                   1,798        

      (4)  Any other group sickness and accident insurance         1,800        

providing hospital, surgical, or medical expense coverage for      1,801        

other than specific diseases or accidents only.                    1,802        

      (D)  The option for conversion shall be available:           1,804        

      (1)  Upon the death of the employee or member, to the        1,806        

surviving spouse with respect to such of the spouse and            1,807        

dependents as are then covered by the group policy;                1,808        

      (2)  To a child solely with respect to himself THE CHILD     1,810        

upon his attaining the limiting age of coverage under the group    1,812        

policy while covered as a dependent thereunder;                    1,813        

      (3)  Upon the divorce, dissolution, or annulment of the      1,815        

marriage of the employee or member, to the divorced spouse, or     1,816        

former spouse in the event of annulment, of such employee or       1,817        

member, or upon the legal separation of the spouse from such       1,818        

employee or member, to the spouse.                                 1,819        

      Persons possessing the option for conversion pursuant to     1,821        

this division shall be considered members for the purposes of      1,822        

division (H) of this section.                                      1,823        

      (E)  If coverage is continued under a group policy on an     1,825        

employee following his retirement prior to the time he THE         1,826        

EMPLOYEE is, or is eligible to be, covered by Title XVIII of the   1,828        

Social Security Act, he THE EMPLOYEE may elect, in lieu of the     1,829        

                                                          40     

                                                                 
continuance of group insurance, to have the same conversion        1,831        

rights as would apply had his THE EMPLOYEE'S insurance terminated  1,833        

at retirement by reason of termination of employment.              1,834        

      (F)  If the insurer and the group policyholder agree upon    1,836        

one or more additional plans of benefits to be available for       1,837        

converted policies, the applicant for the converted policy may     1,838        

elect such a plan in lieu of a converted policy.                   1,839        

      (G)  The converted policy may contain provisions for         1,841        

avoiding duplication of benefits provided pursuant to divisions    1,842        

(C)(1), (2), (3), and (4) of this section or provided under any    1,843        

other insured or noninsured plan or program.                       1,844        

      (H)  If an employee or member becomes entitled to obtain a   1,846        

converted policy pursuant to this section, and if the employee or  1,847        

member has not received notice of the conversion privilege at      1,848        

least fifteen days prior to the expiration of the thirty-one-day   1,849        

conversion period provided in division (B) of this section, then   1,850        

the employee or member has an additional period within which to    1,851        

exercise the privilege.  This additional period shall expire       1,852        

fifteen days after the employee or member receives notice, but in  1,853        

no event shall the period extend beyond sixty days after the       1,854        

expiration of the thirty-one-day conversion period.                1,855        

      Written notice presented to the employee or member, or       1,857        

mailed by the policyholder to the last known address of the        1,858        

employee or member as indicated on its records, constitutes        1,859        

notice for the purpose of this division.  In the case of a person  1,860        

who is eligible for a converted policy under division (D) (2) or   1,861        

(D)(3) of this section, a policyholder shall not be responsible    1,862        

for presenting or mailing such notice, unless such policyholder    1,863        

has actual knowledge of the person's eligibility for a converted   1,864        

policy.                                                            1,865        

      If an additional period is allowed by an employee or member  1,867        

for the exercise of a conversion privilege, and if written         1,868        

application for the converted policy, accompanied by at least the  1,869        

first quarterly premium, is made after the expiration of the       1,870        

                                                          41     

                                                                 
thirty-one-day conversion period, but within the additional        1,871        

period allowed an employee or member in accordance with this       1,872        

division, the effective date of the converted policy shall be the  1,873        

date of application.                                               1,874        

      (I)  The converted policy may provide:                       1,876        

      (1)  That any hospital, surgical, or medical expense         1,878        

benefits otherwise payable with respect to any person may be       1,879        

reduced by the amount of any such benefits payable under the       1,880        

group policy for the same loss after termination of coverage;      1,881        

      (2)  For termination of coverage on any person who is, or    1,883        

is eligible to be, covered pursuant to division (C) of this        1,884        

section;                                                           1,885        

      (3)  That the insurer may request information in advance of  1,887        

any premium due date of the policy as to whether the insured is,   1,888        

or is eligible to be, covered pursuant to division (C) of this     1,889        

section.  If the insured is, or is eligible to be, covered, and    1,890        

he THE INSURED fails to furnish the details of his THE INSURED'S   1,892        

coverage or eligibility to the insurer within thirty-one days      1,893        

after the date of the request, the benefits payable under the      1,894        

converted policy may be based on the hospital, surgical, or        1,895        

medical expenses actually incurred after excluding expenses to     1,896        

the extent of the amount of benefits for which the insured is, or  1,897        

is eligible to be, covered pursuant to division (C) of this        1,898        

section.                                                                        

      (J)  The converted policy may contain:                       1,900        

      (1)  Any exclusion, reduction, or limitation contained in    1,902        

the group policy or customarily used in individual policies        1,903        

issued by the insurer;                                             1,904        

      (2)  Any provision permitted in this section;                1,906        

      (3)  Any other provision not prohibited by law.              1,908        

      Any provision required or permitted in this section may be   1,910        

made a part of any converted policy by means of an endorsement or  1,911        

rider.                                                             1,912        

      (K)  The time limit specified in a converted policy for      1,914        

                                                          42     

                                                                 
certain defenses with respect to any person who was covered by a   1,915        

group policy shall commence on the effective date of such          1,916        

person's coverage under the group policy.                          1,917        

      (L)  No insurer shall use deterioration of health as the     1,919        

basis for refusing to renew a converted policy.                    1,920        

      (M)  No insurer shall use age as the basis for refusing to   1,922        

renew a converted policy.                                          1,923        

      (N)  A converted policy made available pursuant to this      1,925        

section shall, if delivery of the policy is to be made in this     1,926        

state, comply with this section.  If delivery of a converted       1,927        

policy is to be made in another state, it may be on a form         1,928        

offered by the insurer in the jurisdiction where the delivery is   1,929        

to be made and which provides benefits substantially in            1,930        

compliance with those required in a policy delivered in this       1,931        

state.                                                             1,932        

      (O)  AS USED IN THIS SECTION, "FEDERALLY ELIGIBLE            1,935        

INDIVIDUAL" MEANS AN ELIGIBLE INDIVIDUAL AS DEFINED IN 45 C.F.R.   1,937        

148.103.                                                           1,938        

      Sec. 3923.26.  Every certificate furnished by an insurer in  1,947        

connection with, or pursuant to any provision of, any group        1,948        

POLICY OR CERTIFICATE OF sickness and accident insurance policy    1,949        

DELIVERED, ISSUED FOR DELIVERY, OR RENEWED IN THIS STATE           1,950        

providing coverage on an expense-incurred basis, and every         1,952        

individual POLICY OF sickness and accident insurance policy        1,954        

DELIVERED, ISSUED FOR DELIVERY, OR RENEWED IN THIS STATE which     1,955        

provides coverage on an  expense-incurred basis, either of which   1,956        

provides MAKES coverage AVAILABLE for family members of the        1,959        

insured, shall, as to such family members' coverage, also provide  1,960        

that any sickness and accident insurance benefits applicable for   1,961        

children shall be payable with respect to a newly born child of    1,962        

the insured from the moment of birth.                                           

      The coverage for newly born children shall consist of        1,964        

coverage of injury or sickness, including the necessary care and   1,965        

treatment of medically diagnosed congenital defects and birth      1,966        

                                                          43     

                                                                 
abnormalities.                                                     1,967        

      If payment of a specific premium is required to provide      1,969        

coverage for an additional child, the certificate or policy may    1,970        

require that notification of birth of a newly born child and       1,971        

payment of the required premium must be furnished to the insurer   1,972        

within thirty-one days after the date of birth in order to have    1,973        

the coverage continue beyond such period.                          1,974        

      The requirements of this section apply to all such           1,976        

individual or group sickness and accident insurance policies       1,977        

delivered or issued for delivery in this state on or after         1,978        

January 1, 1975, and all such individual or group sickness and     1,979        

accident insurance policies renewed in this state on or after      1,980        

January 1, 1978.                                                   1,981        

      Sec. 3923.40.  No individual or group policy of sickness     1,990        

and accident insurance providing THAT MAKES family coverage        1,991        

AVAILABLE may be delivered, issued for delivery, or renewed in     1,993        

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

adopted children of the insured on the same basis as other         1,994        

dependents.                                                                     

      The coverage required by this section is subject to the      1,996        

requirements and restrictions set forth in section 3924.51 of the  1,997        

Revised Code.                                                      1,998        

      Sec. 3923.57.  Notwithstanding any provision of this         2,007        

chapter, every individual policy of sickness and accident          2,008        

insurance that is delivered, issued for delivery, or renewed in    2,009        

this state is subject to the following conditions, as applicable:  2,010        

      (A)  Pre-existing conditions provisions shall not exclude    2,012        

or limit coverage for a period beyond twelve months following the  2,013        

policyholder's effective date of coverage and may only relate to   2,014        

conditions during the six months immediately preceding the         2,015        

effective date of coverage.                                        2,016        

      (B)  In determining whether a pre-existing conditions        2,018        

provision applies to a policyholder or dependent, each policy      2,019        

shall credit the time the policyholder or dependent was covered    2,020        

                                                          44     

                                                                 
under a previous  policy, contract, or plan if the previous        2,022        

coverage was continuous to a date not more than thirty days prior  2,024        

to the effective date of the new coverage, exclusive of any        2,025        

applicable service waiting period under the policy.                2,026        

      (C)  Any such policy shall be renewable with respect to the  2,028        

policyholder, or dependents of the policyholder, at the option of  2,029        

the policyholder, except for any of the following reasons:         2,030        

      (1)  Nonpayment of the required premiums by the              2,032        

policyholder;                                                      2,033        

      (2)  Fraud or misrepresentation of the policyholder;         2,035        

      (3)  When the insurer ceases to do the business of           2,037        

individual sickness and accident insurance in this state,          2,038        

provided that all of the following conditions are met:             2,039        

      (a)  Notice of the decision to cease doing the business of   2,041        

individual sickness and accident insurance is provided to the      2,042        

department of insurance and the policyholder.                      2,043        

      (b)  An individual policy shall not be canceled by the       2,045        

insurer for ninety days after the date of the notice required      2,047        

under division (C)(3)(a) of this section unless the business has   2,048        

been sold to another insurer.                                      2,049        

      (c)  An insurer that ceases to do the business of            2,051        

individual sickness and accident insurance in this state shall     2,052        

not resume such business in this state for a period of five years  2,053        

from the date of the notice required under division (C)(3)(a) of   2,054        

this section (1)  EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C) OF  2,056        

THIS SECTION, AN INSURER THAT PROVIDES AN INDIVIDUAL SICKNESS AND  2,057        

ACCIDENT INSURANCE POLICY TO AN INDIVIDUAL SHALL RENEW OR          2,058        

CONTINUE IN FORCE SUCH COVERAGE AT THE OPTION OF THE INDIVIDUAL.   2,059        

      (2)  AN INSURER MAY NONRENEW OR DISCONTINUE COVERAGE OF AN   2,062        

INDIVIDUAL IN THE INDIVIDUAL MARKET BASED ONLY ON ONE OR MORE OF   2,063        

THE FOLLOWING REASONS:                                                          

      (a)  THE INDIVIDUAL FAILED TO PAY PREMIUMS OR CONTRIBUTIONS  2,066        

IN ACCORDANCE WITH THE TERMS OF THE POLICY OR THE INSURER HAS NOT  2,067        

RECEIVED TIMELY PREMIUM PAYMENTS.                                               

                                                          45     

                                                                 
      (b)  THE INDIVIDUAL PERFORMED AN ACT OR PRACTICE THAT        2,070        

CONSTITUTES FRAUD OR MADE AN INTENTIONAL MISREPRESENTATION OF      2,071        

MATERIAL FACT UNDER THE TERMS OF THE POLICY.                                    

      (c)  THE INSURER IS CEASING TO OFFER COVERAGE IN THE         2,074        

INDIVIDUAL MARKET IN ACCORDANCE WITH DIVISION (D) OF THIS SECTION  2,075        

AND THE APPLICABLE LAWS OF THIS STATE.                             2,076        

      (d)  IF THE INSURER OFFERS COVERAGE IN THE MARKET THROUGH A  2,079        

NETWORK PLAN, THE INDIVIDUAL NO LONGER RESIDES, LIVES, OR WORKS    2,080        

IN THE SERVICE AREA, OR IN AN AREA FOR WHICH THE INSURER IS        2,081        

AUTHORIZED TO DO BUSINESS; PROVIDED, HOWEVER, THAT SUCH COVERAGE   2,082        

IS TERMINATED UNIFORMLY WITHOUT REGARD TO ANY HEALTH               2,083        

STATUS-RELATED FACTOR OF COVERED INDIVIDUALS.                                   

      (e)  IF THE COVERAGE IS MADE AVAILABLE IN THE INDIVIDUAL     2,086        

MARKET ONLY THROUGH ONE OR MORE BONA FIDE ASSOCIATIONS, THE        2,087        

MEMBERSHIP OF THE INDIVIDUAL IN THE ASSOCIATION, ON THE BASIS OF   2,088        

WHICH THE COVERAGE IS PROVIDED, CEASES; PROVIDED, HOWEVER, THAT    2,089        

SUCH COVERAGE IS TERMINATED UNDER DIVISION (C)(2)(e) OF THIS       2,092        

SECTION UNIFORMLY WITHOUT REGARD TO ANY HEALTH STATUS-RELATED      2,093        

FACTOR OF COVERED INDIVIDUALS.                                                  

      (3)  AN INSURER MAY CANCEL OR DECIDE NOT TO RENEW THE        2,095        

COVERAGE OF A DEPENDENT OF AN INDIVIDUAL IF THE DEPENDENT HAS      2,096        

PERFORMED AN ACT OR PRACTICE THAT CONSTITUTES FRAUD OR MADE AN     2,097        

INTENTIONAL MISREPRESENTATION OF MATERIAL FACT UNDER THE TERMS OF  2,098        

THE COVERAGE AND IF THE CANCELLATION OR NONRENEWAL IS NOT BASED,   2,099        

EITHER DIRECTLY OR INDIRECTLY, ON ANY HEALTH STATUS-RELATED        2,100        

FACTOR IN RELATION TO THE DEPENDENT.                                            

      (D)(1)  IF AN INSURER DECIDES TO DISCONTINUE OFFERING A      2,103        

PARTICULAR TYPE OF HEALTH INSURANCE COVERAGE OFFERED IN THE        2,104        

INDIVIDUAL MARKET, COVERAGE OF SUCH TYPE MAY BE DISCONTINUED BY    2,105        

THE INSURER IF THE INSURER DOES ALL OF THE FOLLOWING:              2,106        

      (a)  PROVIDES NOTICE TO EACH INDIVIDUAL PROVIDED COVERAGE    2,109        

OF THIS TYPE IN SUCH MARKET OF THE DISCONTINUATION AT LEAST        2,110        

NINETY DAYS PRIOR TO THE DATE OF THE DISCONTINUATION OF THE        2,111        

COVERAGE;                                                                       

                                                          46     

                                                                 
      (b)  OFFERS TO EACH INDIVIDUAL PROVIDED COVERAGE OF THIS     2,114        

TYPE IN SUCH MARKET, THE OPTION TO PURCHASE ANY OTHER INDIVIDUAL   2,115        

HEALTH INSURANCE COVERAGE CURRENTLY BEING OFFERED BY THE INSURER   2,116        

FOR INDIVIDUALS IN THAT MARKET;                                                 

      (c)  IN EXERCISING THE OPTION TO DISCONTINUE COVERAGE OF     2,119        

THIS TYPE AND IN OFFERING THE OPTION OF COVERAGE UNDER DIVISION    2,121        

(D)(1)(b) OF THIS SECTION, ACTS UNIFORMLY WITHOUT REGARD TO ANY    2,122        

HEALTH STATUS-RELATED FACTOR OF COVERED INDIVIDUALS OR OF          2,123        

INDIVIDUALS WHO MAY BECOME ELIGIBLE FOR SUCH COVERAGE.             2,124        

      (2)  IF AN INSURER ELECTS TO DISCONTINUE OFFERING ALL        2,126        

HEALTH INSURANCE COVERAGE IN THE INDIVIDUAL MARKET IN THIS STATE,  2,128        

HEALTH INSURANCE COVERAGE MAY BE DISCONTINUED BY THE INSURER ONLY  2,129        

IF BOTH OF THE FOLLOWING APPLY:                                                 

      (a)  THE INSURER PROVIDES NOTICE TO THE DEPARTMENT OF        2,132        

INSURANCE AND TO EACH INDIVIDUAL OF THE DISCONTINUATION AT LEAST   2,133        

ONE HUNDRED EIGHTY DAYS PRIOR TO THE DATE OF THE EXPIRATION OF     2,134        

THE COVERAGE.                                                                   

      (b)  ALL HEALTH INSURANCE DELIVERED OR ISSUED FOR DELIVERY   2,137        

IN THIS STATE IN SUCH MARKET IS DISCONTINUED AND COVERAGE UNDER    2,138        

THAT HEALTH INSURANCE IN THAT MARKET IS NOT RENEWED.               2,139        

      (3)  IN THE EVENT OF A DISCONTINUATION UNDER DIVISION        2,142        

(D)(2) OF THIS SECTION IN THE INDIVIDUAL MARKET, THE INSURER       2,143        

SHALL NOT PROVIDE FOR THE ISSUANCE OF ANY HEALTH INSURANCE         2,144        

COVERAGE IN THE MARKET AND THIS STATE DURING THE FIVE-YEAR PERIOD  2,145        

BEGINNING ON THE DATE OF THE DISCONTINUATION OF THE LAST HEALTH    2,146        

INSURANCE COVERAGE NOT SO RENEWED.                                 2,147        

      (E)  Notwithstanding division DIVISIONS (C) AND (D) of this  2,150        

section, both of the following apply:                                           

      (1)  The benefit structure of any such policy may be         2,153        

changed by the insurer to make it consistent with the benefit                   

structure contained in individual policies being marketed to new   2,154        

individual insureds.                                               2,155        

      (2)  Any such policy may be rescinded for fraud, material    2,157        

misrepresentation, or concealment by an applicant, policyholder,   2,158        

                                                          47     

                                                                 
or dependent AN INSURER MAY, AT THE TIME OF COVERAGE RENEWAL,      2,160        

MODIFY THE HEALTH INSURANCE COVERAGE FOR A POLICY FORM OFFERED TO  2,161        

INDIVIDUALS IN THE INDIVIDUAL MARKET IF THE MODIFICATION IS        2,162        

CONSISTENT WITH THE LAW OF THIS STATE AND EFFECTIVE ON A UNIFORM   2,163        

BASIS AMONG ALL INDIVIDUALS WITH THAT POLICY FORM.                 2,164        

      (F)  SUCH POLICIES ARE SUBJECT TO SECTIONS 2743 AND 2747 OF  2,167        

THE "HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF        2,171        

1996," PUB. L. NO. 104-191, 110 STAT. 1955, 42 U.S.C.A. 300gg-43   2,177        

AND 300gg-47, AS AMENDED.                                          2,178        

      (G)  SECTIONS 3924.031 AND 3924.032 OF THE REVISED CODE      2,182        

SHALL APPLY TO SICKNESS AND ACCIDENT INSURANCE POLICIES OFFERED    2,183        

IN THE INDIVIDUAL MARKET IN THE SAME MANNER AS THEY APPLY TO       2,184        

HEALTH BENEFIT PLANS OFFERED IN THE SMALL EMPLOYER MARKET.         2,185        

      IN ACCORDANCE WITH 45 C.F.R. 148.102, DIVISIONS (C) TO (G)   2,190        

OF THIS SECTION ALSO APPLY TO ALL GROUP SICKNESS AND ACCIDENT      2,191        

INSURANCE POLICIES THAT ARE NOT SOLD IN CONNECTION WITH AN         2,192        

EMPLOYMENT-RELATED GROUP HEALTH PLAN AND THAT PROVIDE MORE THAN    2,193        

SHORT-TERM, LIMITED DURATION COVERAGE.                             2,194        

      IN APPLYING DIVISIONS (C) TO (G) OF THIS SECTION WITH        2,198        

RESPECT TO HEALTH INSURANCE COVERAGE THAT IS MADE AVAILABLE BY AN  2,200        

INSURER IN THE INDIVIDUAL MARKET TO INDIVIDUALS ONLY THROUGH ONE   2,201        

OR MORE ASSOCIATIONS, THE TERM "INDIVIDUAL" INCLUDES THE                        

ASSOCIATION OF WHICH THE INDIVIDUAL IS A MEMBER.                   2,202        

      FOR PURPOSES OF THIS SECTION, ANY POLICY ISSUED PURSUANT TO  2,204        

DIVISION (C) OF SECTION 3923.13 OF THE REVISED CODE IN CONNECTION  2,207        

WITH A PUBLIC OR PRIVATE COLLEGE OR UNIVERSITY STUDENT HEALTH                   

INSURANCE PROGRAM IS CONSIDERED TO BE ISSUED TO A BONA FIDE        2,208        

ASSOCIATION AND IS NOT SUBJECT TO DIVISIONS (C) TO (G) OF THIS     2,210        

SECTION.                                                                        

      AS USED IN THIS SECTION, "BONA FIDE ASSOCIATION" HAS THE     2,213        

SAME MEANING AS IN SECTION 3924.03 OF THE REVISED CODE, AND        2,215        

"HEALTH STATUS-RELATED FACTOR" AND "NETWORK PLAN" HAVE THE SAME    2,216        

MEANINGS AS IN SECTION 3924.031 OF THE REVISED CODE.               2,218        

      This section does not apply to any policy that provides      2,220        

                                                          48     

                                                                 
coverage for specific diseases or accidents only, or to any        2,221        

hospital indemnity, medicare supplement, long-term care,           2,222        

disability income, one-time-limited-duration policy of no longer   2,223        

than six months, or other policy that offers only supplemental     2,224        

benefits.                                                          2,225        

      Sec. 3923.571.  EXCEPT AS OTHERWISE PROVIDED IN SECTION      2,227        

2721 OF THE "HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT   2,232        

OF 1996," PUB. L. NO. 104-191, 110 STAT. 1955, 42 U.S.C.A.         2,238        

300gg-21, AS AMENDED, THE FOLLOWING CONDITIONS APPLY TO ALL GROUP  2,239        

POLICIES OF SICKNESS AND ACCIDENT INSURANCE THAT ARE SOLD IN                    

CONNECTION WITH AN EMPLOYMENT-RELATED GROUP HEALTH PLAN AND THAT   2,240        

ARE NOT SUBJECT TO SECTION 3924.03 OF THE REVISED CODE:            2,241        

      (A)  ANY SUCH POLICY SHALL COMPLY WITH THE REQUIREMENTS OF   2,243        

DIVISION (A) OF SECTION 3924.03 AND SECTION 3924.033 OF THE        2,245        

REVISED CODE.                                                                   

      (B)(1)  EXCEPT AS PROVIDED IN SECTION 2712(b) TO (e) OF THE  2,249        

"HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996," IF  2,253        

AN INSURER OFFERS COVERAGE IN THE SMALL OR LARGE GROUP MARKET IN   2,254        

CONNECTION WITH A GROUP POLICY, THE INSURER SHALL RENEW OR         2,255        

CONTINUE IN FORCE SUCH COVERAGE AT THE OPTION OF THE               2,256        

POLICYHOLDER.                                                                   

      (2)  AN INSURER MAY CANCEL OR DECIDE NOT TO RENEW THE        2,258        

COVERAGE OF AN EMPLOYEE OR OF A DEPENDENT OF AN EMPLOYEE IF THE    2,259        

EMPLOYEE OR DEPENDENT, AS APPLICABLE, HAS PERFORMED AN ACT OR      2,260        

PRACTICE THAT CONSTITUTES FRAUD OR MADE AN INTENTIONAL             2,261        

MISREPRESENTATION OF MATERIAL FACT UNDER THE TERMS OF THE                       

COVERAGE AND IF THE CANCELLATION OR NONRENEWAL IS NOT BASED,       2,262        

EITHER DIRECTLY OR INDIRECTLY, ON ANY HEALTH STATUS-RELATED        2,263        

FACTOR IN RELATION TO THE EMPLOYEE OR DEPENDENT.                   2,264        

      AS USED IN DIVISION (B)(2) OF THIS SECTION, "HEALTH          2,267        

STATUS-RELATED FACTOR" HAS THE SAME MEANING AS IN SECTION                       

3924.031 OF THE REVISED CODE.                                      2,269        

      (C)(1)  NO SUCH POLICY, OR INSURER OFFERING HEALTH           2,271        

INSURANCE COVERAGE IN CONNECTION WITH SUCH A POLICY, SHALL         2,273        

                                                          49     

                                                                 
REQUIRE ANY INDIVIDUAL, AS A CONDITION OF COVERAGE OR CONTINUED    2,274        

COVERAGE UNDER THE POLICY, TO PAY A PREMIUM OR CONTRIBUTION THAT   2,275        

IS GREATER THAN THE PREMIUM OR CONTRIBUTION FOR A SIMILARLY        2,276        

SITUATED INDIVIDUAL COVERED UNDER THE POLICY ON THE BASIS OF ANY   2,277        

HEALTH STATUS-RELATED FACTOR IN RELATION TO THE INDIVIDUAL OR TO   2,278        

AN INDIVIDUAL COVERED UNDER THE POLICY AS A DEPENDENT OF THE       2,279        

INDIVIDUAL.                                                        2,280        

      (2)  NOTHING IN DIVISION (C)(1) OF THIS SECTION SHALL BE     2,283        

CONSTRUED TO RESTRICT THE AMOUNT THAT AN EMPLOYER MAY BE CHARGED   2,284        

FOR COVERAGE UNDER A GROUP POLICY, OR TO PREVENT A GROUP POLICY,   2,285        

AND AN INSURER OFFERING GROUP HEALTH INSURANCE COVERAGE, FROM      2,286        

ESTABLISHING PREMIUM DISCOUNTS OR REBATES OR MODIFYING OTHERWISE   2,287        

APPLICABLE COPAYMENTS OR DEDUCTIBLES IN RETURN FOR ADHERENCE TO    2,288        

PROGRAMS OF HEALTH PROMOTION AND DISEASE PREVENTION.               2,289        

      (D)  SUCH POLICIES SHALL PROVIDE FOR THE SPECIAL ENROLLMENT  2,292        

PERIODS DESCRIBED IN SECTION 2701(f) OF THE "HEALTH INSURANCE      2,296        

PORTABILITY AND ACCOUNTABILITY ACT OF 1996."                       2,298        

      Sec. 3923.58.  (A)  As used in sections 3923.58 and 3923.59  2,307        

of the Revised Code:                                               2,308        

      (1)  "Case characteristics," "eligible employee," "health    2,310        

HEALTH benefit plan," "late enrollee," AND "MEWA," and             2,312        

"pre-existing conditions provision" have the same meanings as in   2,313        

section 3924.01 of the Revised Code.                               2,314        

      (2)  "Insurer" means any sickness and accident insurance     2,316        

company authorized to issue health benefit plans DO BUSINESS in    2,317        

this state, or MEWA authorized to issue insured health benefit     2,319        

plans in this state.  "Insurer" does not include any health        2,320        

insuring corporation that is owned or operated by an insurer.      2,322        

      (3)  "Small employer" means any person, firm, corporation,   2,324        

or partnership actively engaged in business whose total employed   2,325        

work force, on at least fifty per cent of its working days during  2,326        

the preceding year, consisted of at least two unrelated eligible   2,327        

employees but no more than twenty-five eligible employees, the     2,328        

majority of whom were employed within this state.  In determining  2,329        

                                                          50     

                                                                 
the number of eligible employees, companies that are affiliated    2,330        

companies or that are eligible to file a combined tax return for   2,331        

purposes of state taxation shall be considered one employer.  In   2,332        

determining whether the members of an association are small        2,333        

employers, each member of the association shall be considered as   2,334        

a separate person, firm, corporation, or partnership.              2,335        

      (4)  "Small employer group" means any group consisting of    2,337        

all of the eligible employees of a small employer, except those    2,338        

employees who are covered, or are eligible for coverage, under     2,339        

any other private or public health benefits arrangement,           2,340        

including the medicare program established under Title XVIII of    2,341        

the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,   2,342        

as amended, or any other act of congress or law of this or any     2,343        

other state of the United States that provides benefits            2,344        

comparable to the benefits provided under this section             2,345        

PRE-EXISTING CONDITIONS PROVISION" MEANS A POLICY PROVISION THAT   2,348        

EXCLUDES OR LIMITS COVERAGE FOR CHARGES OR EXPENSES INCURRED       2,349        

DURING A SPECIFIED PERIOD FOLLOWING THE INSURED'S EFFECTIVE DATE   2,350        

OF COVERAGE AS TO A CONDITION WHICH, DURING A SPECIFIED PERIOD     2,351        

IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF COVERAGE, HAD          2,352        

MANIFESTED ITSELF IN SUCH A MANNER AS WOULD CAUSE AN ORDINARILY    2,353        

PRUDENT PERSON TO SEEK MEDICAL ADVICE, DIAGNOSIS, CARE, OR         2,354        

TREATMENT OR FOR WHICH MEDICAL ADVICE, DIAGNOSIS, CARE, OR         2,355        

TREATMENT WAS RECOMMENDED OR RECEIVED, OR A PREGNANCY EXISTING ON  2,356        

THE EFFECTIVE DATE OF COVERAGE.                                                 

      (B)  Beginning in January of each year, insurers IN THE      2,359        

BUSINESS OF ISSUING INDIVIDUAL POLICIES OF SICKNESS AND ACCIDENT   2,360        

INSURANCE AS CONTEMPLATED BY SECTION 3923.021 OF THE REVISED       2,362        

CODE, EXCEPT INDIVIDUAL POLICIES ISSUED PURSUANT TO SECTION        2,363        

3923.122 OF THE REVISED CODE, shall accept applicants for open     2,367        

enrollment coverage, as set forth in divisions (B)(1) and (2) of   2,368        

this section DIVISION, in the order in which they apply for        2,370        

coverage and subject to the limitation set forth in division (G)   2,371        

of this section:.  INSURERS                                                     

                                                          51     

                                                                 
      (1)  Insurers in the business of issuing health benefit      2,373        

plans to small employer groups shall accept small employer groups  2,374        

for which coverage is not otherwise available and for whom         2,375        

coverage had not been terminated by the employer or by an          2,376        

insurer, health maintenance organization, or health insuring       2,378        

corporation during the preceding twelve-month period;                           

      (2)  Insurers in the business of issuing individual          2,380        

policies of sickness and accident insurance as contemplated by     2,381        

section 3923.021 of the Revised Code, except individual policies   2,382        

issued pursuant to section 3923.122 of the Revised Code, shall     2,383        

either accept individuals pursuant to the open enrollment          2,384        

requirements of section 3941.53 of the Revised Code, if subject    2,385        

to that section, or accept for coverage pursuant to this section   2,387        

individuals to whom both of the following conditions apply:        2,388        

      (a)(1)  The individual is not applying for coverage as an    2,390        

employee of an employer, as a member of an association, or as a    2,391        

member of any other group.                                         2,392        

      (b)(2)  The individual is not covered, and is not eligible   2,394        

for coverage, under any other private or public health benefits    2,395        

arrangement, including the medicare program established under      2,396        

Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42  2,397        

U.S.C.A. 301, as amended, or any other act of congress or law of   2,398        

this or any other state of the United States that provides         2,399        

benefits comparable to the benefits provided under this section,   2,400        

any medicare supplement policy, or any conversion or continuation  2,401        

of coverage policy under state or federal law.                     2,402        

      (C)  An insurer shall offer to any individual or small       2,404        

employer group accepted under this section the small employer      2,406        

health care plan established by the board of directors of the      2,407        

Ohio small employer health reinsurance program under division (A)  2,409        

of section 3924.10 of the Revised Code or a health benefit plan                 

that is substantially similar to the small employer health care    2,410        

plan in benefit plan design and scope of covered services.         2,411        

      An insurer may offer other health benefit plans in addition  2,413        

                                                          52     

                                                                 
to, but not in lieu of, the plan required to be offered under      2,414        

this division.  These additional health benefit plans shall        2,415        

provide, at a minimum, the coverage provided by the small          2,416        

employer health care plan or any health benefit plan that is       2,417        

substantially similar to the small employer health care plan in                 

benefit plan design and scope of covered services.                 2,418        

      For purposes of this division, the superintendent of         2,420        

insurance shall determine whether a health benefit plan is         2,421        

substantially similar to the small employer health care plan in    2,422        

benefit plan design and scope of covered services.                 2,423        

      (D)  Health benefit plans issued under this section may      2,425        

establish pre-existing conditions provisions that exclude or       2,426        

limit coverage for a period of up to twelve months following the   2,427        

individual's effective date of coverage and that may relate only   2,428        

to conditions during the six months immediately preceding the      2,429        

effective date of coverage.  However, an insurer may exclude a     2,430        

late enrollee for a period of up to eighteen months following the  2,431        

individual's date of application for coverage.                     2,432        

      (E)  Premiums charged to groups or individuals under this    2,434        

section may not exceed an amount that is two and one-half times    2,435        

the highest rate charged any other group with similar case         2,436        

characteristics or any other individual to which the insurer is    2,437        

currently accepting new business, and for which similar            2,438        

copayments and deductibles are applied.                            2,439        

      (F)  In offering health benefit plans under this section,    2,441        

an insurer may require the purchase of health benefit plans that   2,442        

condition the reimbursement of health services upon the use of a   2,443        

specific network of providers.                                     2,444        

      (G)(1)  In no event shall an insurer be required to accept   2,446        

annually under this section either individuals or small employer   2,447        

groups that WHO, in the aggregate, would cause the insurer to      2,448        

have a total number of new insureds that is more than one-half     2,450        

per cent of its total number of insured individuals in this state  2,451        

per year, as contemplated by section 3923.021 of the Revised       2,452        

                                                          53     

                                                                 
Code, and small group certificate holders of health benefit plans  2,453        

in this state per year, calculated as of the immediately           2,455        

preceding thirty-first day of December and excluding the           2,456        

insurer's medicare supplement policies and conversion or           2,457        

continuation of coverage policies under state or federal law and   2,458        

any policies described in division (N)(M) of this section.  If an  2,459        

insurer is subject to, and elects to operate under, the            2,461        

individual open enrollment requirements of section 3941.53 of the  2,462        

Revised Code, in no event shall the insurer be required to accept  2,463        

annually under this section small employer groups that would       2,464        

cause the insurer to have a total number of new insureds that is   2,465        

more than one-half per cent of its total number of small group     2,466        

certificate holders calculated as set forth in division (G)(1) of  2,467        

this section.                                                                   

      (2)  An officer of the insurer shall certify to the          2,469        

department of insurance when it has met the enrollment limit set   2,470        

forth in division (G)(1) of this section.  Upon providing such     2,471        

certification, the insurer shall be relieved of its open           2,472        

enrollment requirement under this section for the remainder of     2,473        

the calendar year.                                                 2,474        

      (H)  An insurer shall not be required to accept under this   2,476        

section applicants who, at the time of enrollment, are confined    2,477        

to a health care facility because of chronic illness, permanent    2,478        

injury, or other infirmity that would cause economic impairment    2,479        

to the insurer if the applicants were accepted, or to make the     2,480        

effective date of benefits for individuals or groups accepted      2,481        

under this section earlier than ninety days after the date of      2,482        

acceptance.                                                        2,483        

      (I)  The requirements of this section do not apply to any    2,485        

insurer that is currently in a state of supervision, insolvency,   2,486        

or liquidation.  If an insurer demonstrates to the satisfaction    2,487        

of the superintendent that the requirements of this section would  2,489        

place the insurer in a state of supervision, insolvency, or        2,490        

liquidation, the superintendent may waive or modify the            2,491        

                                                          54     

                                                                 
requirements of division (B) or (G) of this section.  The actions               

of the superintendent under this division shall be effective for   2,493        

a period of not more than one year.  At the expiration of such     2,494        

time, a new showing of need for a waiver or modification by the    2,495        

insurer shall be made before a new waiver or modification is       2,496        

issued or imposed.                                                              

      (J)  No hospital, health care facility, or health care       2,498        

practitioner, and no person who employs any health care            2,499        

practitioner, shall balance bill any individual or dependent of    2,500        

an individual or any eligible employee or dependent of an          2,502        

employee for any health care supplies or services provided to the               

individual or dependent or the eligible employee or dependent,     2,503        

who is insured under a policy or enrolled under a health benefit   2,505        

plan issued under this section.  The hospital, health care         2,506        

facility, or health care practitioner, or any person that employs  2,507        

the health care practitioner, shall accept payments made to it by  2,508        

the insurer under the terms of the policy or contract insuring or  2,510        

covering such individual as payment in full for such health care   2,511        

supplies or services.                                              2,512        

      As used in this division, "hospital" has the same meaning    2,514        

as in section 3727.01 of the Revised Code; "health care            2,515        

practitioner" has the same meaning as in section 4769.01 of the    2,516        

Revised Code; and "balance bill" means charging or collecting an   2,517        

amount in excess of the amount reimbursable or payable under the   2,518        

policy or health care service contract issued to an individual or  2,519        

group under this section for such health care supply or service.   2,520        

"Balance bill" does not include charging for or collecting         2,521        

copayments or deductibles required by the policy or contract.      2,522        

      (K)  An insurer shall pay an agent a commission in the       2,524        

amount of five per cent of the premium charged for initial         2,525        

placement or for otherwise securing the issuance of a policy or    2,526        

contract issued to an individual or small employer group under     2,527        

this section, and four per cent of the premium charged for the                  

renewal of such a policy or contract.  The superintendent may      2,528        

                                                          55     

                                                                 
adopt, in accordance with Chapter 119. of the Revised Code, such   2,529        

rules as are necessary to enforce this division.                   2,530        

      (L)  Except as otherwise provided in this section, sections  2,532        

3924.01 to 3924.06 of the Revised Code apply to all health         2,533        

benefit plans issued under this section.                           2,534        

      (M)  Individuals accepted for coverage under this section    2,536        

may be issued contracts and certificates subject to the            2,537        

requirements of section 3923.12 of the Revised Code.  The          2,538        

coverage issued to such individuals is not subject to the          2,539        

requirements of section 3923.021 of the Revised Code.              2,540        

      (N)(M)  This section does not apply to any policy that       2,542        

provides coverage for specific diseases or accidents only, or to   2,544        

any hospital indemnity, medicare supplement, long-term care,                    

disability income, one-time-limited-duration policy of no longer   2,546        

than six months, or other policy that offers only supplemental     2,547        

benefits.                                                                       

      Sec. 3923.581.  (A)  AS USED IN THIS SECTION:                2,549        

      (1)  "CARRIER," "HEALTH BENEFIT PLAN," "MEWA," AND           2,551        

"PRE-EXISTING CONDITIONS PROVISION" HAVE THE SAME MEANINGS AS IN   2,553        

SECTION 3924.01 OF THE REVISED CODE.                                            

      (2)  "FEDERALLY ELIGIBLE INDIVIDUAL" MEANS AN ELIGIBLE       2,555        

INDIVIDUAL AS DEFINED IN 45 C.F.R. 148.103.                        2,556        

      (3)  "HEALTH STATUS-RELATED FACTOR" MEANS ANY OF THE         2,557        

FOLLOWING:                                                                      

      (a)  HEALTH STATUS;                                          2,559        

      (b)  MEDICAL CONDITION, INCLUDING BOTH PHYSICAL AND MENTAL   2,561        

ILLNESSES;                                                         2,562        

      (c)  CLAIMS EXPERIENCE;                                      2,564        

      (d)  RECEIPT OF HEALTH CARE;                                 2,566        

      (e)  MEDICAL HISTORY;                                        2,568        

      (f)  GENETIC INFORMATION;                                    2,570        

      (g)  EVIDENCE OF INSURABILITY, INCLUDING CONDITIONS ARISING  2,572        

OUT OF ACTS OF DOMESTIC VIOLENCE;                                  2,573        

      (h)  DISABILITY.                                             2,575        

                                                          56     

                                                                 
      (4)  "MIDPOINT RATE" MEANS, FOR INDIVIDUALS WITH SIMILAR     2,577        

CASE CHARACTERISTICS AND PLAN DESIGNS AND AS DETERMINED BY THE     2,578        

APPLICABLE CARRIER FOR A RATING PERIOD, THE ARITHMETIC AVERAGE OF  2,579        

THE APPLICABLE BASE PREMIUM RATE AND THE CORRESPONDING HIGHEST     2,580        

PREMIUM RATE.                                                                   

      (5)  "NETWORK PLAN" MEANS A HEALTH BENEFIT PLAN OF A         2,582        

CARRIER UNDER WHICH THE FINANCING AND DELIVERY OF MEDICAL CARE,    2,583        

INCLUDING ITEMS AND SERVICES PAID FOR AS MEDICAL CARE, ARE         2,584        

PROVIDED, IN WHOLE OR IN PART, THROUGH A DEFINED SET OF PROVIDERS  2,585        

UNDER CONTRACT WITH THE CARRIER.                                                

      (B)  BEGINNING IN JANUARY OF EACH YEAR, CARRIERS IN THE      2,587        

BUSINESS OF ISSUING HEALTH BENEFIT PLANS TO INDIVIDUALS OR         2,588        

NONEMPLOYER GROUPS SHALL ACCEPT FEDERALLY ELIGIBLE INDIVIDUALS     2,589        

FOR OPEN ENROLLMENT COVERAGE, AS PROVIDED IN THIS SECTION, IN THE  2,590        

ORDER IN WHICH THEY APPLY FOR COVERAGE AND SUBJECT TO THE          2,591        

LIMITATION SET FORTH IN DIVISION (J) OF THIS SECTION.              2,592        

      (C)  NO CARRIER SHALL DO EITHER OF THE FOLLOWING:            2,594        

      (1)  DECLINE TO OFFER SUCH COVERAGE TO, OR DENY ENROLLMENT   2,596        

OF, SUCH INDIVIDUALS;                                              2,597        

      (2)  APPLY ANY PRE-EXISTING CONDITIONS PROVISION TO SUCH     2,599        

COVERAGE.                                                                       

      (D)  A CARRIER SHALL OFFER TO FEDERALLY ELIGIBLE             2,601        

INDIVIDUALS THE BASIC AND STANDARD PLAN ESTABLISHED BY THE BOARD   2,602        

OF DIRECTORS OF THE OHIO HEALTH REINSURANCE PROGRAM OR PLANS       2,603        

SUBSTANTIALLY SIMILAR TO THE BASIC AND STANDARD PLAN IN BENEFIT    2,605        

DESIGN AND SCOPE OF COVERED SERVICES.  FOR PURPOSES OF THIS        2,606        

DIVISION, THE SUPERINTENDENT OF INSURANCE SHALL DETERMINE WHETHER  2,607        

A PLAN IS SUBSTANTIALLY SIMILAR TO THE BASIC OR STANDARD PLAN IN                

BENEFIT DESIGN AND SCOPE OF COVERED SERVICES.                      2,608        

      (E)  PREMIUMS CHARGED TO INDIVIDUALS UNDER THIS SECTION MAY  2,610        

NOT EXCEED AN AMOUNT THAT IS TWO TIMES THE MIDPOINT RATE CHARGED   2,611        

ANY OTHER INDIVIDUAL TO WHICH THE CARRIER IS CURRENTLY ACCEPTING   2,612        

NEW BUSINESS, AND FOR WHICH SIMILAR COPAYMENTS AND DEDUCTIBLES     2,613        

ARE APPLIED.                                                                    

                                                          57     

                                                                 
      (F)  IF A CARRIER OFFERS A HEALTH BENEFIT PLAN IN THE        2,615        

INDIVIDUAL MARKET THROUGH A NETWORK PLAN, THE CARRIER MAY DO BOTH  2,616        

OF THE FOLLOWING:                                                               

      (1)  LIMIT THE FEDERALLY ELIGIBLE INDIVIDUALS THAT MAY       2,618        

APPLY FOR SUCH COVERAGE TO THOSE WHO LIVE, WORK, OR RESIDE IN THE  2,619        

SERVICE AREA OF THE NETWORK PLAN;                                  2,621        

      (2)  WITHIN THE SERVICE AREA OF THE NETWORK PLAN, DENY THE   2,623        

COVERAGE TO FEDERALLY ELIGIBLE INDIVIDUALS IF THE CARRIER HAS      2,624        

DEMONSTRATED BOTH OF THE FOLLOWING TO THE SUPERINTENDENT:          2,625        

      (a)  THE CARRIER WILL NOT HAVE THE CAPACITY TO DELIVER       2,627        

SERVICES ADEQUATELY TO ANY ADDITIONAL INDIVIDUALS BECAUSE OF THE   2,628        

CARRIER'S OBLIGATIONS TO EXISTING GROUP CONTRACT HOLDERS AND       2,629        

INDIVIDUALS.                                                                    

      (b)  THE CARRIER IS APPLYING DIVISION (F)(2) OF THIS         2,631        

SECTION UNIFORMLY TO ALL FEDERALLY ELIGIBLE INDIVIDUALS WITHOUT    2,632        

REGARD TO ANY HEALTH STATUS-RELATED FACTOR OF THOSE INDIVIDUALS.   2,633        

      (G)  A CARRIER THAT, PURSUANT TO DIVISION (F)(2) OF THIS     2,636        

SECTION, DENIES COVERAGE TO AN INDIVIDUAL IN THE SERVICE AREA OF   2,637        

A NETWORK PLAN, SHALL NOT OFFER COVERAGE IN THE INDIVIDUAL MARKET  2,638        

WITHIN THAT SERVICE AREA FOR AT LEAST ONE HUNDRED EIGHTY DAYS      2,639        

AFTER THE DATE THE COVERAGE IS DENIED.                             2,640        

      (H)  A CARRIER MAY REFUSE TO ISSUE HEALTH BENEFIT PLANS TO   2,642        

FEDERALLY ELIGIBLE INDIVIDUALS IF THE CARRIER HAS DEMONSTRATED     2,643        

BOTH OF THE FOLLOWING TO THE SUPERINTENDENT:                       2,644        

      (1)  THE CARRIER DOES NOT HAVE THE FINANCIAL RESERVES        2,646        

NECESSARY TO UNDERWRITE ADDITIONAL COVERAGE.                       2,647        

      (2)  THE CARRIER IS APPLYING DIVISION (H) OF THIS SECTION    2,649        

UNIFORMLY TO ALL FEDERALLY ELIGIBLE INDIVIDUALS IN THIS STATE      2,650        

CONSISTENT WITH THE APPLICABLE LAWS AND RULES OF THIS STATE AND    2,651        

WITHOUT REGARD TO ANY HEALTH STATUS-RELATED FACTOR RELATING TO     2,652        

THOSE INDIVIDUALS.                                                              

      (I)  A CARRIER THAT, PURSUANT TO DIVISION (H) OF THIS        2,654        

SECTION, REFUSES TO ISSUE HEALTH BENEFIT PLANS TO FEDERALLY        2,655        

ELIGIBLE INDIVIDUALS, SHALL NOT OFFER HEALTH BENEFIT PLANS IN THE  2,656        

                                                          58     

                                                                 
INDIVIDUAL MARKET IN THIS STATE FOR AT LEAST ONE HUNDRED EIGHTY    2,657        

DAYS AFTER THE DATE THE COVERAGE IS DENIED OR UNTIL THE CARRIER    2,659        

HAS DEMONSTRATED TO THE SUPERINTENDENT THAT THE CARRIER HAS        2,660        

SUFFICIENT FINANCIAL RESERVES TO UNDERWRITE ADDITIONAL COVERAGE,                

WHICHEVER IS LATER.                                                2,661        

      (J)(1)  EXCEPT AS PROVIDED IN DIVISION (J)(2) OF THIS        2,664        

SECTION, A CARRIER SHALL NOT BE REQUIRED TO ACCEPT ANNUALLY UNDER  2,666        

THIS SECTION FEDERALLY ELIGIBLE INDIVIDUALS WHO, IN THE            2,667        

AGGREGATE, WOULD CAUSE THE CARRIER TO HAVE A TOTAL NUMBER OF NEW   2,668        

INSUREDS THAT IS MORE THAN ONE-HALF PER CENT OF ITS TOTAL NUMBER   2,669        

OF INSURED INDIVIDUALS AND NONEMPLOYER GROUPS IN THIS STATE PER    2,670        

YEAR, CALCULATED AS OF THE IMMEDIATELY PRECEDING THIRTY-FIRST DAY               

OF DECEMBER AND EXCLUDING THE CARRIER'S MEDICARE SUPPLEMENT        2,672        

POLICIES AND CONVERSION OR CONTINUATION OF COVERAGE POLICIES       2,674        

UNDER STATE OR FEDERAL LAW AND ANY POLICIES DESCRIBED IN DIVISION  2,675        

(M) OF SECTION 3923.58 OF THE REVISED CODE.                        2,676        

      (2)  AN OFFICER OF THE CARRIER SHALL CERTIFY TO THE          2,678        

DEPARTMENT OF INSURANCE WHEN IT HAS MET THE ENROLLMENT LIMIT SET   2,679        

FORTH IN DIVISION (J)(1) OF THIS SECTION.  UPON PROVIDING SUCH     2,680        

CERTIFICATION, THE CARRIER SHALL BE RELIEVED OF ITS OPEN           2,681        

ENROLLMENT REQUIREMENT UNDER THIS SECTION FOR THE REMAINDER OF     2,682        

THE CALENDAR YEAR UNLESS, PRIOR TO THE END OF THE CALENDAR YEAR,   2,684        

ALL THE CARRIERS SUBJECT TO THIS SECTION HAVE INDIVIDUALLY MET     2,685        

THE ENROLLMENT LIMIT SET FORTH IN DIVISION (J)(1) OF THIS          2,687        

SECTION.  IN THAT EVENT, CARRIERS SHALL AGAIN ACCEPT APPLICANTS    2,688        

FOR OPEN ENROLLMENT COVERAGE PURSUANT TO THIS SECTION, SUBJECT TO  2,689        

THE ENROLLMENT LIMIT SET FORTH IN DIVISION (J)(1) OF THIS          2,691        

SECTION.                                                                        

      (K)  THE SUPERINTENDENT MAY PROVIDE FOR THE APPLICATION OF   2,693        

THIS SECTION ON A SERVICE-AREA-SPECIFIC BASIS.                     2,694        

      (L)  THE REQUIREMENTS OF THIS SECTION DO NOT APPLY TO ANY    2,696        

HEALTH BENEFIT PLAN DESCRIBED IN DIVISION (M) OF SECTION 3923.58   2,697        

OF THE REVISED CODE.                                                            

      Sec. 3923.59.  Any insurer may reinsure coverage of any      2,706        

                                                          59     

                                                                 
individual, small employer group, or member of that NONEMPLOYER    2,707        

group acquired under section 3923.58 OR 3923.581 of the Revised    2,710        

Code with the Ohio small employer health OPEN ENROLLMENT           2,711        

reinsurance program in accordance with division (G) of section     2,713        

3924.11 of the Revised Code.  Premium rates charged for coverage   2,714        

reinsured by the program shall be established in accordance with   2,715        

section 3924.12 of the Revised Code.                                            

      Sec. 3923.63.  (A)  Notwithstanding section 3901.71 of the   2,724        

Revised Code, each individual or group policy of sickness and      2,726        

accident insurance delivered, issued for delivery, or renewed in   2,727        

this state that provides maternity benefits shall provide                       

coverage of inpatient care and follow-up care for a mother and     2,728        

her newborn as follows:                                                         

      (1)  The policy shall cover a minimum of forty-eight hours   2,731        

of inpatient care following a normal vaginal delivery and a        2,732        

minimum of ninety-six hours of inpatient care following a          2,733        

cesarean delivery.  Services covered as inpatient care shall       2,734        

include medical, educational, and any other services that are      2,735        

consistent with the inpatient care recommended in the protocols    2,736        

and guidelines developed by national organizations that represent  2,737        

pediatric, obstetric, and nursing professionals.                   2,738        

      (2)  The policy shall cover a physician-directed source of   2,740        

follow-up care.  Services covered as follow-up care shall include  2,741        

physical assessment of the mother and newborn, parent education,   2,742        

assistance and training in breast or bottle feeding, assessment    2,743        

of the home support system, performance of any medically           2,744        

necessary and appropriate clinical tests, and any other services   2,745        

that are consistent with the follow-up care recommended in the     2,746        

protocols and guidelines developed by national organizations that  2,748        

represent pediatric, obstetric, and nursing professionals.  The    2,749        

coverage shall apply to services provided in a medical setting or  2,750        

through home health care visits.  The coverage shall apply to a                 

home health care visit only if the health care professional who    2,751        

conducts the visit is knowledgeable and experienced in maternity   2,752        

                                                          60     

                                                                 
and newborn care.                                                               

      When a decision is made in accordance with division (B) of   2,754        

this section to discharge a mother or newborn prior to the         2,755        

expiration of the applicable number of hours of inpatient care     2,756        

required to be covered, the coverage of follow-up care shall       2,757        

apply to all follow-up care that is provided within forty-eight    2,758        

SEVENTY-TWO hours after discharge.  When a mother or newborn       2,759        

receives at least the number of hours of inpatient care required   2,760        

to be covered, the coverage of follow-up care shall apply to       2,761        

follow-up care that is determined to be medically necessary by     2,762        

the health care professionals responsible for discharging the      2,763        

mother or newborn.                                                              

      (B)  Any decision to shorten the length of inpatient stay    2,766        

to less than that specified under division (A)(1) of this section  2,768        

shall be made by the physician attending the mother or newborn,    2,769        

except that if a nurse-midwife is attending the mother in          2,770        

collaboration with a physician, the decision may be made by the    2,771        

nurse-midwife.  Decisions regarding early discharge shall be made  2,772        

only after conferring with the mother or a person responsible for  2,773        

the mother or newborn.  For purposes of this division, a person    2,774        

responsible for the mother or newborn may include a parent,        2,775        

guardian, or any other person with authority to make medical       2,776        

decisions for the mother or newborn.                                            

      (C)(1)  No sickness and accident insurer may do either of    2,779        

the following:                                                                  

      (a)  Terminate the participation of a health care            2,782        

professional or health care facility as a provider under a                      

sickness and accident insurance policy solely for making           2,783        

recommendations for inpatient or follow-up care for a particular   2,784        

mother or newborn that are consistent with the care required to    2,785        

be covered by this section;                                        2,786        

      (b)  Establish or offer monetary or other financial          2,789        

incentives for the purpose of encouraging a person to decline the  2,790        

inpatient or follow-up care required to be covered by this         2,791        

                                                          61     

                                                                 
section.                                                                        

      (2)  Whoever violates division (C)(1)(a) or (b) of this      2,795        

section has engaged in an unfair and deceptive act or practice in  2,796        

the business of insurance under sections 3901.19 to 3901.26 of     2,797        

the Revised Code.                                                  2,799        

      (D)  This section does not do any of the following:          2,802        

      (1)  Require a policy to cover inpatient or follow-up care   2,805        

that is not received in accordance with the policy's terms         2,806        

pertaining to the health care professionals and facilities from    2,807        

which an individual is authorized to receive health care           2,808        

services.;                                                                      

      (2)  Require a mother or newborn to stay in a hospital or    2,811        

other inpatient setting for a fixed period of time following                    

delivery;                                                          2,812        

      (3)  Require a child to be delivered in a hospital or other  2,815        

inpatient setting;                                                              

      (4)  Authorize a nurse-midwife to practice beyond the        2,817        

authority to practice nurse-midwifery in accordance with Chapter   2,819        

4723. of the Revised Code;                                         2,821        

      (5)  Establish minimum standards of medical diagnosis, care  2,824        

or treatment for inpatient or follow-up care for a mother or       2,825        

newborn.  A deviation from the care required to be covered under   2,826        

this section shall not, solely on the basis of this section, give               

rise to a medical claim or derivative medical claim, as those      2,827        

terms are defined in section 2305.11 of the Revised Code.          2,830        

      Sec. 3923.64.  (A)  Notwithstanding section 3901.71 of the   2,839        

Revised Code, each public employee benefit plan established or     2,841        

modified in this state that provides maternity benefits shall      2,842        

provide coverage of inpatient care and follow-up care for a        2,843        

mother and her newborn as follows:                                 2,844        

      (1)  The plan shall cover a minimum of forty-eight hours of  2,846        

inpatient care following a normal vaginal delivery and a minimum   2,848        

of ninety-six hours of inpatient care following a cesarean         2,849        

delivery.  Services covered as inpatient care shall include        2,850        

                                                          62     

                                                                 
medical, educational, and any other services that are consistent   2,851        

with the inpatient care recommended in the protocols and           2,852        

guidelines developed by national organizations that represent      2,853        

pediatric, obstetric, and nursing professionals.                                

      (2)  The plan shall cover a physician-directed source of     2,855        

follow-up care. Services covered as follow-up care shall include   2,856        

physical assessment of the mother and newborn, parent education,   2,857        

assistance and training in breast or bottle feeding, assessment    2,858        

of the home support system, performance of any medically           2,859        

necessary and appropriate clinical tests, and any other services   2,860        

that are consistent with the follow-up care recommended in the     2,861        

protocols and guidelines developed by national organizations that  2,863        

represent pediatric, obstetric, and nursing professionals.  The    2,864        

coverage shall apply to services provided in a medical setting or  2,865        

through home health care visits.  The coverage shall apply to a                 

home health care visit only if the health care professional who    2,866        

conducts the visit is knowledgeable and experienced in maternity   2,867        

and newborn care.                                                               

      When a decision is made in accordance with division (B) of   2,869        

this section to discharge a mother or newborn prior to the         2,870        

expiration of the applicable number of hours of inpatient care     2,871        

required to be covered, the coverage of follow-up care shall       2,872        

apply to all follow-up care that is provided within forty-eight    2,873        

SEVENTY-TWO hours after discharge.  When a mother or newborn       2,874        

receives at least the number of hours of inpatient care required   2,875        

to be covered, the coverage of follow-up care shall apply to       2,876        

follow-up care that is determined to be medically necessary by     2,877        

the health care professionals responsible for discharging the      2,878        

mother or newborn.                                                              

      (B)  Any decision to shorten the length of inpatient stay    2,881        

to less than that specified under division (A)(1) of this section  2,883        

shall be made by the physician attending the mother or newborn,    2,884        

except that if a nurse-midwife is attending the mother in          2,885        

collaboration with a physician, the decision may be made by the    2,886        

                                                          63     

                                                                 
nurse-midwife.  Decisions regarding early discharge shall be made  2,887        

only after conferring with the mother or a person responsible for  2,888        

the mother or newborn.  For purposes of this division, a person    2,889        

responsible for the mother or newborn may include a parent,        2,890        

guardian, or any other person with authority to make medical       2,891        

decisions for the mother or newborn.                                            

      (C)(1)  No public employer who offers an employee benefit    2,894        

plan may do either of the following:                               2,895        

      (a)  Terminate the participation of a health care            2,898        

professional or health care facility as a provider under the plan  2,899        

solely for making recommendations for inpatient or follow-up care  2,900        

for a particular mother or newborn that are consistent with the    2,901        

care required to be covered by this section;                       2,902        

      (b)  Establish or offer monetary or other financial          2,905        

incentives for the purpose of encouraging a person to decline the  2,906        

inpatient or follow-up care required to be covered by this         2,907        

section.                                                                        

      (2)  Whoever violates division (C)(1)(a) or (b) of this      2,911        

section has engaged in an unfair and deceptive act or practice in  2,912        

the business of insurance under sections 3901.19 to 3901.26 of     2,913        

the Revised Code.                                                  2,915        

      (D)  This section does not do any of the following:          2,918        

      (1)  Require a plan to cover inpatient or follow-up care     2,921        

that is not received in accordance with the plan's terms           2,922        

pertaining to the health care professionals and facilities from    2,923        

which an individual is authorized to receive health care           2,924        

services.;                                                                      

      (2)  Require a mother or newborn to stay in a hospital or    2,927        

other inpatient setting for a fixed period of time following                    

delivery;                                                          2,928        

      (3)  Require a child to be delivered in a hospital or other  2,931        

inpatient setting;                                                              

      (4)  Authorize a nurse-midwife to practice beyond the        2,933        

authority to practice nurse-midwifery in accordance with Chapter   2,935        

                                                          64     

                                                                 
4723. of the Revised Code;                                         2,937        

      (5)  Establish minimum standards of medical diagnosis,       2,939        

care, or treatment for inpatient or follow-up care for a mother    2,940        

or newborn.  A deviation from the care required to be covered      2,941        

under this section shall not, solely on the basis of this          2,942        

section, give rise to a medical claim or derivative medical        2,943        

claim, as those terms are defined in section 2305.11 of the        2,944        

Revised Code.                                                      2,946        

      Sec. 3924.01.  As used in sections 3924.01 to 3924.14 of     2,955        

the Revised Code:                                                  2,956        

      (A)  "Actuarial certification" means a written statement     2,958        

prepared by a member of the American academy of actuaries, or by   2,959        

any other person acceptable to the superintendent of insurance,    2,960        

that states that, based upon the person's examination, a carrier   2,961        

offering health benefit plans to small employers is in compliance  2,962        

with sections 3924.01 to 3924.14 of the Revised Code.  "Actuarial  2,963        

certification" shall include a review of the appropriate records   2,964        

of, and the actuarial assumptions and methods used by, the         2,965        

carrier relative to establishing premium rates for the health      2,966        

benefit plans.                                                     2,967        

      (B)  "Adjusted average market premium price" means the       2,969        

average market premium price as determined by the board of         2,971        

directors of the Ohio small employer health reinsurance program    2,972        

either on the basis of the arithmetic mean of all carriers'        2,973        

premium rates for an SEHC plan sold to groups with similar case    2,974        

characteristics by all carriers selling SEHC plans in the state,   2,976        

or on any other equitable basis determined by the board.                        

      (C)  "Base premium rate" means, as to any health benefit     2,978        

plan that is issued by a carrier and that covers at least two but  2,979        

no more than fifty employees of a small employer, the lowest       2,981        

premium rate for a new or existing business prescribed by the      2,982        

carrier for the same or similar coverage under a plan or           2,983        

arrangement covering any small employer with similar case          2,984        

characteristics.                                                                

                                                          65     

                                                                 
      (D)  "Carrier" means any sickness and accident insurance     2,986        

company or health insuring corporation authorized to issue health  2,989        

benefit plans in this state or a MEWA.  A sickness and accident    2,991        

insurance company that owns or operates a health insuring          2,992        

corporation, either as a separate corporation or as a line of      2,994        

business, shall be considered as a separate carrier from that      2,995        

health insuring corporation for purposes of sections 3924.01 to    2,997        

3924.14 of the Revised Code.                                                    

      (E)  "Case characteristics" means, with respect to a small   2,999        

employer, the geographic area in which the employees work; the     3,000        

age and sex of the individual employees and their dependents; the  3,001        

appropriate industry classification as determined by the carrier;  3,002        

the number of employees and dependents; and such other objective   3,003        

criteria as may be established by the carrier.  "Case              3,004        

characteristics" does not include claims experience, health        3,005        

status, or duration of coverage from the date of issue.            3,006        

      (F)  "Dependent" means the spouse or child of an eligible    3,008        

employee, subject to applicable terms of the health benefits plan  3,009        

covering the employee.                                             3,010        

      (G)  "Eligible employee" means an employee who works a       3,012        

normal work week of twenty-five or more hours.  "Eligible          3,013        

employee" does not include a temporary or substitute employee, or  3,015        

a seasonal employee who works only part of the calendar year on    3,016        

the basis of natural or suitable times or circumstances.           3,017        

      (H)  "Financially impaired" means a program member that,     3,019        

after April 14, 1993, is not insolvent but is determined by the    3,022        

superintendent to be potentially unable to fulfill its             3,023        

contractual obligations, or is placed under an order of            3,024        

rehabilitation or conservation by a court of competent             3,025        

jurisdiction or under an order of supervision by the               3,026        

superintendent.                                                                 

      (I)  "Health benefit plan" means any hospital or medical     3,028        

expense policy or certificate or any health plan provided by a     3,030        

carrier, that is delivered, issued for delivery, renewed, or used  3,032        

                                                          66     

                                                                 
in this state on or after the date occurring six months after      3,033        

November 24, 1995.  "Health benefit plan" does not include         3,035        

policies covering only accident, credit, dental, disability        3,036        

income, long-term care, hospital indemnity, medicare supplement,   3,037        

specified disease, or vision care; coverage under a                3,038        

one-time-limited-duration policy of no longer than six months;     3,040        

coverage issued as a supplement to liability insurance; insurance  3,041        

arising out of a workers' compensation or similar law; automobile  3,042        

medical-payment insurance; or insurance under which benefits are   3,043        

payable with or without regard to fault and which is statutorily   3,044        

required to be contained in any liability insurance policy or      3,045        

equivalent self-insurance.                                                      

      (J)  "Initial enrollment period" means the thirty-day        3,047        

period immediately following any service waiting period            3,048        

established by an employer.                                        3,049        

      (K)(I)  "Late enrollee" means an eligible employee or        3,051        

dependent who requests enrollment ENROLLS in a small employer's    3,052        

health benefit plan following OTHER THAN DURING the initial        3,054        

enrollment FIRST period provided under the terms of the first      3,056        

plan for IN which the employee or dependent was IS eligible        3,057        

through the small employer, unless any of the following apply:     3,059        

      (1)  The individual:                                         3,061        

      (a)  Was covered under another health benefit plan at the    3,064        

time the individual was eligible to enroll;                                     

      (b)  States, at the time of the initial eligibility, that    3,066        

coverage under another health benefit plan was the reason for      3,069        

declining enrollment;                                                           

      (c)  Has lost coverage under another health benefit plan as  3,072        

a result of the termination of employment, a reduction of hours    3,073        

worked per week, the termination of the other plan's coverage,     3,074        

death of a spouse, or divorce; and                                 3,075        

      (d)  Requests enrollment within thirty days after the        3,077        

termination of coverage under another health benefit plan.         3,078        

      (2)  The individual is employed by an employer who offers    3,080        

                                                          67     

                                                                 
multiple health benefit plans and the individual elects a          3,081        

different health benefit plan during an open enrollment period.    3,082        

      (3)  A court has ordered coverage to be provided for a       3,084        

spouse or minor child under a covered employee's plan and a        3,085        

request for enrollment is made within thirty days after issuance   3,086        

of the court order TO ENROLL UNDER THE PLAN OR DURING A SPECIAL    3,088        

ENROLLMENT PERIOD DESCRIBED IN SECTION 2701(f) OF THE "HEALTH      3,091        

INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996," PUB. L.     3,097        

NO. 104-191, 110 STAT. 1955, 42 U.S.C.A. 300gg, AS AMENDED.        3,100        

      (L)(J)  "MEWA" means any "multiple employer welfare          3,102        

arrangement" as defined in section 3 of the "Federal Employee      3,103        

Retirement Income Security Act of 1974," 88 Stat. 832, 29          3,104        

U.S.C.A. 1001, as amended, except for any arrangement which is     3,105        

fully insured as defined in division (b)(6)(D) of section 514 of   3,106        

that act.                                                          3,107        

      (M)(K)  "Midpoint rate" means, for small employers with      3,109        

similar case characteristics and plan designs and as determined    3,110        

by the applicable carrier for a rating period, the arithmetic      3,111        

average of the applicable base premium rate and the corresponding  3,112        

highest premium rate.                                              3,113        

      (N)(L)  "Pre-existing conditions provision" means a policy   3,115        

provision that excludes or limits coverage for charges or          3,117        

expenses incurred during a specified period following the          3,118        

insured's effective ENROLLMENT date of coverage as to a condition  3,120        

which, during a specified period immediately preceding the         3,121        

effective date of coverage, had manifested itself in such a        3,122        

manner as would cause an ordinarily prudent person to seek         3,123        

medical advice, diagnosis, care, or treatment or for which         3,124        

medical advice, diagnosis, care, or treatment was recommended or   3,125        

received, or DURING a pregnancy existing on SPECIFIED PERIOD       3,127        

IMMEDIATELY PRECEDING the effective ENROLLMENT date of coverage.   3,128        

GENETIC INFORMATION SHALL NOT BE TREATED AS SUCH A CONDITION IN    3,130        

THE ABSENCE OF A DIAGNOSIS OF THE CONDITION RELATED TO SUCH        3,131        

INFORMATION.                                                                    

                                                          68     

                                                                 
      FOR PURPOSES OF THIS DIVISION, "ENROLLMENT DATE" MEANS,      3,133        

WITH RESPECT TO AN INDIVIDUAL COVERED UNDER A GROUP HEALTH         3,134        

BENEFIT PLAN, THE DATE OF ENROLLMENT OF THE INDIVIDUAL IN THE      3,135        

PLAN OR, IF EARLIER, THE FIRST DAY OF THE WAITING PERIOD FOR SUCH  3,137        

ENROLLMENT.                                                                     

      (O)(M)  "Service waiting period" means the period of time    3,139        

after employment begins before an eligible employee may enroll in  3,141        

IS ELIGIBLE TO BE COVERED FOR BENEFITS UNDER THE TERMS OF any      3,142        

applicable health benefit plan offered by the small employer.                   

      (P)(N)(1)  "Small employer" means any person, firm,          3,145        

corporation, partnership, or association actively engaged in       3,146        

business whose total, IN CONNECTION WITH A GROUP HEALTH BENEFIT    3,147        

PLAN AND WITH RESPECT TO A CALENDAR YEAR AND A PLAN YEAR, AN       3,148        

EMPLOYER WHO employed work force consisted of, on at least fifty   3,149        

per cent of its working days during the preceding year, AN         3,150        

AVERAGE OF at least two but no more than fifty eligible            3,152        

employees, the majority of whom were employed within the state ON  3,153        

BUSINESS DAYS DURING THE PRECEDING CALENDAR YEAR AND WHO EMPLOYS   3,154        

AT LEAST TWO EMPLOYEES ON THE FIRST DAY OF THE PLAN YEAR.                       

      (2)  In determining the number of eligible employees for     3,156        

FOR purposes of division (P)(N)(1) of this section, companies      3,157        

which are affiliated companies or which are eligible to file a     3,159        

combined tax return for purposes of state taxation ALL PERSONS     3,161        

TREATED AS A SINGLE EMPLOYER UNDER SUBSECTION (b), (c), (m), OR    3,163        

(o) OF SECTION 414 OF THE "INTERNAL REVENUE CODE OF 1986," 100     3,167        

STAT. 2085, 26 U.S.C.A. 1, AS AMENDED, shall be considered one     3,170        

employer.  IN THE CASE OF AN EMPLOYER THAT WAS NOT IN EXISTENCE    3,171        

THROUGHOUT THE PRECEDING CALENDAR YEAR, THE DETERMINATION OF       3,172        

WHETHER THE EMPLOYER IS A SMALL OR LARGE EMPLOYER SHALL BE BASED   3,173        

ON THE AVERAGE NUMBER OF ELIGIBLE EMPLOYEES THAT IT IS REASONABLY  3,175        

EXPECTED THE EMPLOYER WILL EMPLOY ON BUSINESS DAYS IN THE CURRENT  3,176        

CALENDAR YEAR.  ANY REFERENCE IN DIVISION (N) OF THIS SECTION TO   3,177        

AN "EMPLOYER" INCLUDES ANY PREDECESSOR OF THE EMPLOYER.  Except    3,179        

as otherwise specifically provided, provisions of sections         3,180        

                                                          69     

                                                                 
3924.01 to 3924.14 of the Revised Code that apply to a small       3,181        

employer that has a health benefit plan shall continue to apply    3,182        

until the plan anniversary following the date the employer no      3,183        

longer meets the requirements of this division.                                 

      (Q)(O)  "SEHC plan" means an Ohio small employer health      3,186        

care plan, which is a health benefit plan for small INDIVIDUALS    3,187        

AND employers established by the board in accordance with section  3,189        

3924.10 of the Revised Code.                                       3,190        

      Sec. 3924.02.  (A)  An individual or group health benefit    3,199        

plan is subject to sections 3924.01 to 3924.14 of the Revised      3,200        

Code if it provides health care benefits covering at least two     3,202        

but no more than fifty employees of a small employer, and if it    3,203        

meets either of the following conditions:                          3,204        

      (1)  Any portion of the premium or benefits is paid by a     3,206        

small employer, or any covered individual is reimbursed, whether   3,207        

through wage adjustments or otherwise, by a small employer for     3,208        

any portion of the premium.                                        3,209        

      (2)  The health benefit plan is treated by the employer or   3,211        

any of the covered individuals as part of a plan or program for    3,212        

purposes of section 106 or 162 of the "Internal Revenue Code of    3,213        

1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.                  3,214        

      (B)  Notwithstanding division (A) of this section,           3,216        

divisions (D), (E)(2), (F), AND (G) to (J) of section 3924.03 of   3,218        

the Revised Code and section 3924.04 of the Revised Code do not    3,220        

apply to health benefit policies that are not sold to owners of    3,221        

small businesses as an employment benefit plan.  Such policies     3,222        

shall clearly state that they are not being sold as an employment  3,223        

benefit plan and that the owner of the business is not             3,224        

responsible, either directly or indirectly, for paying the         3,225        

premium or benefits.                                                            

      (C)  Every health benefit plan offered or delivered by a     3,227        

carrier, other than a health insuring corporation, to a small      3,229        

employer is subject to sections 3923.23, 3923.231, 3923.232,       3,230        

3923.233, and 3923.234 of the Revised Code and any other           3,231        

                                                          70     

                                                                 
provision of the Revised Code that requires the reimbursement,     3,232        

utilization, or consideration of a specific category of a          3,233        

licensed or certified health care practitioner.                    3,234        

      (D)  Except as expressly provided in sections 3924.01 to     3,236        

3924.14 of the Revised Code, no health benefit plan offered to a   3,237        

small employer is subject to any of the following:                 3,238        

      (1)  Any law that would inhibit any carrier from             3,240        

contracting with providers or groups of providers with respect to  3,241        

health care services or benefits;                                  3,242        

      (2)  Any law that would impose any restriction on the        3,244        

ability to negotiate with providers regarding the level or method  3,245        

of reimbursing care or services provided under the health benefit  3,246        

plan;                                                              3,247        

      (3)  Any law that would require any carrier to either        3,249        

include a specific provider or class of provider when contracting  3,250        

for health care services or benefits, or to exclude any class of   3,251        

provider that is generally authorized by statute to provide such   3,252        

care.                                                              3,253        

      Sec. 3924.03.  Health EXCEPT AS OTHERWISE PROVIDED IN        3,262        

SECTION 2721 OF THE "HEALTH INSURANCE PORTABILITY AND              3,267        

ACCOUNTABILITY ACT OF 1996," PUB. L. NO. 104-191, 110 STAT. 1955,  3,272        

42 U.S.C.A. 300gg-21, AS AMENDED, HEALTH benefit plans covering    3,274        

small employers are subject to the following conditions, as        3,275        

applicable:                                                                     

      (A)(1)  Pre-existing conditions provisions shall not         3,277        

exclude or limit coverage for a period beyond twelve months, OR    3,278        

EIGHTEEN MONTHS IN THE CASE OF A LATE ENROLLEE, following the      3,279        

individual's effective ENROLLMENT date of coverage and may only    3,280        

relate to conditions during A PHYSICAL OR MENTAL CONDITION,        3,282        

REGARDLESS OF THE CAUSE OF THE CONDITION, FOR WHICH MEDICAL        3,284        

ADVICE, DIAGNOSIS, CARE, OR TREATMENT WAS RECOMMENDED OR RECEIVED  3,285        

WITHIN the six months immediately preceding the effective          3,287        

ENROLLMENT date of coverage.                                                    

      DIVISION (A)(1) OF THIS SECTION IS SUBJECT TO THE            3,290        

                                                          71     

                                                                 
EXCEPTIONS SET FORTH IN SECTION 2701(d) OF THE "HEALTH INSURANCE   3,293        

PORTABILITY AND ACCOUNTABILITY ACT OF 1996."                       3,296        

      (2)  THE PERIOD OF ANY SUCH PRE-EXISTING CONDITION           3,298        

EXCLUSION SHALL BE REDUCED BY THE AGGREGATE OF THE PERIODS OF      3,299        

CREDITABLE COVERAGE, IF ANY, APPLICABLE TO THE EMPLOYEE OR         3,300        

DEPENDENT AS OF THE ENROLLMENT DATE.                               3,301        

      (3)  A PERIOD OF CREDITABLE COVERAGE SHALL NOT BE COUNTED,   3,304        

WITH RESPECT TO ENROLLMENT OF AN INDIVIDUAL UNDER A GROUP HEALTH   3,305        

BENEFIT PLAN, IF, AFTER THAT PERIOD AND BEFORE THE ENROLLMENT      3,306        

DATE, THERE WAS A SIXTY-THREE-DAY PERIOD DURING ALL OF WHICH THE   3,307        

INDIVIDUAL WAS NOT COVERED UNDER ANY CREDITABLE COVERAGE.          3,308        

SUBSECTIONS (c)(2) TO (4) AND (e) OF SECTION 2701 OF THE "HEALTH   3,310        

INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996" APPLY WITH   3,314        

RESPECT TO CREDITING PREVIOUS COVERAGE.                            3,315        

      (4)  AS USED IN DIVISION (A) OF THIS SECTION:                3,318        

      (a)  "CREDITABLE COVERAGE" HAS THE SAME MEANING AS IN        3,321        

SECTION 2701(c)(1) OF THE "HEALTH INSURANCE PORTABILITY AND        3,325        

ACCOUNTABILITY ACT OF 1996."                                       3,326        

      (b)  "ENROLLMENT DATE" MEANS, WITH RESPECT TO AN INDIVIDUAL  3,329        

COVERED UNDER A GROUP HEALTH BENEFIT PLAN, THE DATE OF ENROLLMENT  3,330        

OF THE INDIVIDUAL IN THE PLAN OR, IF EARLIER, THE FIRST DAY OF     3,331        

THE WAITING PERIOD FOR SUCH ENROLLMENT.                                         

      (B)  In determining whether a pre-existing conditions        3,333        

provision applies to an eligible employee or dependent, all        3,334        

health benefit plans shall credit the time the person was covered  3,335        

under a previous employer-based health benefit plan provided by a  3,336        

carrier if the previous coverage was continuous to a date not      3,338        

more than thirty days prior to the effective date of the new       3,340        

coverage, exclusive of any applicable service waiting period       3,341        

under the plan.                                                    3,342        

      (C)  Any such health benefit plan shall be renewable with    3,344        

respect to all eligible employees or dependents at the option of   3,345        

the policyholder, contract holder, or small employer, except for   3,346        

any of the following reasons:                                      3,347        

                                                          72     

                                                                 
      (1)  Nonpayment of the required premiums by the              3,349        

policyholder, contract holder, or employer;                        3,350        

      (2)  Fraud or misrepresentation of the policyholder,         3,352        

contract holder, or employer or, with respect to coverage of       3,353        

individual insureds, the insureds or their representatives ;       3,355        

      (3)  When the total number of insured individuals covered    3,357        

under all of the health benefit plans of any one employer is less  3,358        

than the total number of individuals or percentage of individuals  3,359        

required by participation requirements under any specific health   3,360        

benefit plan of that employer;                                     3,361        

      (4)  Noncompliance with any plan provision that has been     3,363        

approved by the superintendent of insurance;                       3,364        

      (5)  When the carrier ceases doing business in the small     3,366        

employer market, provided that all of the following conditions     3,367        

are met:                                                           3,368        

      (a)  Notice of the decision to cease to do business in the   3,370        

small employer market is provided to the department of insurance,  3,371        

the board of directors of the Ohio small employer health           3,372        

reinsurance program, the policyholder or contract holder, and the  3,373        

employer.                                                          3,374        

      (b)  Health benefit plans subject to sections 3924.01 to     3,376        

3924.14 of the Revised Code shall not be canceled by the carrier   3,377        

for ninety days after the date of the notice required under        3,379        

division (C)(5)(a) of this section unless the business has been    3,380        

sold to another carrier or the cancellations are approved by the   3,381        

superintendent.                                                    3,382        

      (c)  A carrier that ceases to do business in the small       3,384        

employer marketplace is prohibited from re-entering the small      3,385        

employer marketplace for a period of five years from the date of   3,386        

the notice required under division (C)(5)(a) of this section.      3,387        

      (D)  Notwithstanding division (C) of this section, any such  3,389        

health benefit plan or any coverage provided to an individual      3,390        

under such a plan may be rescinded for fraud, material             3,391        

misrepresentation, or concealment by an applicant, employee,       3,392        

                                                          73     

                                                                 
dependent, or small employer.                                      3,393        

      (E)  Every carrier doing business in the small employer      3,395        

market may underwrite and rate small employer groups, as           3,396        

permitted by sections 3924.01 to 3924.14 of the Revised Code,      3,397        

using accepted underwriting and actuarial practices (1)  EXCEPT    3,399        

AS PROVIDED IN SECTION 2712(b) TO (e) OF THE "HEALTH INSURANCE     3,401        

PORTABILITY AND ACCOUNTABILITY ACT OF 1996," IF A CARRIER OFFERS   3,403        

COVERAGE IN THE SMALL EMPLOYER MARKET IN CONNECTION WITH A GROUP   3,404        

HEALTH BENEFIT PLAN, THE CARRIER SHALL RENEW OR CONTINUE IN FORCE  3,405        

SUCH COVERAGE AT THE OPTION OF THE PLAN SPONSOR OF THE PLAN.       3,406        

      (2)  A CARRIER MAY CANCEL OR DECIDE NOT TO RENEW THE         3,408        

COVERAGE OF ANY ELIGIBLE EMPLOYEE OR OF A DEPENDENT OF AN          3,409        

ELIGIBLE EMPLOYEE IF THE EMPLOYEE OR DEPENDENT, AS APPLICABLE,     3,411        

HAS PERFORMED AN ACT OR PRACTICE THAT CONSTITUTES FRAUD OR MADE    3,412        

AN INTENTIONAL MISREPRESENTATION OF MATERIAL FACT UNDER THE TERMS  3,413        

OF THE COVERAGE AND IF THE CANCELLATION OR NONRENEWAL IS NOT                    

BASED, EITHER DIRECTLY OR INDIRECTLY, ON ANY HEALTH                3,414        

STATUS-RELATED FACTOR IN RELATION TO THE EMPLOYEE OR DEPENDENT.    3,415        

      AS USED IN DIVISION (B)(2) OF THIS SECTION, "HEALTH          3,418        

STATUS-RELATED FACTOR" HAS THE SAME MEANING AS IN SECTION                       

3924.031 OF THE REVISED CODE.                                      3,419        

      (F)(C)  A carrier shall not exclude any eligible employee    3,421        

or dependent, who would otherwise be covered under a health        3,422        

benefit plan, on the basis of any actual or expected health        3,423        

condition of the employee or dependent.  However, a carrier may    3,424        

exclude a late enrollee for a period of up to twenty-four months   3,425        

or may, in the discretion of the carrier, extend coverage to the   3,426        

late enrollee at any time during that period.  A carrier also may  3,427        

medically underwrite a late enrollee.                              3,428        

      If, prior to the effective date of this amendment NOVEMBER   3,431        

24, 1995, a carrier excluded an eligible employee or dependent,    3,432        

other than a late enrollee, on the basis of an actual or expected  3,433        

health condition, the carrier shall, upon the initial renewal of   3,434        

the coverage on or after that date, extend coverage to the         3,435        

                                                          74     

                                                                 
employee or dependent if all other eligibility requirements are    3,436        

met.                                                                            

      (G)(D)  No health benefit plan issued by a carrier shall     3,439        

limit or exclude, by use of a rider or amendment applicable to a                

specific individual, coverage by type of illness, treatment,       3,441        

medical condition, or accident, except for pre-existing            3,442        

conditions as permitted under division (A) of this section.  If a  3,443        

health benefit plan that is delivered or issued for delivery       3,445        

prior to April 14, 1993, contains such limitations or exclusions,  3,447        

by use of a rider or amendment applicable to a specific            3,448        

individual, the plan shall eliminate the use of such riders or     3,449        

amendments within eighteen months after April 14, 1993.            3,450        

      (H)(E)(1)  EXCEPT AS PROVIDED IN SECTIONS 3924.031 AND       3,453        

3924.032 OF THE REVISED CODE, AND SUBJECT TO SUCH RULES AS MAY BE  3,456        

ADOPTED BY THE SUPERINTENDENT OF INSURANCE IN ACCORDANCE WITH      3,457        

CHAPTER 119. OF THE REVISED CODE, A CARRIER SHALL OFFER AND MAKE   3,458        

AVAILABLE EVERY HEALTH BENEFIT PLAN THAT IT IS ACTIVELY MARKETING  3,459        

TO EVERY SMALL EMPLOYER THAT APPLIES TO THE CARRIER FOR SUCH       3,460        

COVERAGE.                                                                       

      DIVISION (E)(1) OF THIS SECTION DOES NOT APPLY TO A HEALTH   3,463        

BENEFIT PLAN THAT A CARRIER MAKES AVAILABLE IN THE SMALL EMPLOYER  3,464        

MARKET ONLY THROUGH ONE OR MORE BONA FIDE ASSOCIATIONS.            3,465        

      DIVISION (E)(1) OF THIS SECTION SHALL NOT BE CONSTRUED TO    3,468        

PRECLUDE A CARRIER FROM ESTABLISHING EMPLOYER CONTRIBUTION RULES   3,469        

OR GROUP PARTICIPATION RULES FOR THE OFFERING OF COVERAGE IN       3,470        

CONNECTION WITH A GROUP HEALTH BENEFIT PLAN IN THE SMALL EMPLOYER  3,471        

MARKET, AS ALLOWED UNDER THE LAW OF THIS STATE.  AS USED IN        3,472        

DIVISION (E)(1) OF THIS SECTION, "EMPLOYER CONTRIBUTION RULE"      3,474        

MEANS A REQUIREMENT RELATING TO THE MINIMUM LEVEL OR AMOUNT OF     3,475        

EMPLOYER CONTRIBUTION TOWARD THE PREMIUM FOR ENROLLMENT OF         3,476        

EMPLOYEES AND DEPENDENTS AND "GROUP PARTICIPATION RULE" MEANS A    3,477        

REQUIREMENT RELATING TO THE MINIMUM NUMBER OF EMPLOYEES OR         3,478        

DEPENDENTS THAT MUST BE ENROLLED IN RELATION TO A SPECIFIED        3,479        

PERCENTAGE OR NUMBER OF ELIGIBLE INDIVIDUALS OR EMPLOYEES OF AN    3,480        

                                                          75     

                                                                 
EMPLOYER.                                                                       

      (2)  Each health benefit plan, at the time of initial group  3,482        

enrollment, shall make coverage available to all the eligible      3,483        

employees of a small employer without a service waiting period.    3,484        

The decision of whether to impose a service waiting period shall   3,486        

be made by the small employer.  Such waiting periods shall not be  3,487        

greater than ninety days.                                          3,488        

      (3)  EACH HEALTH BENEFIT PLAN SHALL PROVIDE FOR THE SPECIAL  3,491        

ENROLLMENT PERIODS DESCRIBED IN SECTION 2701(f) OF THE "HEALTH     3,494        

INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996."             3,497        

      (I)(F)  The benefit structure of any health benefit plan     3,500        

may, AT THE TIME OF COVERAGE RENEWAL, be changed by the carrier    3,502        

to make it consistent with the benefit structure contained in      3,503        

health benefit plans being marketed to new small employer groups.  3,504        

IF THE HEALTH BENEFIT PLAN IS AVAILABLE IN THE SMALL EMPLOYER      3,506        

MARKET OTHER THAN ONLY THROUGH ONE OR MORE BONA FIDE                            

ASSOCIATIONS, THE MODIFICATION MUST BE CONSISTENT WITH THE LAW OF  3,508        

THIS STATE AND EFFECTIVE ON A UNIFORM BASIS AMONG SMALL EMPLOYER   3,509        

GROUP PLANS.                                                                    

      (J)(G)  A carrier may obtain any facts and information       3,511        

necessary to apply this section, or supply those facts and         3,512        

information to any other third-party payer, without the consent    3,513        

of the beneficiary.  Each person claiming benefits under a health  3,514        

benefit plan shall provide any facts and information necessary to  3,515        

apply this section.                                                3,516        

      FOR PURPOSES OF THIS SECTION, "BONA FIDE ASSOCIATION" MEANS  3,519        

AN ASSOCIATION THAT HAS BEEN ACTIVELY IN EXISTENCE FOR AT LEAST    3,520        

FIVE YEARS; HAS BEEN FORMED AND MAINTAINED IN GOOD FAITH FOR       3,521        

PURPOSES OTHER THAN OBTAINING INSURANCE; DOES NOT CONDITION        3,522        

MEMBERSHIP IN THE ASSOCIATION ON ANY HEALTH STATUS-RELATED         3,523        

FACTOR, AS DEFINED IN SECTION 3924.031 OF THE REVISED CODE,        3,525        

RELATING TO AN INDIVIDUAL, INCLUDING AN EMPLOYEE OR DEPENDENT;     3,526        

MAKES HEALTH INSURANCE COVERAGE OFFERED THROUGH THE ASSOCIATION    3,527        

AVAILABLE TO ALL MEMBERS REGARDLESS OF ANY HEALTH STATUS-RELATED   3,528        

                                                          76     

                                                                 
FACTOR, AS DEFINED IN SECTION 3924.031 OF THE REVISED CODE,        3,531        

RELATING TO SUCH MEMBERS OR TO INDIVIDUALS ELIGIBLE FOR COVERAGE   3,532        

THROUGH A MEMBER; DOES NOT MAKE HEALTH INSURANCE COVERAGE OFFERED  3,533        

THROUGH THE ASSOCIATION AVAILABLE OTHER THAN IN CONNECTION WITH A  3,534        

MEMBER OF THE ASSOCIATION; AND MEETS ANY OTHER REQUIREMENT         3,535        

IMPOSED BY THE SUPERINTENDENT.  TO MAINTAIN ITS STATUS AS A "BONA  3,536        

FIDE ASSOCIATION," EACH ASSOCIATION SHALL ANNUALLY CERTIFY TO THE  3,537        

SUPERINTENDENT THAT IT MEETS THE REQUIREMENTS OF THIS PARAGRAPH.   3,538        

      Sec. 3924.031.  (A)  AS USED IN THIS SECTION AND SECTION     3,541        

3924.032 OF THE REVISED CODE:                                      3,543        

      (1)  "HEALTH STATUS-RELATED FACTOR" MEANS ANY OF THE         3,545        

FOLLOWING:                                                         3,546        

      (a)  HEALTH STATUS;                                          3,548        

      (b)  MEDICAL CONDITION, INCLUDING BOTH PHYSICAL AND MENTAL   3,551        

ILLNESSES;                                                                      

      (c)  CLAIMS EXPERIENCE;                                      3,553        

      (d)  RECEIPT OF HEALTH CARE;                                 3,555        

      (e)  MEDICAL HISTORY;                                        3,557        

      (f)  GENETIC INFORMATION;                                    3,559        

      (g)  EVIDENCE OF INSURABILITY, INCLUDING CONDITIONS ARISING  3,562        

OUT OF ACTS OF DOMESTIC VIOLENCE;                                               

      (h)  DISABILITY.                                             3,564        

      (2)  "NETWORK PLAN" MEANS A HEALTH BENEFIT PLAN OF A         3,566        

CARRIER UNDER WHICH THE FINANCING AND DELIVERY OF MEDICAL CARE,    3,567        

INCLUDING ITEMS AND SERVICES PAID FOR AS MEDICAL CARE, ARE         3,568        

PROVIDED, IN WHOLE OR IN PART, THROUGH A DEFINED SET OF PROVIDERS  3,570        

UNDER CONTRACT WITH THE CARRIER.                                                

      (B)  IF A CARRIER OFFERS A HEALTH BENEFIT PLAN IN THE SMALL  3,573        

EMPLOYER MARKET THROUGH A NETWORK PLAN, THE CARRIER MAY DO BOTH    3,574        

OF THE FOLLOWING:                                                               

      (1)  LIMIT THE SMALL EMPLOYERS THAT MAY APPLY FOR SUCH       3,576        

COVERAGE TO THOSE WITH ELIGIBLE EMPLOYEES WHO LIVE, WORK, OR       3,577        

RESIDE IN THE SERVICE AREA OF THE NETWORK PLAN;                    3,578        

      (2)  WITHIN THE SERVICE AREA OF THE NETWORK PLAN, DENY THE   3,580        

                                                          77     

                                                                 
COVERAGE TO SMALL EMPLOYERS IF THE CARRIER HAS DEMONSTRATED BOTH   3,581        

OF THE FOLLOWING TO THE SUPERINTENDENT OF INSURANCE:               3,582        

      (a)  THE CARRIER WILL NOT HAVE THE CAPACITY TO DELIVER       3,585        

SERVICES ADEQUATELY TO THE MEMBERS OF ANY ADDITIONAL GROUPS        3,586        

BECAUSE OF THE CARRIER'S OBLIGATIONS TO EXISTING GROUP CONTRACT    3,587        

HOLDERS AND MEMBERS.                                                            

      (b)  THE CARRIER IS APPLYING DIVISION (B)(2) OF THIS         3,590        

SECTION UNIFORMLY TO ALL SMALL EMPLOYERS WITHOUT REGARD TO THE     3,591        

CLAIMS EXPERIENCE OF THOSE EMPLOYERS AND THEIR ELIGIBLE EMPLOYEES  3,592        

AND DEPENDENTS OR TO ANY HEALTH STATUS-RELATED FACTOR RELATING TO  3,593        

SUCH EMPLOYEES AND DEPENDENTS.                                     3,594        

      (C)  A CARRIER THAT, PURSUANT TO DIVISION (B)(2) OF THIS     3,598        

SECTION, DENIES COVERAGE TO A SMALL EMPLOYER IN THE SERVICE AREA   3,599        

OF A NETWORK PLAN, SHALL NOT OFFER COVERAGE IN THE SMALL EMPLOYER  3,600        

MARKET WITHIN THAT SERVICE AREA FOR AT LEAST ONE HUNDRED EIGHTY    3,601        

DAYS AFTER THE DATE THE COVERAGE IS DENIED.                        3,602        

      Sec. 3924.032.  (A)  A CARRIER MAY REFUSE TO ISSUE HEALTH    3,605        

BENEFIT PLANS IN THE SMALL EMPLOYER MARKET IF THE CARRIER HAS      3,606        

DEMONSTRATED BOTH OF THE FOLLOWING TO THE SUPERINTENDENT OF        3,607        

INSURANCE:                                                                      

      (1)  THE CARRIER DOES NOT HAVE THE FINANCIAL RESERVES        3,609        

NECESSARY TO UNDERWRITE ADDITIONAL COVERAGE.                       3,610        

      (2) THE CARRIER IS APPLYING DIVISION (A) OF THIS SECTION     3,613        

UNIFORMLY TO ALL EMPLOYERS IN THE SMALL EMPLOYER MARKET IN THIS    3,614        

STATE CONSISTENT WITH THE APPLICABLE LAWS AND RULES OF THIS STATE  3,615        

AND WITHOUT REGARD TO THE CLAIMS EXPERIENCE OF THOSE EMPLOYERS     3,616        

AND THEIR EMPLOYEES AND DEPENDENTS OR TO ANY HEALTH                3,617        

STATUS-RELATED FACTOR RELATING TO SUCH EMPLOYEES AND DEPENDENTS.   3,618        

      (B)  A CARRIER THAT, PURSUANT TO DIVISION (A) OF THIS        3,622        

SECTION, REFUSES TO ISSUE HEALTH BENEFIT PLANS IN THE SMALL                     

EMPLOYER MARKET, SHALL NOT OFFER HEALTH BENEFIT PLANS IN THE       3,623        

SMALL EMPLOYER MARKET IN THIS STATE FOR AT LEAST ONE HUNDRED       3,624        

EIGHTY DAYS AFTER THE DATE THE COVERAGE IS DENIED OR UNTIL THE     3,625        

CARRIER HAS DEMONSTRATED TO THE SUPERINTENDENT THAT THE CARRIER    3,626        

                                                          78     

                                                                 
HAS SUFFICIENT FINANCIAL RESERVES TO UNDERWRITE ADDITIONAL         3,627        

COVERAGE, WHICHEVER IS LATER.                                      3,628        

      (C)  THE SUPERINTENDENT MAY PROVIDE FOR THE APPLICATION OF   3,631        

THIS SECTION ON A SERVICE-AREA-SPECIFIC BASIS.                     3,632        

      Sec. 3924.033.  (A)  EACH CARRIER, IN CONNECTION WITH THE    3,635        

OFFERING OF A HEALTH BENEFIT PLAN TO A SMALL EMPLOYER, SHALL       3,636        

DISCLOSE TO THE EMPLOYER, AS PART OF ITS SOLICITATION AND SALES    3,637        

MATERIALS, THAT THE INFORMATION DESCRIBED IN DIVISION (B) OF THIS  3,638        

SECTION IS AVAILABLE UPON REQUEST.                                 3,639        

      (B)  A CARRIER SHALL PROVIDE THE FOLLOWING INFORMATION TO A  3,642        

SMALL EMPLOYER UPON REQUEST:                                       3,643        

      (1)  THE PROVISIONS OF THE PLAN CONCERNING THE CARRIER'S     3,646        

RIGHT TO CHANGE PREMIUM RATES AND THE FACTORS THAT MAY AFFECT      3,647        

CHANGES IN PREMIUM RATES;                                                       

      (2)  THE PROVISIONS OF THE PLAN RELATING TO RENEWABILITY OF  3,650        

COVERAGE;                                                                       

      (3)  THE PROVISIONS OF THE PLAN RELATING TO ANY              3,652        

PRE-EXISTING CONDITION EXCLUSION;                                  3,653        

      (4)  THE BENEFITS AND PREMIUMS AVAILABLE UNDER ALL HEALTH    3,656        

BENEFIT PLANS FOR WHICH THE EMPLOYER IS QUALIFIED.                              

      (C)  THE INFORMATION DESCRIBED IN DIVISION (B) OF THIS       3,660        

SECTION SHALL BE PROVIDED IN A MANNER DETERMINED TO BE                          

UNDERSTANDABLE BY THE AVERAGE SMALL EMPLOYER, AND IN A MANNER      3,661        

SUFFICIENT TO REASONABLY INFORM A SMALL EMPLOYER REGARDING THE     3,662        

EMPLOYER'S RIGHTS AND OBLIGATIONS UNDER THE HEALTH BENEFIT PLAN.   3,664        

      (D)  NOTHING IN THIS SECTION REQUIRES A CARRIER TO DISCLOSE  3,667        

ANY INFORMATION THAT IS BY LAW PROPRIETARY AND TRADE SECRET        3,668        

INFORMATION.                                                                    

      Sec. 3924.07.  (A)  There is hereby established a nonprofit  3,677        

entity to be known as the "Ohio small employer health reinsurance  3,679        

program."  Any carrier issuing health benefit plans in this state  3,680        

on or after April 14, 1993, may be a member of the program.        3,681        

      (B)  A carrier may elect to be a member of the program by    3,683        

filing a written intention to participate with the superintendent  3,685        

                                                          79     

                                                                 
of insurance at least thirty days prior to the implementation of   3,686        

the program.  Any carrier that does not file a written intention   3,687        

to participate within that time period may not participate for     3,688        

three years after April 14, 1993, and may file an intention to     3,690        

participate only at that time or on any subsequent three-year      3,691        

anniversary date.  However, the superintendent may permit a        3,692        

carrier to participate in the program at other intervals for       3,693        

reasons based on financial solvency.                                            

      (C)  THE BOARD OF DIRECTORS OF THE PROGRAM MAY PERMIT A      3,695        

CARRIER TO PARTICIPATE IN THE PROGRAM AT ANY TIME FOR GOOD CAUSE   3,696        

SHOWN.  THE BOARD SHALL ESTABLISH AN APPLICATION PROCESS FOR       3,697        

CARRIERS SEEKING TO CHANGE THEIR STATUS UNDER THIS DIVISION.       3,698        

      Sec. 3924.08.  (A)  The board of directors of the Ohio       3,707        

small employer health reinsurance program shall consist of nine    3,708        

appointed members who shall serve staggered terms as determined    3,709        

by the initial board for its members and by the plan of operation  3,710        

of the program for members of subsequent boards.  Within thirty    3,711        

days after April 14, 1993, the members of the board shall be       3,712        

appointed, as follows:                                             3,713        

      (1)  The chairperson of the senate committee having          3,715        

jurisdiction over insurance shall appoint the following members:   3,716        

      (a)  Two member carriers that are small employer carriers;   3,718        

      (b)  One member carrier that is a health maintenance         3,720        

organization predominantly in the small employer market;           3,721        

      (c)  One representative of providers of health care.         3,723        

      (2)  The chairperson of the committee in the house of        3,725        

representatives having jurisdiction over insurance shall appoint   3,726        

the following members:                                             3,727        

      (a)  One member carrier that is a small employer carrier;    3,729        

      (b)  One member carrier whose principal health insurance     3,731        

business is in the large employer market;                          3,732        

      (c)  One representative of an employer with fifty or fewer   3,734        

employees;                                                         3,735        

      (d)  One representative of consumers in this state.          3,737        

                                                          80     

                                                                 
      (3)  The superintendent OF INSURANCE shall appoint a         3,739        

representative of a member carrier operating in the small          3,741        

employer market who is a fellow of the society of actuaries.       3,742        

      The superintendent, a member of the house of                 3,744        

representatives appointed by the speaker of the house of           3,745        

representatives, and a member of the senate appointed by the       3,746        

president of the senate, shall be ex-officio members of the        3,747        

board.  The membership of all boards subsequent to the initial     3,748        

board shall reflect the distribution described in division (A) of  3,750        

this section.                                                                   

      The chairperson of the initial board and each subsequent     3,752        

board shall represent a small employer member carrier and shall    3,753        

be elected by a majority of the voting members of the board.       3,754        

Each chairperson shall serve for the maximum duration established  3,755        

in the plan of operation.                                          3,756        

      (B)  Within one hundred eighty days after the appointment    3,758        

of the initial board, the board shall establish a plan of          3,759        

operation and, thereafter, any amendments to the plan that are     3,760        

necessary or suitable, to assure the fair, reasonable, and         3,761        

equitable administration of the program.  The board shall,         3,762        

immediately upon adoption, provide to the superintendent copies    3,763        

of the plan of operation and all subsequent amendments to it.      3,764        

      (C)  The plan of operation shall establish rules,            3,766        

conditions, and procedures for all of the following:               3,767        

      (1)  The handling and accounting of assets and moneys of     3,769        

the program and for an annual fiscal reporting to the              3,770        

superintendent;                                                    3,771        

      (2)  Filling vacancies on the board;                         3,773        

      (3)  Selecting an administering insurer, which shall be a    3,775        

carrier as defined in section 3924.01 of the Revised Code, and     3,776        

setting forth the powers and duties of the administering insurer;  3,777        

      (4)  Reinsuring risks in accordance with sections 3924.07    3,779        

to 3924.14 of the Revised Code;                                    3,780        

      (5)  Collecting assessments subject to section 3924.13 of    3,782        

                                                          81     

                                                                 
the Revised Code from all members to provide for claims reinsured  3,783        

by the program and for administrative expenses incurred or         3,784        

estimated to be incurred during the period for which the           3,785        

assessment is made;                                                3,786        

      (6)  Providing protection for carriers from the financial    3,788        

risk associated with small employers that present poor credit      3,789        

risks;                                                             3,790        

      (7)  Establishing standards for the coverage of small        3,792        

employers that have a high turnover of employees;                  3,793        

      (8)  Establishing an appeals process for carriers to seek    3,795        

relief when a carrier has experienced an unfair share of           3,796        

administrative and credit risks;                                   3,797        

      (9)  Establishing the adjusted average market premium        3,799        

prices for use by the SEHC plan for INDIVIDUALS, FOR groups of     3,801        

two to twenty-five employees, and for groups of twenty-six to      3,802        

fifty employees that are offered in the state;                     3,803        

      (10)  Establishing participation standards at issue and      3,805        

renewal for reinsured cases;                                       3,806        

      (11)  Reinsuring risks and collecting assessments in         3,808        

accordance with division (G) of section 3924.11 of the Revised     3,809        

Code;                                                              3,810        

      (12)  Any additional matters as determined by the board.     3,812        

      Sec. 3924.09.  The Ohio small employer health reinsurance    3,821        

program shall have the general powers and authority granted under  3,822        

the laws of the state to insurance companies licensed to transact  3,823        

sickness and accident insurance, except the power to issue         3,824        

insurance.  The board of directors of the program also shall have  3,825        

the specific authority to do all of the following:                 3,826        

      (A)  Enter into contracts as are necessary or proper to      3,828        

carry out the provisions and purposes of sections 3924.07 to       3,829        

3924.14 of the Revised Code, including the authority to enter      3,830        

into contracts with similar programs of other states for the       3,831        

joint performance of common functions, or with persons or other    3,832        

organizations for the performance of administrative functions;     3,833        

                                                          82     

                                                                 
      (B)  Sue or be sued, including taking any legal actions      3,835        

necessary or proper for recovery of any assessments for, on        3,836        

behalf of, or against any program or board member;                 3,837        

      (C)  Take such legal action as is necessary to avoid the     3,839        

payment of improper claims against the program;                    3,840        

      (D)  Design the SEHC plan which, when offered by a carrier,  3,842        

is eligible for reinsurance and issue reinsurance policies in      3,843        

accordance with the requirements of sections 3924.07 to 3924.14    3,844        

of the Revised Code;                                               3,845        

      (E)  Establish rules, conditions, and procedures pertaining  3,847        

to the reinsurance of members' risks by the program;               3,848        

      (F)  Establish appropriate rates, rate schedules, rate       3,850        

adjustments, rate classifications, and any other actuarial         3,851        

functions appropriate to the operation of the program;             3,852        

      (G)  Assess members in accordance with division (G) of       3,855        

section 3924.11 and the provisions of section 3924.13 of the       3,856        

Revised Code, and make such advance interim assessments as may be  3,857        

reasonable and necessary for organizational and interim operating  3,858        

expenses.  Any interim assessments shall be credited as offsets    3,859        

against any regular assessments due following the close of the     3,860        

calendar year.                                                                  

      (H)  Appoint members to appropriate legal, actuarial, and    3,862        

other committees if necessary to provide technical assistance      3,863        

with respect to the operation of the program, policy and other     3,864        

contract design, and any other function within the authority of    3,865        

the program;                                                       3,866        

      (I)  Borrow money to effect the purposes of the program.     3,868        

Any notes or other evidence of indebtedness of the program not in  3,869        

default shall be legal investments for carriers and may be         3,870        

carried as admitted assets.                                        3,871        

      (J)  Reinsure risks, collect assessments, and otherwise      3,873        

carry out its duties under division (G) of section 3924.11 of the  3,874        

Revised Code.;                                                     3,875        

      (K)  Study the operation of the Ohio small employer health   3,878        

                                                          83     

                                                                 
reinsurance program and the open enrollment reinsurance program    3,879        

and, based on its findings, make legislative recommendations to    3,880        

the general assembly for improvements in the effectiveness,        3,881        

operation, and integrity of the programs;                                       

      (L)  DESIGN A BASIC AND STANDARD PLAN FOR PURPOSES OF        3,883        

SECTIONS 1751.16, 3923.122, AND 3923.581 OF THE REVISED CODE.      3,884        

      Sec. 3924.10.  (A)  The board of directors of the Ohio       3,893        

small employer health reinsurance program shall design the SEHC    3,894        

plan which, when offered by a carrier, is eligible for             3,895        

reinsurance under the program.  The board shall establish the      3,896        

form and level of coverage to be made available by carriers in     3,897        

their SEHC plan.  In designing the plan the board shall also       3,899        

establish benefit levels, deductibles, coinsurance factors,                     

exclusions, and limitations for the plan.  The forms and levels    3,900        

of coverage established by the board shall specify which           3,901        

components of a health benefit plan offered by a small employer    3,902        

carrier may be reinsured.  The SEHC plan is subject to division    3,904        

(C) of section 3924.02 of the Revised Code and to the provisions   3,905        

in Chapters 1751., 3923., and any other chapter of the Revised     3,907        

Code that require coverage or the offer of coverage of a health    3,908        

care service or benefit.                                                        

      (B)  The board shall adopt the SEHC plan within one hundred  3,911        

eighty days after its appointment.  The plan may include cost      3,912        

containment features including any of the following:                            

      (1)  Utilization review of health care services, including   3,914        

review of the medical necessity of hospital and physician          3,915        

services;                                                          3,916        

      (2)  Case management benefit alternatives;                   3,918        

      (3)  Selective contracting with hospitals, physicians, and   3,920        

other health care providers;                                       3,921        

      (4)  Reasonable benefit differentials applicable to          3,923        

participating and nonparticipating providers;                      3,924        

      (5)  Employee assistance program options that provide        3,926        

preventive and early intervention mental health and substance      3,927        

                                                          84     

                                                                 
abuse services;                                                    3,928        

      (6)  Other provisions for the cost-effective management of   3,930        

the plan.                                                          3,931        

      (C)  An SEHC plan established for use by health insuring     3,934        

corporations shall be consistent with the basic method of          3,936        

operation of such corporations.                                                 

      (D)  Each carrier shall certify to the superintendent of     3,938        

insurance, in the form and manner prescribed by the                3,939        

superintendent, that the SEHC plan filed by the carrier is in      3,941        

substantial compliance with the provisions of the board SEHC       3,942        

plan.  Upon receipt by the superintendent of the certification,    3,943        

the carrier may use the certified plan.                                         

      (E)  Each carrier shall, on and after sixty days after the   3,945        

date that the program becomes operational and as a condition of    3,946        

transacting business in this state, renew coverage provided to     3,947        

any individual or group under its SEHC plan.                       3,948        

      (F)  A carrier shall not be required to renew coverage       3,950        

where the superintendent finds that renewal of coverage would      3,951        

place the carrier in a financially impaired condition.  The        3,952        

superintendent shall determine when the carrier is no longer       3,953        

financially impaired and is, therefore, subject to the guaranteed  3,954        

renewability requirements.                                         3,955        

      Sec. 3924.11.  Any member of the Ohio small employer health  3,964        

reinsurance program may reinsure small employer groups or          3,965        

individuals in accordance with the following conditions and        3,966        

limitations:                                                       3,967        

      (A)  With respect to eligible employees and their            3,969        

dependents who are hired subsequent to the commencement of the     3,970        

employer's coverage by a carrier and who are not late enrollees,   3,971        

and with respect to employees of an employer who are otherwise     3,972        

eligible for insurance but were excluded by the carrier's          3,973        

underwriting and who are not late enrollees, coverage may be       3,974        

reinsured in either ANY of the following ways:                     3,975        

      (1)  Except in the case of late enrollees, within sixty      3,977        

                                                          85     

                                                                 
days after the commencement of their coverage under the plan;      3,978        

      (2)  In the case of late enrollees WHO WERE NOT ELIGIBLE TO  3,981        

ENROLL DURING A SPECIAL ENROLLMENT PERIOD DESCRIBED IN SECTION     3,982        

2701(f) OF THE "HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY    3,985        

ACT OF 1996," PUB. L. NO. 104-191, 110 STAT. 1955, 42 U.S.C.A.     3,987        

300gg-42, AS AMENDED, eighteen months after the date the late      3,989        

enrollee becomes a member of the small employer's plan;            3,990        

      (3)  IN THE CASE OF LATE ENROLLEES WHO WERE ELIGIBLE TO      3,992        

ENROLL DURING A SPECIAL ENROLLMENT PERIOD DESCRIBED IN SECTION     3,994        

2701(f) OF THE "HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY    3,997        

ACT OF 1996," AS AMENDED, WITHIN SIXTY DAYS AFTER THE              3,998        

COMMENCEMENT OF THEIR COVERAGE UNDER THE PLAN.                     3,999        

      (B)(1)  The carrier may reinsure either the entire eligible  4,002        

group or any eligible individual, in accordance with the premium   4,004        

rates established in section 3924.12 of the Revised Code, upon     4,006        

commencement of the coverage.                                                   

      (2)  The carrier may reinsure an eligible employee, or the   4,009        

dependents of an eligible employee, who were previously excluded   4,010        

from group coverage for medical reasons, and shall reinsure such   4,011        

employees or dependents within sixty days after the carrier is     4,012        

required to include them in the group coverage.                                 

      (C)  With respect to an SEHC plan, the program shall         4,015        

reinsure the level of coverage provided.                                        

      (D)  With respect to other plans issued to small employers,  4,017        

the program shall reinsure the level of coverage provided up to,   4,018        

but not exceeding, the level of coverage provided in an SEHC       4,019        

plan.  In the coverage provided to small employers, carriers       4,020        

shall be required to use high-cost care management, hospital       4,021        

precertification techniques, and other cost containment            4,022        

mechanisms established by the program.                             4,023        

      (E)  A carrier may not reinsure existing business, except    4,025        

pursuant to division (A) of this section.                          4,026        

      (F)  If an employer group is covered under a plan other      4,028        

than an SEHC plan and the carrier chooses to reinsure the group    4,029        

                                                          86     

                                                                 
subsequent to the initial coverage period, or if a new individual  4,030        

joins the group and the carrier wants to reinsure that             4,031        

individual, the carrier shall not force the employer to change to  4,033        

an SEHC plan.  The carrier shall allow the employer to maintain    4,034        

the same benefit plan and reinsure only that portion of the plan   4,035        

that is consistent with an SEHC plan.                                           

      (G)  With respect to coverage provided to a small employer   4,037        

group or AN individual acquired under section 3923.58 OR A         4,038        

FEDERALLY ELIGIBLE INDIVIDUAL ACQUIRED UNDER SECTION 3923.581 of   4,039        

the Revised Code, the following conditions and limitations apply:  4,041        

      (1)  Within sixty days after the commencement of the         4,044        

initial coverage, any carrier may reinsure coverage of an entire   4,045        

small employer group, or of eligible employees or dependents of    4,046        

such group, or any SUCH AN individual acquired under section       4,047        

3923.58 of the Revised Code with the OPEN ENROLLMENT REINSURANCE   4,049        

program IN ACCORDANCE WITH DIVISION (G) OF THIS SECTION.  A        4,051        

carrier may reinsure, within sixty days after the effective date   4,053        

of coverage, an employee eligible for coverage under section       4,055        

3923.58 of the Revised Code.  Premium rates charged for coverage   4,056        

reinsured by the program shall be established in accordance with   4,057        

section 3924.12 of the Revised Code.                               4,058        

      (2)  The board of directors of the OHIO HEALTH REINSURANCE   4,061        

program shall establish the open enrollment reinsurance fund for   4,062        

coverage provided under section 3923.58 of the Revised Code AND,   4,063        

WITH RESPECT TO FEDERALLY ELIGIBLE INDIVIDUALS, COVERAGE PROVIDED  4,065        

UNDER SECTION 3923.581 OF THE REVISED CODE.  The fund shall be     4,066        

maintained separately from any reinsurance fund established for    4,067        

small employer health care plans issued pursuant to sections                    

3924.07 to 3924.14 of the Revised Code.  The board shall           4,068        

calculate, on a retrospective basis, the amount needed for         4,069        

maintenance of the open enrollment reinsurance fund and, on the    4,070        

basis of that calculation, shall determine the amount to be        4,071        

assessed each carrier that is required to provide open enrollment  4,072        

coverage.                                                          4,073        

                                                          87     

                                                                 
      Assessments shall be apportioned by the board among all      4,075        

carriers participating in the open enrollment reinsurance program  4,076        

in proportion to their respective shares of the total premiums,    4,077        

net of reinsurance premiums paid by a carrier for open enrollment  4,078        

coverage and net of reinsurance premiums paid by the carrier for   4,079        

all other small group and individual health benefit plans, earned  4,080        

in this state from all health benefit plans covering small         4,081        

employers and individuals that are issued by all such carriers     4,082        

during the calendar year coinciding with or ending during the      4,083        

fiscal year of the open enrollment program, or on any other        4,084        

equitable basis reflecting coverage of small employers and         4,085        

individuals in this state as may be provided in the plan of        4,086        

operation adopted by the board.  In no event shall the assessment  4,087        

of any carrier under this section exceed, on an annual basis,      4,089        

three per cent of its Ohio premiums for health benefit plans       4,090        

covering small employers and individuals as reported on its most   4,091        

recent annual statement filed with the superintendent of           4,092        

insurance.                                                                      

      The board shall submit its determination of the amount of    4,094        

the assessment to the superintendent for review of the accuracy    4,096        

of the calculation of the assessment.  Upon approval by the        4,097        

superintendent, each carrier shall, within thirty days after       4,098        

receipt of the notice of assessment, submit the assessment to the  4,099        

board for purposes of the open enrollment reinsurance fund.        4,100        

      (3)  If the assessments made and collected pursuant to       4,102        

division (G)(2) of this section are not sufficient to pay the      4,103        

claims reinsured under division (G) of this section and the        4,104        

allocated administrative expenses, incurred or estimated to be     4,105        

incurred during the period for which the assessment was made, the  4,106        

secretary of the board shall immediately notify the                4,107        

superintendent, and the superintendent shall suspend the           4,108        

operation of open enrollment under section 3923.58 of the Revised  4,109        

Code AND, WITH RESPECT TO FEDERALLY ELIGIBLE INDIVIDUALS, UNDER    4,110        

SECTION 3923.581 OF THE REVISED CODE until the board has           4,111        

                                                          88     

                                                                 
collected in subsequent years through assessments made pursuant    4,112        

to division (G)(2) of this section an amount sufficient to pay     4,113        

such claims and administrative expenses.                                        

      (4)(a)  Any carrier that is subject to open enrollment       4,115        

under section 3923.58 of the Revised Code may elect not to         4,117        

participate in the open enrollment reinsurance program under       4,118        

division (G) of this section by filing an application with the     4,119        

superintendent and obtaining the superintendent's approval.  In    4,120        

determining whether to approve an application, the superintendent  4,121        

shall consider whether the carrier meets all of the following      4,122        

standards:                                                         4,123        

      (i)  Demonstration by the carrier of a substantial and       4,125        

established market presence;                                       4,126        

      (ii)  Demonstrated experience in the small employer group    4,128        

INDIVIDUAL market and history of rating and underwriting small     4,129        

employer groups INDIVIDUAL PLANS;                                  4,131        

      (iii)  Commitment to comply with the requirements of         4,133        

section 3923.58 of the Revised Code;                               4,134        

      (iv)  Financial ability to assume and manage the risk of     4,136        

enrolling open enrollment groups and individuals without the need  4,137        

for, or protection of, reinsurance.                                4,138        

      (b)  A carrier whose application for nonparticipation has    4,140        

been rejected by the superintendent may appeal the decision in     4,141        

accordance with Chapter 119. of the Revised Code.  A carrier that  4,142        

has received approval of the superintendent not to participate in  4,143        

the open enrollment reinsurance program shall, on or before the    4,144        

first day of December, annually certify to the superintendent      4,145        

that it continues to meet the standards described in division      4,146        

(G)(4)(a) of this section.                                         4,147        

      (c)  In any year subsequent to the year in which its         4,149        

application not to participate has been approved, a carrier may    4,150        

elect to participate in the open enrollment reinsurance program    4,151        

by giving notice to the superintendent and board on or before the  4,152        

thirty-first day of December.  If, after a period of               4,153        

                                                          89     

                                                                 
nonparticipation, a carrier elects to participate in the open      4,154        

enrollment reinsurance program, the carrier retains the risks it   4,155        

assumed during the period when it was not participating.           4,156        

      (d)  The superintendent may, at any time, authorize a        4,158        

carrier to modify an election not to participate if the risk from  4,159        

the carrier's open enrollment business jeopardizes the financial   4,160        

condition of the carrier.  If the superintendent authorizes the    4,161        

carrier to again participate in the open enrollment reinsurance    4,162        

program, the carrier shall retain the risks it assumed during the  4,163        

period of nonparticipation.                                        4,164        

      (5)  At the time of acquiring a small employer group, a      4,166        

carrier shall determine whether to reinsure the entire group or    4,167        

any individual pursuant to section 3924.12 of the Revised Code.    4,168        

      (6)(a)  The open enrollment reinsurance program shall be     4,171        

operated separately from the Ohio small employer health            4,172        

reinsurance program.                                                            

      (b)  A carrier's election to participate in the open         4,174        

enrollment reinsurance program under division (G) of this section  4,176        

shall not be construed as an election to participate in the Ohio   4,177        

small employer health reinsurance program under section 3924.07    4,178        

of the Revised Code.                                                            

      Sec. 3924.111.  (A)  The Ohio small employer health          4,189        

reinsurance program shall not provide reinsurance for any          4,190        

individual reinsured under the program until five thousand         4,191        

dollars in benefit payments have been made by a member of the      4,192        

program for services provided to that individual during a                       

calendar year, which payments would have been reimbursed through   4,193        

the program but for the five-thousand-dollar deductible.  The      4,194        

member shall retain ten per cent of the next fifty thousand        4,195        

dollars of benefit payments made during that calendar year, and    4,196        

the program shall reinsure the remainder.  However, a member's     4,197        

maximum liability under this section with respect to any one       4,198        

individual reinsured under the program shall not exceed ten        4,199        

thousand dollars in any one calendar year.                         4,200        

                                                          90     

                                                                 
      (B)  The board of directors of the Ohio small employer       4,203        

health reinsurance program shall periodically review the           4,204        

deductible amount and the maximum liability amount set forth in    4,205        

division (A) of this section and, considering the rate of          4,206        

inflation, adjust each amount as the board considers necessary.    4,207        

      Sec. 3924.12.  (A)  Except as provided in division (B) of    4,216        

this section, premium rates charged for coverage reinsured by the  4,217        

Ohio small employer health reinsurance program shall be            4,218        

established as follows:                                            4,219        

      (1)  For whole group reinsurance coverage, one and one-half  4,221        

times the adjusted average market premium price established by     4,222        

the program for that classification or group with similar          4,223        

characteristics and coverage, with respect to the eligible         4,224        

employees of a small employer and their dependents, all of whose   4,225        

coverage is reinsured with the program, minus a ceding expense     4,226        

factor determined by the board of directors of the program;        4,227        

      (2)  For individual reinsurance coverage, five times the     4,229        

adjusted average market premium price established by the program   4,230        

for an individual in that classification or group with similar     4,231        

characteristics and coverage, with respect to an eligible          4,232        

employee or the employee's dependents, minus a ceding expense      4,234        

factor determined by the board.                                    4,235        

      (B)  Premium rates charged for reinsurance by the program    4,237        

to a health insuring corporation that is approved by the           4,239        

secretary of health and human services as a federally qualified    4,240        

health maintenance organization pursuant to the "Social Security   4,241        

Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and as     4,242        

such is subject to requirements that limit the amount of risk      4,243        

that may be ceded to the program, may be modified to reflect the   4,244        

portion of risk that may be ceded to the program.                  4,245        

      Sec. 3924.13.  (A)  Following the close of each calendar     4,254        

year, the administering insurer of the Ohio small employer health  4,255        

reinsurance program shall determine the net premiums, the program  4,256        

expenses for administration, and the incurred losses, if any, for  4,257        

                                                          91     

                                                                 
the year, taking into account investment income and other          4,258        

appropriate gains and losses.  For purposes of this section,       4,259        

health benefit plan premiums earned by MEWAs shall be established  4,260        

by adding paid claim losses and administrative expenses of the     4,261        

MEWA.  Health benefit plan premiums and benefits paid by a         4,263        

carrier that are less than an amount determined by the board of    4,264        

directors of the program to justify the cost of collection shall   4,265        

not be considered for purposes of determining assessments.  For    4,266        

purposes of this division, "net premiums" means health benefit     4,267        

plan premiums, less administrative expense allowances.                          

      (B)  Any net loss for the year shall be recouped first by    4,269        

assessments of carriers in accordance with this division.          4,270        

Assessments shall be apportioned by the board among all carriers   4,271        

participating in the program in proportion to their respective     4,272        

shares of the total premiums, net of reinsurance premiums paid     4,273        

for coverage under this program earned in the state from health    4,274        

benefit plans covering small employers that are issued by          4,275        

participating members during the calendar year coinciding with or  4,276        

ending during the fiscal year of the program, or on any other      4,277        

equitable basis reflecting coverage of small employers as may be   4,278        

provided in the plan of operation.  An assessment shall be made    4,279        

pursuant to this division against a health insuring corporation    4,280        

that is approved by the secretary of health and human services as  4,283        

a federally qualified health maintenance organization pursuant to  4,284        

the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,   4,285        

as amended, subject to an assessment adjustment formula adopted    4,286        

by the board for such health insuring corporations that            4,287        

recognizes the restrictions imposed on the entities by federal     4,289        

law.  The adjustment formula shall be adopted by the board prior   4,291        

to the first anniversary of the program's operation.  In no event  4,292        

shall the assessment made pursuant to this division exceed, on an  4,293        

annual basis, one per cent of the carrier's Ohio small employer    4,295        

group premium as reported on its most recent annual statement      4,296        

filed with the superintendent of insurance.  If an excess is       4,297        

                                                          92     

                                                                 
actuarially projected, the superintendent may take any action      4,298        

necessary to lower the assessment to the maximum level of one per  4,299        

cent.                                                                           

      (C)  If assessments exceed actual losses and administrative  4,301        

expenses of the program, the excess shall be held at interest and  4,302        

used by the board to offset future losses or to reduce program     4,303        

premiums.  As used in this division, "future losses" includes      4,304        

reserves for incurred but not reported claims.                     4,305        

      (D)  Each carrier's proportion of participation in the       4,307        

program shall be determined annually by the board based on annual  4,309        

statements and other reports deemed necessary by the board and     4,310        

filed by the carrier with the board.  MEWAs shall report to the    4,311        

board claims payments made and administrative expenses incurred    4,312        

in this state on an annual basis on a form prescribed by the       4,313        

superintendent.                                                                 

      (E)  Provision shall be made in the plan of operation for    4,315        

the imposition of an interest penalty for late payment of          4,316        

assessments.                                                       4,317        

      (F)  A carrier may seek from the superintendent a            4,319        

deferment, in whole or in part, from any assessment issued by the  4,320        

board.  The superintendent may defer, in whole or in part, the     4,321        

assessment of a carrier if, in the opinion of the superintendent,  4,322        

payment of the assessment would endanger the carrier's ability to  4,323        

fulfill its contractual obligations.                               4,324        

      (G)  In the event an assessment against a carrier is         4,326        

deferred in whole or in part, the amount by which the assessment   4,327        

is deferred may be assessed against the other carriers in a        4,328        

manner consistent with the basis for assessments set forth in      4,329        

this section.  In such event, the other carriers assessed shall    4,330        

have a claim in the amount of the assessment against the carrier   4,331        

receiving the deferment.  The carrier receiving the deferment      4,332        

shall remain liable to the program for the amount deferred.  The   4,333        

superintendent may attach appropriate conditions to any            4,334        

deferment.                                                         4,335        

                                                          93     

                                                                 
      Sec. 3924.14.  Neither the participation as members of the   4,344        

Ohio small employer health reinsurance program or as members of    4,345        

the board of directors of the program, the establishment of        4,347        

rates, forms, or procedures for coverage issued by the program,    4,348        

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  4,349        

legal action or any criminal or civil liability or penalty         4,350        

against the program, the board, or any of its members either       4,351        

jointly or separately.                                                          

      Sec. 3924.27.  (A)  AS USED IN THIS SECTION:                 4,354        

      (1)  "CARRIER," "DEPENDENT," AND "HEALTH BENEFIT PLAN" HAVE  4,356        

THE SAME MEANINGS AS IN SECTION 3924.01 OF THE REVISED CODE.       4,357        

      (2)  "HEALTH STATUS-RELATED FACTOR" MEANS ANY OF THE         4,359        

FOLLOWING:                                                         4,360        

      (a)  HEALTH STATUS;                                          4,362        

      (b)  MEDICAL CONDITION, INCLUDING BOTH PHYSICAL AND MENTAL   4,365        

ILLNESSES;                                                                      

      (c)  CLAIMS EXPERIENCE;                                      4,367        

      (d)  RECEIPT OF HEALTH CARE;                                 4,369        

      (e)  MEDICAL HISTORY;                                        4,371        

      (f)  GENETIC INFORMATION;                                    4,373        

      (g)  EVIDENCE OF INSURABILITY, INCLUDING CONDITIONS ARISING  4,376        

OUT OF ACTS OF DOMESTIC VIOLENCE;                                               

      (h)  DISABILITY.                                             4,378        

      (B)  NO GROUP HEALTH BENEFIT PLAN, OR CARRIER OFFERING       4,380        

HEALTH INSURANCE COVERAGE IN CONNECTION WITH A GROUP HEALTH        4,381        

BENEFIT PLAN, SHALL REQUIRE ANY INDIVIDUAL, AS A CONDITION OF      4,382        

ENROLLMENT OR CONTINUED ENROLLMENT UNDER THE PLAN, TO PAY A        4,383        

PREMIUM OR CONTRIBUTION THAT IS GREATER THAN THE PREMIUM OR        4,384        

CONTRIBUTION FOR A SIMILARLY SITUATED INDIVIDUAL ENROLLED IN THE   4,385        

PLAN ON THE BASIS OF ANY HEALTH STATUS-RELATED FACTOR IN RELATION  4,386        

TO THE INDIVIDUAL OR TO AN INDIVIDUAL ENROLLED UNDER THE PLAN AS   4,387        

A DEPENDENT OF THE INDIVIDUAL.                                     4,388        

      (C)  NOTHING IN DIVISION (B) OF THIS SECTION SHALL BE        4,392        

                                                          94     

                                                                 
CONSTRUED TO RESTRICT THE AMOUNT THAT AN EMPLOYER MAY BE CHARGED   4,393        

FOR COVERAGE UNDER A GROUP HEALTH BENEFIT PLAN, OR TO PREVENT A    4,394        

GROUP HEALTH BENEFIT PLAN, AND A CARRIER OFFERING GROUP HEALTH     4,395        

INSURANCE COVERAGE, FROM ESTABLISHING PREMIUM DISCOUNTS OR         4,396        

REBATES OR MODIFYING OTHERWISE APPLICABLE COPAYMENTS OR            4,397        

DEDUCTIBLES IN RETURN FOR ADHERENCE TO PROGRAMS OF HEALTH          4,398        

PROMOTION AND DISEASE PREVENTION.                                               

      Sec. 3924.51.  (A)  As used in this section:                 4,407        

      (1)  "Child" means, in connection with any adoption or       4,409        

placement for adoption of the child, an individual who has not     4,410        

attained age eighteen as of the date of the adoption or placement  4,411        

for adoption.                                                      4,412        

      (2)  "Health insurer" has the same meaning as in section     4,414        

3924.41 of the Revised Code.                                       4,415        

      (3)  "Placement for adoption" means the assumption and       4,417        

retention by a person of a legal obligation for total or partial   4,418        

support of a child in anticipation of the adoption of the child.   4,419        

The child's placement with a person terminates upon the            4,420        

termination of that legal obligation.                              4,421        

      (B)  If an individual or group health plan of a health       4,423        

insurer provides MAKES coverage AVAILABLE for dependent children   4,425        

of participants or beneficiaries, the plan shall provide benefits  4,426        

to dependent children placed with participants or beneficiaries    4,427        

for adoption under the same terms and conditions as apply to the   4,428        

natural, dependent children of the participants and                             

beneficiaries, irrespective of whether the adoption has become     4,429        

final.                                                             4,430        

      (C)  A health plan described in division (B) of this         4,432        

section shall not restrict coverage under the plan of any          4,434        

dependent child adopted by a participant or beneficiary, or        4,435        

placed with a participant or beneficiary for adoption, solely on   4,436        

the basis of a pre-existing condition of the child at the time     4,437        

that the child would otherwise become eligible for coverage under  4,438        

the plan, if the adoption or placement for adoption occurs while   4,439        

                                                          95     

                                                                 
the participant or beneficiary is eligible for coverage under the  4,440        

plan.                                                                           

      Sec. 3924.61.  As used in sections 3924.61 to 3924.74 of     4,449        

the Revised Code:                                                  4,450        

      (A)  "Account holder" means the natural person who opens a   4,453        

medical savings account or on whose behalf a medical savings       4,454        

account is opened.                                                              

      (B)  "Eligible medical expense" means any expense for a      4,457        

service rendered by a licensed health care provider or a           4,458        

Christian Science practitioner, or for an article, device, or      4,459        

drug prescribed by a licensed health care provider or provided by  4,460        

a Christian Science practitioner, when intended for use in the     4,462        

mitigation, treatment, or prevention of disease; ANY AMOUNT PAID   4,463        

FOR TRANSPORTATION TO THE LOCATION AT WHICH SUCH A SERVICE IS      4,464        

RENDERED; ANY AMOUNT PAID FOR LODGING NECESSITATED BY THE RECEIPT  4,465        

OF CARE AT A NONLOCAL HOSPITAL; or premiums paid for               4,466        

comprehensive sickness and accident insurance, coverage under a    4,468        

health care plan of a health insuring corporation organized under  4,469        

Chapter 1751. of the Revised Code, long-term care insurance as     4,471        

defined in section 3923.41 of the Revised Code, Medicare MEDICARE  4,472        

supplemental coverage as defined in section 3923.33 of the         4,474        

Revised Code, or payments made pursuant to cost sharing            4,475        

agreements under comprehensive sickness and accident plans.  An    4,476        

"eligible medical expense" does not include expenses otherwise     4,477        

paid or reimbursed, including medical expenses paid or reimbursed  4,478        

under an automobile or motor vehicle insurance policy, a workers'  4,479        

compensation insurance policy or plan, or an employer-sponsored    4,480        

health coverage policy, plan, or contract.                                      

      (C)  "Qualified dependent" means a child of an account       4,483        

holder when any of the following applies:                                       

      (1)  The child is under nineteen years of age, or is under   4,486        

twenty-three years of age and a full-time student at an                         

accredited college or university;                                  4,487        

      (2)  The child is not self-sufficient due to physical or     4,489        

                                                          96     

                                                                 
mental disorders or impairments;                                   4,490        

      (3)  The child is legally entitled to the provision of       4,492        

proper or necessary subsistence, education, medical care, or       4,493        

other care necessary for the child's health, guidance, or          4,494        

well-being and is not otherwise emancipated, self-supporting,      4,495        

married, or a member of the armed forces of the United States      4,497        

DEPENDENT" HAS THE SAME MEANING AS IN SECTION 152 OF THE           4,498        

"INTERNAL REVENUE CODE OF 1986," 100 STAT. 2085, 26 U.S.C.A. 1,    4,499        

AS AMENDED.                                                                     

      Sec. 3924.62.  (A)  A medical savings account may be opened  4,508        

by or on behalf of any natural person, to pay the person's         4,509        

eligible medical expenses and the eligible medical expenses of     4,510        

that person's spouse or qualified dependent.  A medical savings    4,511        

account may be opened by or on behalf of a person only if that     4,514        

person participates in a sickness or accident insurance plan, a    4,515        

plan offered by a health insuring corporation organized under      4,516        

Chapter 1751. of the Revised Code, or a self-funded,               4,517        

employer-sponsored health benefit plan established pursuant to     4,518        

the "Employee Retirement Income Security Act of 1974," 88 Stat.    4,519        

832, 29 U.S.C.A. 1001, as amended.  While the medical savings                   

account is open, the account holder shall continue to participate  4,520        

in such a plan.                                                                 

      (B)  A person who refuses to participate in a policy, plan,  4,523        

or contract of health coverage that is funded by the person's      4,524        

employer, and who receives additional monetary compensation by     4,525        

virtue of refusing that coverage, may not open a medical savings   4,526        

account unless the medical savings account also is sponsored by    4,527        

the person's employer.                                             4,528        

      Sec. 3924.63.  The owners of interest in a medical savings   4,538        

account are the account holder, AND the account holder's spouse,   4,539        

and qualified dependents.  No medical savings account shall be     4,540        

subject to garnishment or attachment.                              4,542        

      Sec. 3924.64.  (A)  At the time a medical savings account    4,552        

is opened, an administrator for the account shall be designated.   4,553        

                                                          97     

                                                                 
If an employer opens an account for an employee, the employer may  4,554        

designate the administrator.  If an account is opened by any       4,555        

person other than an employer, or if an employer chooses not to    4,556        

designate an administrator for an account opened for an employee,  4,557        

the account holder shall designate the administrator.  The         4,558        

administrator shall manage the account in a fiduciary capacity     4,559        

for the benefit of the account holder.                                          

      (B)  Medical savings accounts shall be administered by one   4,562        

of the following:                                                               

      (1)  A federally or state-chartered bank, savings and loan   4,565        

association, savings bank, or credit union;                                     

      (2)  A trust company authorized to act as a fiduciary;       4,567        

      (3)  An insurer authorized under Title XXXIX of the Revised  4,570        

Code to engage in the business of sickness and accident            4,571        

insurance;                                                                      

      (4)  A dealer or salesperson licensed under Chapter 1707.    4,574        

of the Revised Code;                                                            

      (5)  An administrator licensed under Chapter 3959. of the    4,577        

Revised Code;                                                                   

      (6)  A certified public accountant;                          4,579        

      (7)  An employer that administers an employee benefit plan   4,582        

subject to regulation under the "Employee Retirement Income        4,583        

Security Act of 1974," 88 Stat. 829, 29 U.S.C.A. 1001, as          4,585        

amended, or that maintains medical savings accounts for its        4,586        

employees;                                                                      

      (8)  Health insuring corporations organized under Chapter    4,589        

1751. of the Revised Code.                                                      

      (C)  Each administrator shall send to the account holder,    4,592        

at least annually, a statement setting forth the balance           4,593        

remaining in the account holder's account and detailing the        4,594        

activity in the account since the last statement was issued.       4,595        

Upon an administrator's receipt of a written request from an       4,596        

account holder for a current statement, the administrator shall    4,597        

promptly send the statement to the account holder.                              

                                                          98     

                                                                 
      (D)  When an account holder documents to the administrator   4,600        

of the account the account holder's payment of, or the account                  

holder's obligation for, an eligible medical expense for the       4,601        

account holder, OR the account holder's spouse, or qualified       4,603        

dependents, the administrator shall reimburse the account holder   4,604        

for, or shall pay for, the eligible medical expense with funds     4,605        

from the account holder's account, if sufficient funds are         4,606        

available in the account holder's account.  If there are not       4,607        

sufficient funds in the account to fully reimburse the account     4,608        

holder or pay the expenses, the administrator shall reimburse the  4,610        

account holder or pay the expenses using whatever funds are in     4,611        

the account.  The reimbursement or payment shall be made within    4,612        

thirty days of the administrator's receipt of the documentation.   4,613        

At the time of making the reimbursement or payment, the                         

administrator shall notify the account holder if the medical       4,614        

expense does not count toward meeting the deductible or other      4,615        

obligation for the receipt of benefits that is required by the     4,616        

insurer or other third-party payer providing health coverage to    4,617        

the account holder.  The administrator shall keep a record of the  4,618        

amounts disbursed from the account for documented eligible         4,619        

medical expenses and of the dates on which the expenses were       4,620        

incurred.  This record shall be made available to any sickness     4,621        

and accident insurer or other third-party payer providing health   4,622        

coverage to the account holder, for use by the insurer or          4,623        

third-party payer in determining whether the account holder has    4,624        

met the deductible or other obligation required for the receipt    4,625        

of benefits from the insurer or third-party payer.                 4,626        

      (E)  When an account is opened, the administrator shall      4,629        

give written notice to the account holder of the date of the last  4,630        

business day of the administrator's business year.                 4,631        

      Sec. 3924.66.  (A)  In determining Ohio adjusted gross       4,640        

income under Chapter 5747. of the Revised Code, an account holder  4,641        

may deduct an amount equaling the total of the deposits that the   4,643        

account holder, the account holder's spouse, or the account        4,644        

                                                          99     

                                                                 
holder's employer made to the account during the taxable year, to  4,645        

the extent that the funds for the deposits have not otherwise      4,646        

been deducted or excluded in determining the account holder's                   

federal adjusted gross income.  The amount deducted by an account  4,648        

holder for a taxable year shall not exceed three thousand          4,649        

dollars.  If two married persons each have an account, each        4,650        

spouse may claim the deduction described in this section, and the  4,652        

amount deducted by each spouse shall not exceed three thousand     4,653        

dollars, whether the spouses file returns jointly or separately.   4,654        

      (B)  The maximum deduction allowed under division (A) of     4,656        

this section shall be adjusted annually by the department of       4,657        

taxation to reflect increases in the consumer price index for all  4,658        

items for all urban consumers for the north central region, as     4,659        

published by the United States bureau of labor statistics.         4,660        

      (C)  In determining Ohio adjusted gross income under         4,662        

Chapter 5747. of the Revised Code, an account holder may deduct    4,663        

the investment earnings of a medical savings account from the      4,664        

account holder's federal adjusted gross income, to the extent      4,665        

that these earnings have been included in the account holder's     4,666        

federal adjusted gross income.                                                  

      (D)  In determining Ohio adjusted gross income under         4,668        

Chapter 5747. of the Revised Code, an account holder shall add to  4,669        

the account holder's federal adjusted gross income an amount       4,670        

equal to the sum of the amounts described in divisions (D)(1) and  4,672        

(2) of this section to the extent that those amounts were          4,673        

included in the account holder's federal adjusted gross income     4,674        

and previously deducted in determining the account holder's Ohio   4,676        

adjusted gross income.  In determining the extent to which         4,677        

amounts withdrawn from the account shall be included in the        4,678        

account holder's Ohio adjusted gross income, the tax commissioner  4,680        

shall be guided by the provisions of sections 72 and 408 of the    4,681        

Internal Revenue Code governing the determination of the amount    4,682        

of withdrawals from an individual retirement account to be         4,683        

included in federal gross income.                                               

                                                          100    

                                                                 
      (1)  Amounts withdrawn from the account during the taxable   4,686        

year used for any purpose other than to reimburse the account      4,687        

holder for, or to pay, the eligible medical expenses of the        4,688        

account holder, OR the account holder's spouse, or qualified       4,690        

dependents;                                                        4,691        

      (2)  Investment earnings during the taxable year on amounts  4,693        

withdrawn from the account that are described in division (D)(1)   4,694        

of this section.                                                   4,695        

      (E)  Amounts withdrawn from a medical savings account to     4,697        

reimburse the account holder for, or to pay, the account holder's  4,698        

eligible medical expenses, or the eligible medical expenses of     4,699        

the account holder's spouse or qualified dependents, shall not be  4,701        

included in the account holder's Ohio adjusted gross income in     4,702        

determining taxes due under Chapter 5747. of the Revised Code.     4,703        

      (F)  If a qualified dependent of an account holder becomes   4,706        

ineligible to continue to participate in the account holder's      4,708        

policy, plan, or contract of health coverage, the account holder   4,709        

may withdraw funds from the account holder's account and use                    

those funds to pay the premium for the first year of a policy,     4,710        

plan, or contract of health coverage for the qualified dependent   4,711        

and to pay any deductible for the first year of that policy,       4,713        

plan, or contract.  Funds withdrawn and used for that purpose      4,714        

shall not be included in the account holder's Ohio adjusted gross  4,715        

income in determining taxes due under Chapter 5747. of the         4,716        

Revised Code.                                                      4,717        

      Sec. 3924.67.  An account holder may withdraw funds from     4,727        

the account holder's account at any time, for any purpose.                      

However, the administrator of a medical savings account shall not  4,728        

disburse funds to an account holder during the year in which the   4,730        

funds were deposited, except to reimburse the account holder for,  4,731        

or pay for, a documented eligible medical expense of the account   4,732        

holder, OR the account holder's spouse, or a qualified dependent.  4,733        

      Sec. 3924.68.  (A)  If an account holder, whose medical      4,743        

savings account has been opened by the account holder's employer,  4,744        

                                                          101    

                                                                 
later ceases to be employed by that employer, the account holder   4,745        

may, within sixty days of the account holder's final date of       4,746        

employment, request in writing to the administrator of the         4,748        

account that the administrator continue to administer the          4,749        

account.                                                                        

      (1)  If the administrator agrees to continue to administer   4,752        

the account, funds in the account may continue to be used to pay   4,753        

the eligible medical expenses of the account holder, AND the       4,754        

account holder's spouse, and qualified dependents, pursuant to     4,755        

sections 3924.61 to 3924.74 of the Revised Code.                   4,757        

      If the account holder later becomes employed by a new        4,759        

employer that opens a new medical savings account on the account   4,760        

holder's behalf, the account holder may transfer any funds         4,762        

remaining in the account opened by the account holder's former     4,763        

employer to the account opened by the account holder's new         4,764        

employer.  For purposes of determining taxes due under Chapter     4,766        

5747. of the Revised Code, this transfer of funds shall not be                  

considered a withdrawal of funds from a medical savings account,   4,767        

nor shall it be considered a deposit to a medical savings          4,768        

account.                                                                        

      (2)  If the administrator does not agree to continue to      4,771        

administer the account, or if the account holder requests that     4,772        

the account be closed, the administrator shall close the account   4,773        

and mail a check or other negotiable instrument in the amount of   4,774        

the account balance as of that date to the account holder.  The    4,775        

amount distributed shall be included in the account holder's Ohio  4,776        

adjusted gross income in determining taxes due under Chapter       4,777        

5747. of the Revised Code.                                         4,778        

      (B)  Within sixty days of the account holder's final date    4,780        

of employment, the account holder may transfer any funds           4,782        

remaining in the account opened by the account holder's former     4,783        

employer to another medical savings account owned by the account   4,784        

holder.  For purposes of determining taxes due under Chapter       4,785        

5747,. of the Revised Code, this transfer of funds shall not be    4,786        

                                                          102    

                                                                 
considered a withdrawal of funds from a medical savings account,   4,787        

nor shall it be considered a deposit to a medical savings                       

account.                                                           4,788        

      (C)  An administrator of an account opened by an employer    4,790        

shall not close an account without the permission of the account   4,791        

holder until at least sixty-one days after the account holder's    4,792        

final date of employment.  The employer shall notify the           4,793        

administrator of the employee's final date of employment.          4,794        

      Sec. 3924.73.  (A)  As used in this section:                 4,803        

      (1)  "Health care insurer" means any person legally engaged  4,805        

in the business of providing sickness and accident insurance       4,806        

contracts in this state, a health insuring corporation organized   4,808        

under Chapter 1751. of the Revised Code, or any legal entity that  4,809        

is self-insured and provides health care benefits to its                        

employees or members.                                              4,810        

      (2)  "Small employer" has the same meaning as in division    4,812        

(P) of section 3924.01 of the Revised Code.                        4,813        

      (B)(1)  Subject to division (B)(2) of this section, nothing  4,816        

in sections 3924.61 to 3924.74 of the Revised Code shall be        4,817        

construed to limit the rights, privileges, or protections of       4,818        

employees or small employers under sections 3924.01 to 3924.14 of  4,819        

the Revised Code.                                                  4,820        

      (2)  If any account holder enrolls or applies to enroll in   4,822        

a policy or contract offered by a health care insurer providing    4,823        

sickness and accident coverage that is more comprehensive than,    4,824        

and has a deductible amount that is less than, the coverage and    4,825        

deductible amount of the policy under which the account holder     4,826        

currently is enrolled, the health care insurer to which the        4,827        

account holder applies may subject the account holder to the same  4,829        

medical review, waiting periods, and underwriting requirements to  4,830        

which the health care insurer generally subjects other enrollees   4,831        

or applicants, unless the account holder enrolls or applies to     4,832        

enroll during a designated period of open enrollment.              4,833        

      Section 2.  That existing sections 1739.05, 1751.06,         4,835        

                                                          103    

                                                                 
1751.15, 1751.16, 1751.18, 1751.59, 1751.61, 1751.64, 1751.65,     4,836        

1751.67, 3901.21, 3901.49, 3901.491, 3901.50, 3901.501, 3923.021,  4,837        

3923.122, 3923.26, 3923.40, 3923.57, 3923.58, 3923.59, 3923.63,    4,839        

3923.64, 3924.01, 3924.02, 3924.03, 3924.07, 3924.08, 3924.09,     4,840        

3924.10, 3924.11, 3924.111, 3924.12, 3924.13, 3924.14, 3924.51,    4,841        

3924.61, 3924.62, 3924.63, 3924.64, 3924.66, 3924.67, 3924.68,     4,842        

and 3924.73 and section 3941.53 of the Revised Code are hereby     4,843        

repealed.                                                                       

      Section 3.  The amendments to sections 1751.59, 1751.61,     4,845        

3923.122, 3923.26, 3923.40, and 3924.51 of the Revised Code by     4,846        

this act shall apply to contracts, evidences of coverage,          4,847        

policies, and plans that are delivered, issued for delivery,       4,848        

renewed, or established in this state on or after the effective    4,849        

date of this section.                                              4,850        

      Section 4.  The amendment of sections 1751.64, 3901.49, and  4,852        

3901.50 of the Revised Code is not intended to supersede the       4,853        

earlier repeal, with delayed effective dates, of those sections.   4,854        

      Section 5.  This act is hereby declared to be an emergency   4,856        

measure necessary for the immediate preservation of the public     4,857        

peace, health, and safety.  The reason for such necessity is that  4,858        

Ohio must meet the federal deadline relative to the                4,859        

implementation of the federal Health Insurance Portability and                  

Accountability Act of 1996.  Ohio's failure to meet this deadline  4,860        

could result in the federal government assuming regulation over    4,861        

certain areas of health insurance, thereby disrupting the stable   4,862        

health insurance market in Ohio that currently exists under Ohio   4,863        

law.  Meeting the federal deadline will protect the public health  4,865        

and safety of the citizens of this state by ensuring the                        

stability of the health insurance market through the continued     4,866        

regulation of this market by the state.  Therefore, this act       4,867        

shall go into immediate effect.