As Passed by the Senate                       1            

122nd General Assembly                                             4            

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

      1997-1998                                                    6            


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

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

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

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

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

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

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

     SENATORS CUPP-DiDONATO-GILLMOR-HOWARD-OELSLAGER-WATTS-        15           

DRAKE-CARNES-KEARNS-GARDNER-LATTA-GAETH-ZALESKI-LATELL-B. JOHNSON-  16           

                  DIX-BLESSING-FINAN-SUHADOLNIK                    17           


                                                                   18           

                           A   B I L L                                          

             To amend sections 1739.05, 1751.06, 1751.15,          20           

                1751.16, 1751.18, 1751.59, 1751.61, 1751.64,       21           

                1751.65, 1751.67, 3901.21,  3901.49, 3901.491,     22           

                3901.50, 3901.501, 3923.021, 3923.122, 3923.26,    23           

                3923.40, 3923.57,  3923.58, 3923.59, 3923.63,      25           

                3923.64, 3924.01, 3924.02, 3924.03, 3924.07 to                  

                3924.11, 3924.111, 3924.12 to 3924.14, 3924.51,    27           

                3924.61 to 3924.64, 3924.66 to 3924.68, and        28           

                3924.73, to enact sections 1751.57, 1751.58,       29           

                3901.044, 3923.571, 3923.581, 3924.031, 3924.032,  31           

                3924.033, and 3924.27, and to  repeal section      32           

                3941.53 of the Revised Code relative to the        33           

                implementation of the federal Health Insurance     34           

                Portability and Accountability  Act of 1996 and    35           

                insurance coverage of follow-up care for a mother  36           

                and newborn, and to declare an emergency.          37           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        39           

                                                          2      

                                                                 
      Section 1.  That sections 1739.05, 1751.06, 1751.15,         41           

1751.16, 1751.18, 1751.59, 1751.61, 1751.64, 1751.65, 1751.67,     42           

3901.21, 3901.49, 3901.491, 3901.50, 3901.501, 3923.021,           44           

3923.122, 3923.26, 3923.40, 3923.57, 3923.58, 3923.59, 3923.63,    46           

3923.64, 3924.01, 3924.02, 3924.03, 3924.07, 3924.08, 3924.09,     47           

3924.10, 3924.11, 3924.111, 3924.12, 3924.13, 3924.14, 3924.51,    48           

3924.61, 3924.62, 3924.63, 3924.64, 3924.66, 3924.67, 3924.68,     50           

and 3924.73 be amended and sections 1751.57, 1751.58, 3901.044,    51           

3923.571, 3923.581, 3924.031, 3924.032, 3924.033, and 3924.27 of   52           

the Revised Code be enacted to read as follows:                    54           

      Sec. 1739.05.  (A)  A multiple employer welfare arrangement  63           

that is created pursuant to sections 1739.01 to 1739.22 of the     64           

Revised Code and that operates a group self-insurance program may  65           

be established only if any of the following applies:               66           

      (1)  The arrangement has and maintains a minimum enrollment  68           

of three hundred employees of two or more employers.               69           

      (2)  The arrangement has and maintains a minimum enrollment  71           

of three hundred self-employed individuals.                        72           

      (3)  The arrangement has and maintains a minimum enrollment  74           

of three hundred employees or self-employed individuals in any     75           

combination of divisions (A)(1) and (2) of this section.           76           

      (B)  A multiple employer welfare arrangement that is         78           

created pursuant to sections 1739.01 to 1739.22 of the Revised     79           

Code and that operates a group self-insurance program shall        80           

comply with all laws applicable to self-funded programs in this    81           

state, including sections 3901.04, 3901.041, 3901.19 to 3901.26,   82           

3901.38, 3901.40, 3901.45, 3901.46, 3902.01 to 3902.14, 3923.30,   83           

3923.301, and 3923.38, 3923.581, 3923.63, 3924.031, 3924.032, AND  86           

3924.27 of the Revised Code.                                       87           

      (C)  A multiple employer welfare arrangement created         89           

pursuant to sections 1739.01 to 1739.22 of the Revised Code shall  90           

solicit enrollments only through agents or solicitors licensed     91           

pursuant to Chapter 3905. of the Revised Code to sell or solicit   92           

sickness and accident insurance.                                   93           

                                                          3      

                                                                 
      (D)  A multiple employer welfare arrangement created         95           

pursuant to sections 1739.01 to 1739.22 of the Revised Code shall  96           

provide benefits only to individuals who are members, employees    97           

of members, or the dependents of members or employees, or are      98           

eligible for continuation of coverage under section 1751.53 or     99           

3923.38 of the Revised Code or under Title X of the "Consolidated  100          

Omnibus Budget Reconciliation Act of 1985," 100 Stat. 227, 29      101          

U.S.C.A. 1161, as amended.                                         102          

      Sec. 1751.06.  Upon obtaining a certificate of authority as  111          

required under this chapter, a health insuring corporation may do  113          

all of the following:                                                           

      (A)  Enroll individuals and their dependents in either of    115          

the following circumstances:                                       116          

      (1)  The individual resides OR LIVES in the approved         118          

service area.                                                                   

      (2)  The individual's place of employment is located in the  121          

approved service area and the individual has agreed to receive     122          

health care services in accordance with the evidence of coverage.  123          

      (B)  Contract with providers and health care facilities for  125          

the health care services to which enrollees are entitled under     126          

the terms of the health insuring corporation's health care         127          

contracts;                                                                      

      (C)  Contract with insurance companies authorized to do      130          

business in this state for insurance, indemnity, or reimbursement  131          

against the cost of providing emergency and nonemergency health    132          

care services for enrollees, subject to the provisions set forth   133          

in this chapter and the limitations set forth in the Revised       135          

Code;                                                                           

      (D)  Contract with any person pursuant to the requirements   137          

of division (A)(18) of section 1751.03 of the Revised Code for     138          

managerial or administrative services, or for data processing,     139          

actuarial analysis, billing services, or any other services        140          

authorized by the superintendent of insurance.  However, a health  142          

insuring corporation shall not enter into a contract for any of    143          

                                                          4      

                                                                 
the services listed in this division with an insurance company     144          

that is not authorized to engage in the business of insurance in   145          

this state.                                                                     

      (E)  Accept from governmental agencies, private agencies,    147          

corporations, associations, groups, individuals, or other          148          

persons, payments covering all or part of the costs of planning,   149          

development, construction, and the provision of health care        150          

services;                                                                       

      (F)  Purchase, lease, construct, renovate, operate, or       152          

maintain health care facilities, and their ancillary equipment,    153          

and any property necessary in the transaction of the business of   154          

the health insuring corporation.;                                               

      (G)  IN THE EMPLOYER GROUP MARKET, IMPOSE AN AFFILIATION     157          

PERIOD OF NOT MORE THAN SIXTY DAYS, WHICH PERIOD BEGINS ON THE     158          

INDIVIDUAL'S DATE OF ENROLLMENT AND RUNS CONCURRENTLY WITH ANY     159          

WAITING PERIOD IMPOSED UNDER THE COVERAGE.  FOR PURPOSES OF THIS   160          

DIVISION, "AFFILIATION PERIOD" MEANS A PERIOD OF TIME WHICH,       161          

UNDER THE TERMS OF THE COVERAGE OFFERED, MUST EXPIRE BEFORE THE    162          

COVERAGE BECOMES EFFECTIVE.  NO HEALTH CARE SERVICES OR BENEFITS   163          

NEED TO BE PROVIDED DURING AN AFFILIATION PERIOD, AND NO PERIODIC  164          

PREPAYMENTS CAN BE CHARGED FOR ANY COVERAGE DURING THAT PERIOD.    165          

      (H)  IF A HEALTH INSURING CORPORATION OFFERS COVERAGE IN     168          

THE SMALL EMPLOYER GROUP MARKET THROUGH A NETWORK PLAN, LIMIT OR   169          

DENY THE COVERAGE IN ACCORDANCE WITH SECTION 3924.031 OF THE       171          

REVISED CODE;                                                      172          

      (I)  REFUSE TO ISSUE COVERAGE IN THE SMALL EMPLOYER GROUP    175          

MARKET PURSUANT TO SECTION 3924.032 OF THE REVISED CODE;           177          

      (J)  ESTABLISH EMPLOYER CONTRIBUTION RULES OR GROUP          180          

PARTICIPATION RULES FOR THE OFFERING OF COVERAGE IN CONNECTION     181          

WITH A GROUP CONTRACT IN THE SMALL EMPLOYER GROUP MARKET, AS       182          

PROVIDED IN DIVISION (E)(1) OF SECTION 3924.03 OF THE REVISED      185          

CODE.                                                                           

      Nothing in this section shall be construed as prohibiting a  187          

health insuring corporation without other commercial enrollment    188          

                                                          5      

                                                                 
from contracting solely with federal health care programs          189          

regulated by federal regulatory bodies.                                         

      Nothing in this section shall be construed to limit the      191          

authority of a health insuring corporation to perform those        192          

functions not otherwise prohibited by law.                         193          

      Sec. 1751.15.  (A)  After a health insuring corporation has  202          

furnished, directly or indirectly, basic health care services for  203          

a period of twenty-four months, and if it currently meets the      204          

financial requirements set forth in section 1751.28 of the         205          

Revised Code and had net income as reported to the superintendent  206          

of insurance for at least one of the preceding four calendar                    

quarters, it shall hold an annual open enrollment period of not    207          

less than thirty days during its month of licensure FOR            209          

INDIVIDUALS WHO ARE NOT FEDERALLY ELIGIBLE INDIVIDUALS.            210          

      (B)  During the open enrollment period described in          212          

division (A) of this section, the health insuring corporation      213          

shall accept applicants and their dependents in the order in       214          

which they apply for enrollment and in accordance with any of the  215          

following:                                                                      

      (1)  Up to its capacity, as determined by the health         217          

insuring corporation subject to review by the superintendent;      218          

      (2)  If less than its capacity, one per cent of the health   220          

insuring corporation's total number of subscribers residing in     221          

this state as of the immediately preceding thirty-first day of     222          

December.                                                          223          

      (C)  Where a health insuring corporation demonstrates to     225          

the satisfaction of the superintendent that such open enrollment   226          

would jeopardize its economic viability, the superintendent may    227          

do any of the following:                                                        

      (1)  Waive the requirement for open enrollment;              229          

      (2)  Impose a limit on the number of applicants and their    231          

dependents that must be enrolled;                                  232          

      (3)  Authorize such underwriting restrictions upon open      234          

enrollment as are necessary to do any of the following:            235          

                                                          6      

                                                                 
      (a)  Preserve its financial stability;                       237          

      (b)  Prevent excessive adverse selection;                    239          

      (c)  Avoid unreasonably high or unmarketable charges for     241          

coverage of health care services.                                  242          

      (D)(1)  A request to the superintendent under division (C)   245          

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

open enrollment period must be accompanied by supporting           246          

documentation, including financial data.  In reviewing the         247          

request, the superintendent may consider various factors,          248          

including the size of the health insuring corporation, the health  249          

insuring corporation's net worth and profitability, the health     250          

insuring corporation's delivery system structure, and the effect                

on profitability of prior open enrollments.                        251          

      (2)  Any action taken by the superintendent under division   253          

(C) of this section shall be effective for a period of not more    255          

than one year.  At the expiration of such time, a new              256          

demonstration of the health insuring corporation's need for the    257          

restriction, limit, or waiver shall be made before a new           258          

restriction, limit, or waiver is granted by the superintendent.    259          

      (3)  Irrespective of the granting of any restriction,        261          

limit, or waiver by the superintendent, a health insuring          262          

corporation may reject an applicant or a dependent of the          263          

applicant during its open enrollment period if the applicant or    264          

dependent:                                                         265          

      (a)  Was eligible for and was covered under any              267          

employer-sponsored health care coverage, or if employer-sponsored  268          

health care coverage was available at the time of open             269          

enrollment;                                                                     

      (b)  Is eligible for conversion or continuation coverage     271          

under state or federal law;                                        272          

      (c)  Is eligible for medicare, and the health insuring       274          

corporation does not have an agreement on appropriate payment      275          

mechanisms with the governmental agency administering the          276          

medicare program.                                                               

                                                          7      

                                                                 
      (E)  A health insuring corporation shall not be required     278          

either to enroll applicants or their dependents who are confined   279          

to a health care facility because of chronic illness, permanent    280          

injury, or other infirmity that would cause economic impairment    281          

to the health insuring corporation if such applicants or their     282          

dependents were enrolled or to make the effective date of          283          

benefits for applicants or their dependents enrolled under this    284          

section earlier than ninety days after the date of enrollment.     285          

      (F)  A health insuring corporation shall not be required to  287          

cover the fees or costs, or both, for any basic health care        288          

service related to a transplant of a body organ if the transplant  289          

occurs within one year after the effective date of an enrollee's   290          

coverage under this section.  This limitation on coverage does     291          

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

coverage under section 1751.61 of the Revised Code.                292          

      (G)  Each health insuring corporation required to hold an    294          

open enrollment pursuant to division (A) of this section shall     295          

file with the superintendent, not later than sixty days prior to   296          

the commencement of the proposed open enrollment period, the       297          

following documents:                                                            

      (1)  The proposed public notice of open enrollment;          299          

      (2)  The evidence of coverage approved pursuant to section   301          

1751.11 of the Revised Code that will be used during open          303          

enrollment;                                                                     

      (3)  The contractual periodic prepayment and premium rate    305          

approved pursuant to section 1751.12 of the Revised Code that      306          

will be applicable during open enrollment;                         307          

      (4)  Any solicitation document approved pursuant to section  310          

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

the application form that will be used during open enrollment;     311          

      (5)  A list of the proposed dates of publication of the      313          

public notice, and the names of the newspapers in which the        314          

notice will appear;                                                315          

      (6)  Any request for a restriction, limit, or waiver with    317          

                                                          8      

                                                                 
respect to the open enrollment period, along with any supporting   318          

documentation.                                                     319          

      (H)(1)  An open enrollment period shall not satisfy the      321          

requirements of this section unless the health insuring            322          

corporation provides adequate public notice in accordance with     323          

divisions (H)(2) and (3) of this section.  No public notice shall  324          

be used until the form of the public notice has been filed by the  325          

health insuring corporation with the superintendent.  If the       326          

superintendent does not disapprove the public notice within sixty  327          

days after it is filed, it shall be deemed approved, unless the    328          

superintendent sooner gives approval for the public notice.  If    329          

the superintendent determines within this sixty-day period that    330          

the public notice fails to meet the requirements of this section,  331          

the superintendent shall so notify the health insuring             332          

corporation and it shall be unlawful for the health insuring       333          

corporation to use the public notice.  Such disapproval shall be   334          

effected by a written order, which shall state the grounds for     335          

disapproval and shall be issued in accordance with Chapter 119.    336          

of the Revised Code.                                                            

      (2)  A public notice pursuant to division (H)(1) of this     338          

section shall be published in at least one newspaper of general    339          

circulation in each county in the health insuring corporation's    340          

service area, at least once in each of the two weeks immediately   341          

preceding the month in which the open enrollment is to occur and   342          

in each week of that month, or until the enrollment limitation is  343          

reached, whichever occurs first.  The notice published during the  344          

last week of open enrollment shall appear not less than five days  345          

before the end of the open enrollment period.  It shall be at      346          

least two newspaper columns wide or two and one-half inches wide,  348          

whichever is larger.  The first two lines of the text shall be     349          

published in not less than twelve-point, boldface type.  The       350          

remainder of the text of the notice shall be published in not      351          

less than eight-point type.  The entire public notice shall be     352          

surrounded by a continuous black line not less than one-eighth of  353          

                                                          9      

                                                                 
an inch wide.                                                                   

      (3)  The following information shall be included in the      355          

public notice provided under division (H)(2) of this section:      356          

      (a)  The dates that open enrollment will be held and the     358          

date coverage obtained under the open enrollment will become       359          

effective;                                                                      

      (b)  Notice that an applicant or the applicant's dependents  361          

will not be denied coverage during open enrollment because of a    362          

preexisting health condition, but that some limitations and        363          

restrictions may apply;                                                         

      (c)  The address where a person may obtain an application;   365          

      (d)  The telephone number that a person may call to request  367          

an application or to ask questions;                                369          

      (e)  The date the first payment will be due;                 371          

      (f)  The actual rates or range of rates that will be         373          

applicable for applicants;                                         374          

      (g)  Any limitation granted by the superintendent on the     377          

number of applications that will be accepted by the health         378          

insuring corporation.                                                           

      (4)  Within thirty days after the end of an open enrollment  381          

period, the health insuring corporation shall submit to the        382          

superintendent proof of publication for the public notices, and    383          

shall report the total number of applicants and their dependents   384          

enrolled during the open enrollment period.                        385          

      (I)(1)  No health insuring corporation may employ any        387          

scheme, plan, or device that restricts the ability of any person   388          

to enroll during open enrollment.                                  389          

      (2)  No health insuring corporation may require enrollment   391          

to be made in person.  Every health insuring corporation shall     392          

permit application for coverage by mail.  A representative of the  394          

health insuring corporation may visit an applicant who has                      

submitted an application by mail, in order to explain the          395          

operations of the health insuring corporation and to answer any    396          

questions the applicant may have.  Every health insuring           397          

                                                          10     

                                                                 
corporation shall make open enrollment applications and            398          

solicitation documents readily available to any potential          399          

applicant who requests such material.                              400          

      (J)  An application postmarked on the last day of an open    402          

enrollment period shall qualify as a valid application,            403          

regardless of the date on which it is received by the health       404          

insuring corporation.                                                           

      (K)  This section does not apply to any health insuring      406          

corporation that offers only supplemental health care services or  408          

specialty health care services, or to any health insuring                       

corporation that offers plans only through Title XVIII or Title    409          

XIX of the "Social Security Act," 49 Stat. 620 (1935), 42          410          

U.S.C.A. 301, as amended, and that has no other commercial         411          

enrollment, or to any health insuring corporation that offers      412          

plans only through other federal health care programs regulated    413          

by federal regulatory bodies and that has no other commercial      414          

enrollment.                                                                     

      (L)  EACH HEALTH INSURING CORPORATION SHALL ACCEPT           417          

FEDERALLY ELIGIBLE INDIVIDUALS FOR OPEN ENROLLMENT COVERAGE AS     418          

PROVIDED IN SECTION 3923.581 OF THE REVISED CODE.  A HEALTH        420          

INSURING CORPORATION MAY REINSURE COVERAGE OF ANY FEDERALLY        421          

ELIGIBLE INDIVIDUAL ACQUIRED UNDER THAT SECTION WITH THE OPEN      422          

ENROLLMENT REINSURANCE PROGRAM IN ACCORDANCE WITH DIVISION (G) OF  424          

SECTION 3924.11 OF THE REVISED CODE.  FIXED PERIODIC PREPAYMENT    427          

RATES CHARGED FOR COVERAGE REINSURED BY THE PROGRAM SHALL BE       428          

ESTABLISHED IN ACCORDANCE WITH SECTION 3924.12 OF THE REVISED      430          

CODE.                                                                           

      (M)  AS USED IN THIS SECTION, "FEDERALLY ELIGIBLE            433          

INDIVIDUAL" MEANS AN ELIGIBLE INDIVIDUAL AS DEFINED IN 45 C.F.R.   435          

148.103.                                                           436          

      Sec. 1751.16.  (A)  Except as provided in division (F) of    445          

this section, every group contract issued by a health insuring     446          

corporation shall provide an option for conversion to an           447          

individual contract issued on a direct-payment basis to any        448          

                                                          11     

                                                                 
subscriber covered by the group contract who terminates            449          

employment or membership in the group, unless:                     450          

      (1)  Termination of the conversion option or contract is     452          

based upon nonpayment of premium after reasonable notice in        453          

writing has been given by the health insuring corporation to the   454          

subscriber.                                                        455          

      (2)  The subscriber is, or is eligible to be, covered for    457          

benefits at least comparable to the group contract under any of    458          

the following:                                                     459          

      (a)  Title XVIII of the "Social Security Act," 49 Stat. 620  461          

(1935), 42 U.S.C.A. 301, as amended;                               462          

      (b)  Any act of congress or law under this or any other      464          

state of the United States providing coverage at least comparable  465          

to the benefits under division (A)(2)(a) of this section;          466          

      (c)  Any policy of insurance or health care plan providing   468          

coverage at least comparable to the benefits under division        469          

(A)(2)(a) of this section.                                         470          

      (B)(1)  The direct-payment contract offered by the health    472          

insuring corporation pursuant to division (A) of this section      474          

shall provide benefits comparable to the benefits being provided   475          

by any of the individual contracts then being issued to            476          

individual subscribers by the health insuring corporation.  The    477          

contract may contain a coordination of benefits provision as       478          

approved by the superintendent of insurance THE FOLLOWING:         480          

      (a)  IN THE CASE OF AN INDIVIDUAL WHO IS NOT A FEDERALLY     483          

ELIGIBLE INDIVIDUAL, BENEFITS COMPARABLE TO BENEFITS IN ANY OF     484          

THE INDIVIDUAL CONTRACTS THEN BEING ISSUED TO INDIVIDUAL           485          

SUBSCRIBERS BY THE HEALTH INSURING CORPORATION;                    486          

      (b)  IN THE CASE OF A FEDERALLY ELIGIBLE INDIVIDUAL, A       489          

BASIC AND STANDARD PLAN ESTABLISHED BY THE BOARD OF DIRECTORS OF   490          

THE OHIO HEALTH REINSURANCE PROGRAM OR PLANS SUBSTANTIALLY         491          

SIMILAR TO THE BASIC AND STANDARD PLAN IN BENEFIT DESIGN AND       492          

SCOPE OF COVERED SERVICES.  FOR PURPOSES OF DIVISION (B)(1)(b) OF  494          

THIS SECTION, THE SUPERINTENDENT OF INSURANCE SHALL DETERMINE      495          

                                                          12     

                                                                 
WHETHER A PLAN IS SUBSTANTIALLY SIMILAR TO THE BASIC OR STANDARD   496          

PLAN IN BENEFIT DESIGN AND SCOPE OF COVERED SERVICES.  THE         497          

CONTRACTUAL PERIODIC PREPAYMENTS CHARGED FOR SUCH PLANS MAY NOT    498          

EXCEED AN AMOUNT THAT IS TWO TIMES THE MIDPOINT OF THE STANDARD    499          

RATE CHARGED ANY OTHER INDIVIDUAL OF A GROUP TO WHICH THE          500          

ORGANIZATION IS CURRENTLY ACCEPTING NEW BUSINESS AND FOR WHICH     501          

SIMILAR COPAYMENTS AND DEDUCTIBLES ARE APPLIED.                    502          

      (2)  THE DIRECT PAYMENT CONTRACT OFFERED PURSUANT TO         504          

DIVISION (A) OF THIS SECTION MAY INCLUDE A COORDINATION OF         506          

BENEFITS PROVISION AS APPROVED BY THE SUPERINTENDENT.              507          

      (3)  FOR PURPOSES OF DIVISION (B) OF THIS SECTION            510          

"FEDERALLY ELIGIBLE INDIVIDUAL" MEANS AN ELIGIBLE INDIVIDUAL AS    511          

DEFINED IN 45 C.F.R. 148.103.                                      514          

      (C)  The option for conversion shall be available:           516          

      (1)  Upon the death of the subscriber, to the surviving      518          

spouse with respect to SUCH OF the spouse or AND dependents who    520          

were AS ARE then covered by the group contract;                    521          

      (2)  To a child solely with respect to the child upon the    523          

child's attaining the limiting age of coverage under the group     524          

contract while covered as a dependent under the contract;          525          

      (3)  Upon the divorce, dissolution, or annulment of the      527          

marriage of the subscriber, to the divorced spouse, or, in the     528          

event of annulment, to the former spouse of the subscriber.        530          

      (D)  No health insuring corporation shall do any of the      532          

following:                                                                      

      (1)  Use USE age as the basis for refusing to renew a        534          

converted contract;                                                535          

      (2)  Require a subscriber to produce evidence of             537          

insurability in order to exercise the option for conversion        538          

provided by this section;                                          539          

      (3)  Include preexisting condition limitations in a          541          

converted contract.                                                542          

      (E)  Written notice of the conversion option provided by     545          

this section shall be given to the subscriber by the health        546          

                                                          13     

                                                                 
insuring corporation by mail.  The notice shall be sent to the     547          

subscriber's address in the records of the employer upon receipt   548          

of notice from the employer of the event giving rise to the        549          

conversion option.  If the subscriber has not received notice of   550          

the conversion privilege at least fifteen days prior to the        551          

expiration of the thirty-day conversion period, then the           552          

subscriber shall have an additional period within which to         553          

exercise the privilege.  This additional period shall expire       554          

fifteen days after the subscriber receives notice, but in no       555          

event shall the period extend beyond sixty days after the          556          

expiration of the thirty-day conversion period.                    557          

      (F)  This section does not apply to any group contract       559          

offering only supplemental health care services or specialty       560          

health care services.                                                           

      Sec. 1751.18.  (A)(1)  No health insuring corporation shall  569          

cancel or fail to renew the coverage of a subscriber or enrollee   570          

because of the subscriber's or enrollee's ANY health status or     572          

requirement STATUS-RELATED FACTOR IN RELATION TO THE SUBSCRIBER    573          

OR ENROLLEE, THE SUBSCRIBER'S OR ENROLLEE'S REQUIREMENTS for       575          

health care services, or for any other reason designated under     576          

rules adopted by the superintendent of insurance.                  577          

      (2)  Unless otherwise required by state or federal law, no   579          

health insuring corporation, or health care facility or provider   580          

through which the health insuring corporation has made             581          

arrangements to provide health care services, shall discriminate   582          

against any individual with regard to enrollment, disenrollment,   583          

or the quality of health care services rendered, on the basis of   584          

the individual's race, color, sex, age, religion, state of         585          

health, or status as a recipient of medicare or medical            586          

assistance under Title XVIII or XIX of the "Social Security Act,"  587          

49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, OR ANY HEALTH    589          

STATUS-RELATED FACTOR IN RELATION TO THE INDIVIDUAL.  However, a   590          

health insuring corporation shall not be required to accept a      592          

recipient of medicare or medical assistance, if an agreement has   593          

                                                          14     

                                                                 
not been reached on appropriate payment mechanisms between the     594          

health insuring corporation and the governmental agency            595          

administering these programs.  Further, except during a period of  596          

open enrollment under section 1751.15 of the Revised Code, a       597          

health insuring corporation may reject an applicant for nongroup   598          

enrollment on the basis of the state of ANY health of              599          

STATUS-RELATED FACTOR IN RELATION TO the applicant.                601          

      (B)  A health insuring corporation may cancel or decide not  604          

to renew the coverage of a subscriber or AN enrollee for any of    605          

the following reasons:                                                          

      (1)  Failure of the subscriber or enrollee to pay, or to     607          

have paid on the subscriber's or enrollee's behalf, the required   608          

premium rate or other charge;                                      609          

      (2)  Fraud or forgery;                                       611          

      (3)  Any material misrepresentation on the application for   613          

coverage;                                                          614          

      (4)  The subscriber's or enrollee's permitting the use of    616          

an identification card or similar documents by another person,     617          

allowing that person to receive services for which that person is  619          

not entitled;                                                                   

      (5)  The subscriber's or enrollee's inability to establish   621          

or maintain a provider-patient relationship with any provider      622          

associated with the health insuring corporation, which inability   623          

may include the subscriber's or enrollee's disruptive or abusive   624          

behavior toward providers or the staff of the health care plan IF  626          

THE ENROLLEE HAS PERFORMED AN ACT OR PRACTICE THAT CONSTITUTES     627          

FRAUD OR INTENTIONAL MISREPRESENTATION OF MATERIAL FACT UNDER THE  629          

TERMS OF THE COVERAGE AND IF THE CANCELLATION OR NONRENEWAL IS                  

NOT BASED, EITHER DIRECTLY OR INDIRECTLY, ON ANY HEALTH            630          

STATUS-RELATED FACTOR IN RELATION TO THE ENROLLEE.                 631          

      (C)  A subscriber or AN enrollee may appeal any action or    633          

decision of the A health insuring corporation under division (B)   637          

of this section TAKEN PURSUANT TO SECTION 2742(b) TO (e) OF THE    640          

"HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996,"     641          

                                                          15     

                                                                 
PUB. L. NO. 104-191, 110 STAT. 1955, 42 U.S.C.A. 300gg-42, AS      643          

AMENDED.  To appeal, the subscriber or enrollee may submit a       646          

written complaint to the health insuring corporation pursuant to   647          

section 1751.19 of the Revised Code.  The subscriber or enrollee   648          

may, within thirty days after receiving a written response from    649          

the health insuring corporation, appeal the health insuring        650          

corporation's action or decision to the superintendent.            651          

      (D)  AS USED IN THIS SECTION, "HEALTH STATUS-RELATED         653          

FACTOR" MEANS ANY OF THE FOLLOWING:                                654          

      (1)  HEALTH STATUS;                                          656          

      (2)  MEDICAL CONDITION, INCLUDING BOTH PHYSICAL AND MENTAL   659          

ILLNESSES;                                                                      

      (3)  CLAIMS EXPERIENCE;                                      661          

      (4)  RECEIPT OF HEALTH CARE;                                 663          

      (5)  MEDICAL HISTORY;                                        665          

      (6)  GENETIC INFORMATION;                                    667          

      (7)  EVIDENCE OF INSURABILITY, INCLUDING CONDITIONS ARISING  670          

OUT OF ACTS OF DOMESTIC VIOLENCE;                                               

      (8)  DISABILITY.                                             672          

      Sec. 1751.57.  (A)  THE FOLLOWING CONDITIONS APPLY TO ALL    674          

INDIVIDUAL HEALTH INSURING CORPORATION CONTRACTS:                  675          

      (1)  EXCEPT AS PROVIDED IN SECTION 2742(b) TO (e) OF THE     679          

"HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996,"     684          

PUB. L. NO. 104-191, 110 STAT. 1955, 42 U.S.C.A. 300gg-42, AS      689          

AMENDED, A HEALTH INSURING CORPORATION THAT PROVIDES INDIVIDUAL    690          

COVERAGE TO AN INDIVIDUAL SHALL RENEW OR CONTINUE IN FORCE SUCH    691          

COVERAGE AT THE OPTION OF THE INDIVIDUAL.                          692          

      (2)  SUCH INDIVIDUAL CONTRACTS ARE SUBJECT TO SECTIONS 2743  694          

AND 2747 OF THE "HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY   698          

ACT OF 1996."                                                      699          

      (3)  SECTIONS 3924.031 AND 3924.032 OF THE REVISED CODE      703          

SHALL APPLY TO HEALTH INSURING CORPORATION CONTRACTS OFFERED IN    704          

THE INDIVIDUAL MARKET IN THE SAME MANNER AS THEY APPLY TO HEALTH   705          

BENEFIT PLANS OFFERED IN THE SMALL EMPLOYER MARKET.                706          

                                                          16     

                                                                 
      (B)  IN ACCORDANCE WITH 45 C.F.R. 148.102, THIS SECTION      711          

ALSO APPLIES TO ALL GROUP HEALTH INSURING CORPORATION CONTRACTS    712          

THAT ARE NOT SOLD IN CONNECTION WITH AN EMPLOYMENT-RELATED GROUP   713          

HEALTH CARE PLAN AND THAT PROVIDE MORE THAN SHORT-TERM, LIMITED    714          

DURATION COVERAGE.                                                              

      Sec. 1751.58.  EXCEPT AS OTHERWISE PROVIDED IN SECTION 2721  717          

OF THE "HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF     721          

1996," PUB. L. NO. 104-191, 110 STAT. 1955, 42 U.S.C.A. 300gg-21,  727          

AS AMENDED, THE FOLLOWING CONDITIONS APPLY TO ALL GROUP HEALTH     728          

INSURING CORPORATION CONTRACTS THAT ARE SOLD IN CONNECTION WITH    729          

AN EMPLOYMENT-RELATED GROUP HEALTH CARE PLAN AND THAT ARE NOT      730          

SUBJECT TO SECTION 3924.03 OF THE REVISED CODE:                    732          

      (A)  EXCEPT AS PROVIDED IN SECTION 2712(b) TO (e) OF THE     736          

"HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996," IF  740          

A HEALTH INSURING CORPORATION OFFERS COVERAGE IN THE SMALL OR      741          

LARGE GROUP MARKET IN CONNECTION WITH A GROUP CONTRACT, THE        742          

ORGANIZATION SHALL RENEW OR CONTINUE IN FORCE SUCH COVERAGE AT     743          

THE OPTION OF THE CONTRACT HOLDER.                                 744          

      (B)  SUCH GROUP CONTRACTS ARE SUBJECT TO DIVISION (E)(1) OF  747          

SECTION 3924.03 AND SECTIONS 3924.033 AND 3924.27 OF THE REVISED   748          

CODE.                                                              749          

      (C)  SUCH GROUP CONTRACTS SHALL PROVIDE FOR THE SPECIAL      752          

ENROLLMENT PERIODS DESCRIBED IN SECTION 2701(f) OF THE "HEALTH     755          

INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996."             758          

      Sec. 1751.59.  (A)  No individual or group health insuring   767          

corporation policy, contract, or agreement providing THAT MAKES    768          

family coverage AVAILABLE may be delivered, issued for delivery,   770          

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

agreement covers adopted children of the subscriber on the same    771          

basis as other dependents.                                         772          

      (B)  The coverage required by this section is subject to     774          

the requirements and restrictions set forth in section 3924.51 of  775          

the Revised Code.  Coverage for dependent children living outside  777          

the health insuring corporation's approved service area must be    778          

                                                          17     

                                                                 
provided if a court order requires the subscriber to provide       779          

health care coverage.                                                           

      Sec. 1751.61.  (A)  Each individual or group evidence of     789          

coverage that is delivered, issued for delivery, or renewed by a   790          

health insuring corporation in this state, and that provides       791          

MAKES coverage AVAILABLE for family members of a subscriber, also  793          

shall provide that coverage applicable to children is payable      794          

from the moment of birth with respect to a newly born child of     795          

the subscriber or subscriber's spouse.                             796          

      (B)  Coverage for a newly born child is effective for a      798          

period of thirty-one days from the date of birth.                  799          

      (C)  To continue coverage for a newly born child beyond the  801          

thirty-one day period described in division (B) of this section,   802          

the subscriber shall notify the health insuring corporation        803          

within that period.                                                             

      (D)  If payment of a specific premium rate is required to    805          

provide coverage under this section for an additional child, the   806          

evidence of coverage may require the subscriber to make this       807          

payment to the health insuring corporation within the thirty-one   808          

day period described in division (B) of this section in order to   809          

continue the coverage beyond that period.                          810          

      Sec. 1751.64.  (A)  As used in this section, "genetic        820          

screening or testing" means a laboratory test of a person's genes  821          

or chromosomes for abnormalities, defects, or deficiencies,        822          

including carrier status, that are linked to physical or mental    823          

disorders or impairments, or that indicate a susceptibility to     824          

illness, disease, or other disorders, whether physical or mental,  825          

which test is a direct test for abnormalities, defects, or         826          

deficiencies, and not an indirect manifestation of genetic         827          

disorders.                                                                      

      (B)  No health insuring corporation, in processing an        830          

application for coverage for health care services under an         831          

individual or group health insuring corporation policy, contract,  832          

or agreement or in determining insurability under such a policy,   833          

                                                          18     

                                                                 
contract, or agreement, shall do any of the following:             834          

      (1)  Require an individual seeking coverage to submit to     836          

genetic screening or testing;                                      837          

      (2)  Take into consideration, other than in accordance with  840          

division (F) of this section, the results of genetic screening or  841          

testing;                                                                        

      (3)  Make any inquiry to determine the results of genetic    843          

screening or testing;                                              844          

      (4)  Make a decision adverse to the applicant based on       846          

entries in medical records or other reports of genetic screening   847          

or testing.                                                        848          

      (C)  In developing and asking questions regarding medical    851          

histories of applicants for coverage under an individual or group  852          

health insuring corporation policy, contract, or agreement, no     853          

health insuring corporation shall ask for the results of genetic   854          

screening or testing or ask questions designed to ascertain the    855          

results of genetic screening or testing.                           856          

      (D)  No health insuring corporation shall cancel or refuse   859          

to issue or renew coverage for health care services based on the   860          

results of genetic screening or testing.                           861          

      (E)  No health insuring corporation shall deliver, issue     864          

for delivery, or renew an individual or group policy, contract,    865          

or agreement in this state that limits benefits based on the       866          

results of genetic screening or testing.                           867          

      (F)  A health insuring corporation may consider the results  870          

of genetic screening or testing if the results are voluntarily     871          

submitted by an applicant for coverage or renewal of coverage and  872          

the results are favorable to the applicant.                        873          

      (G)  A violation of this section is an unfair and deceptive  876          

act or practice in the business of insurance under sections        877          

3901.19 to 3901.26 of the Revised Code.                            879          

      Sec. 1751.65.  (A)  As used in this section, "genetic        889          

screening or testing" means a laboratory test of a person's genes  890          

or chromosomes for abnormalities, defects, or deficiencies,        891          

                                                          19     

                                                                 
including carrier status, that are linked to physical or mental    892          

disorders or impairments, or that indicate a susceptibility to     893          

illness, disease, or other disorders, whether physical or mental,  894          

which test is a direct test for abnormalities, defects, or         895          

deficiencies, and not an indirect manifestation of genetic         896          

disorders.                                                         897          

      (B)  Upon the repeal of section 1751.64 of the Revised       900          

Code, no health insuring corporation shall do either of the        902          

following:                                                                      

      (1)  Consider, in a manner adverse to an applicant or        904          

insured, any information obtained from genetic screening or        905          

testing conducted prior to the repeal of section 1751.64 of the    906          

Revised Code in processing an application for coverage for health  909          

care services under an individual or group policy, contract, or    910          

agreement or in determining insurability under such a policy,      911          

contract, or agreement;                                            912          

      (2)  Inquire, directly or indirectly, into the results of    914          

genetic screening or testing conducted prior to the repeal of      915          

section 1751.64 of the Revised Code, or use such information, in   918          

whole or in part, to cancel, refuse to issue or renew, or limit    919          

benefits under, an individual or group policy, contract, or        920          

agreement.                                                                      

      (C)  Any health insuring corporation that has engaged in,    923          

is engaged in, or is about to engage in a violation of division    924          

(B) of this section is subject to the jurisdiction of the          926          

superintendent of insurance under section 3901.04 of the Revised   927          

Code.                                                                           

      Sec. 1751.67.  (A)  Each individual or group health          936          

insuring corporation policy, contract, or agreement delivered,     937          

issued for delivery, or renewed in this state that provides        938          

maternity benefits shall provide coverage of inpatient care and    939          

follow-up care for a mother and her newborn as follows:            940          

      (1)  The policy, contract, or agreement shall cover a        942          

minimum of forty-eight hours of inpatient care following a normal  944          

                                                          20     

                                                                 
vaginal delivery and a minimum of ninety-six hours of inpatient    945          

care following a cesarean delivery.  Services covered as           946          

inpatient care shall include medical, educational, and any other   947          

services that are consistent with the inpatient care recommended   948          

in the protocols and guidelines developed by national              949          

organizations that represent pediatric, obstetric, and nursing     950          

professionals.                                                                  

      (2)  The policy, contract, or agreement shall cover a        952          

physician-directed source of follow-up care.  Services covered as  954          

follow-up care shall include physical assessment of the mother     955          

and newborn, parent education, assistance and training in breast   956          

or bottle feeding, assessment of the home support system,                       

performance of any medically necessary and appropriate clinical    957          

tests, and any other services that are consistent with the         958          

follow-up care recommended in the protocols and guidelines         959          

developed by national organizations that represent pediatric,      960          

obstetric, and nursing professionals.  The coverage shall apply    961          

to services provided in a medical setting or through home health   962          

care visits.  The coverage shall apply to a home health care       963          

visit only if the provider who conducts the visit is               964          

knowledgeable and experienced in maternity and newborn care.       965          

      When a decision is made in accordance with division (B) of   968          

this section to discharge a mother or newborn prior to the                      

expiration of the applicable number of hours of inpatient care     969          

required to be covered, the coverage of follow-up care shall       970          

apply to all follow-up care that is provided within forty-eight    971          

SEVENTY-TWO hours after discharge.  When a mother or newborn       972          

receives at least the number of hours of inpatient care required   974          

to be covered, the coverage of follow-up care shall apply to       975          

follow-up care that is determined to be medically necessary by     976          

the provider responsible for discharging the mother or newborn.    977          

      (B)  Any decision to shorten the length of inpatient stay    979          

to less than that specified under division (A)(1) of this section  981          

shall be made by the physician attending the mother or newborn,    982          

                                                          21     

                                                                 
except that if a nurse-midwife is attending the mother in          983          

collaboration with a physician, the decision may be made by the    984          

nurse-midwife.  Decisions regarding early discharge shall be made  985          

only after conferring with the mother or a person responsible for  986          

the mother or newborn.  For purposes of this division, a person    987          

responsible for the mother or newborn may include a parent,        988          

guardian, or any other person with authority to make medical       989          

decisions for the mother or newborn.                                            

      (C)(1)  No health insuring corporation may do either of the  991          

following:                                                                      

      (a)  Terminate the participation of a provider or health     993          

care facility in an individual or group health care plan solely    994          

for making recommendations for inpatient or follow-up care for a   995          

particular mother or newborn that are consistent with the care     996          

required to be covered by this section;                            997          

      (b)  Establish or offer monetary or other financial          999          

incentives for the purpose of encouraging a person to decline the  1,001        

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

section.                                                           1,002        

      (2)  Whoever violates division (C)(1)(a) or (b) of this      1,004        

section has engaged in an unfair and deceptive act or practice in  1,005        

the business of insurance under sections 3901.19 to 3901.26 of     1,006        

the Revised Code.                                                               

      (D)  This section does not do any of the following:          1,008        

      (1)  Require a policy, contract, or agreement to cover       1,010        

inpatient or follow-up care that is not received in accordance     1,011        

with the policy's, contract's, or agreement's terms pertaining to  1,012        

the providers and facilities from which an individual is           1,013        

authorized to receive health care services;                        1,014        

      (2)  Require a mother or newborn to stay in a hospital or    1,016        

other inpatient setting for a fixed period of time following       1,017        

delivery;                                                                       

      (3)  Require a child to be delivered in a hospital or other  1,019        

inpatient setting;                                                              

                                                          22     

                                                                 
      (4)  Authorize a nurse-midwife to practice beyond the        1,021        

authority to practice nurse-midwifery in accordance with Chapter   1,022        

4723. of the Revised Code;                                         1,023        

      (5)  Establish minimum standards of medical diagnosis,       1,025        

care, or treatment for inpatient or follow-up care for a mother    1,026        

or newborn.  A deviation from the care required to be covered      1,027        

under this section shall not, solely on the basis of this          1,028        

section, give rise to a medical claim or to derivative claims for  1,029        

relief, as those terms are defined in section 2305.11 of the       1,030        

Revised Code.                                                                   

      Sec. 3901.044.  THE SUPERINTENDENT OF INSURANCE MAY ADOPT    1,033        

RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE THAT     1,036        

THE SUPERINTENDENT CONSIDERS NECESSARY AND ADVISABLE FOR THE       1,037        

PURPOSE OF IMPLEMENTING THE "HEALTH INSURANCE PORTABILITY AND      1,041        

ACCOUNTABILITY ACT OF 1996," PUB. L. NO. 104-191, 110 STAT. 1955,  1,046        

42 U.S.C.A. 300gg, AS AMENDED, AND ANY REGULATION ADOPTED          1,048        

THEREUNDER.                                                        1,049        

      Sec. 3901.21.  The following are hereby defined as unfair    1,058        

and deceptive acts or practices in the business of insurance:      1,059        

      (A)  Making, issuing, circulating, or causing or permitting  1,061        

to be made, issued, or circulated, or preparing with intent to so  1,062        

use, any estimate, illustration, circular, or statement            1,063        

misrepresenting the terms of any policy issued or to be issued or  1,064        

the benefits or advantages promised thereby or the dividends or    1,065        

share of the surplus to be received thereon, or making any false   1,066        

or misleading statements as to the dividends or share of surplus   1,067        

previously paid on similar policies, or making any misleading      1,068        

representation or any misrepresentation as to the financial        1,069        

condition of any insurer as shown by the last preceding verified   1,070        

statement made by it to the insurance department of this state,    1,071        

or as to the legal reserve system upon which any life insurer      1,072        

operates, or using any name or title of any policy or class of     1,073        

policies misrepresenting the true nature thereof, or making any    1,074        

misrepresentation or incomplete comparison to any person for the   1,075        

                                                          23     

                                                                 
purpose of inducing or tending to induce such person to purchase,  1,076        

amend, lapse, forfeit, change, or surrender insurance.             1,077        

      Any written statement concerning the premiums for a policy   1,079        

which refers to the net cost after credit for an assumed           1,080        

dividend, without an accurate written statement of the gross       1,081        

premiums, cash values, and dividends based on the insurer's        1,082        

current dividend scale, which are used to compute the net cost     1,083        

for such policy, and a prominent warning that the rate of          1,084        

dividend is not guaranteed, is a misrepresentation for the         1,085        

purposes of this division.                                         1,086        

      (B)  Making, publishing, disseminating, circulating, or      1,088        

placing before the public or causing, directly or indirectly, to   1,089        

be made, published, disseminated, circulated, or placed before     1,090        

the public, in a newspaper, magazine, or other publication, or in  1,091        

the form of a notice, circular, pamphlet, letter, or poster, or    1,092        

over any radio station, or in any other way, or preparing with     1,093        

intent to so use, an advertisement, announcement, or statement     1,094        

containing any assertion, representation, or statement, with       1,095        

respect to the business of insurance or with respect to any        1,096        

person in the conduct of his THE PERSON'S insurance business,      1,097        

which is untrue, deceptive, or misleading.                         1,098        

      (C)  Making, publishing, disseminating, or circulating,      1,100        

directly or indirectly, or aiding, abetting, or encouraging the    1,101        

making, publishing, disseminating, or circulating, or preparing    1,102        

with intent to so use, any statement, pamphlet, circular,          1,103        

article, or literature, which is false as to the financial         1,104        

condition of an insurer and which is calculated to injure any      1,105        

person engaged in the business of insurance.                       1,106        

      (D)  Filing with any supervisory or other public official,   1,108        

or making, publishing, disseminating, circulating, or delivering   1,109        

to any person, or placing before the public, or causing directly   1,110        

or indirectly to be made, published, disseminated, circulated,     1,111        

delivered to any person, or placed before the public, any false    1,112        

statement of financial condition of an insurer.                    1,113        

                                                          24     

                                                                 
      Making any false entry in any book, report, or statement of  1,115        

any insurer with intent to deceive any agent or examiner lawfully  1,116        

appointed to examine into its condition or into any of its         1,117        

affairs, or any public official to whom such insurer is required   1,118        

by law to report, or who has authority by law to examine into its  1,119        

condition or into any of its affairs, or, with like intent,        1,120        

willfully omitting to make a true entry of any material fact       1,121        

pertaining to the business of such insurer in any book, report,    1,122        

or statement of such insurer, or mutilating, destroying,           1,123        

suppressing, withholding, or concealing any of its records.        1,124        

      (E)  Issuing or delivering or permitting agents, officers,   1,126        

or employees to issue or deliver agency company stock or other     1,127        

capital stock or benefit certificates or shares in any common-law  1,128        

corporation or securities or any special or advisory board         1,129        

contracts or other contracts of any kind promising returns and     1,130        

profits as an inducement to insurance.                             1,131        

      (F)  Making or permitting any unfair discrimination among    1,133        

individuals of the same class and equal expectation of life in     1,134        

the rates charged for any contract of life insurance or of life    1,135        

annuity or in the dividends or other benefits payable thereon, or  1,136        

in any other of the terms and conditions of such contract.         1,137        

      (G)(1)  Except as otherwise expressly provided by law,       1,139        

knowingly permitting or offering to make or making any contract    1,140        

of life insurance, life annuity or accident and health insurance,  1,141        

or agreement as to such contract other than as plainly expressed   1,142        

in the contract issued thereon, or paying or allowing, or giving   1,143        

or offering to pay, allow, or give, directly or indirectly, as     1,144        

inducement to such insurance, or annuity, any rebate of premiums   1,145        

payable on the contract, or any special favor or advantage in the  1,146        

dividends or other benefits thereon, or any valuable               1,147        

consideration or inducement whatever not specified in the          1,148        

contract; or giving, or selling, or purchasing, or offering to     1,149        

give, sell, or purchase, as inducement to such insurance or        1,150        

annuity or in connection therewith, any stocks, bonds, or other    1,151        

                                                          25     

                                                                 
securities, or other obligations of any insurance company or       1,152        

other corporation, association, or partnership, or any dividends   1,153        

or profits accrued thereon, or anything of value whatsoever not    1,154        

specified in the contract.                                         1,155        

      (2)  Nothing in division (F) or division (G)(1) of this      1,157        

section shall be construed as prohibiting any of the following     1,158        

practices:  (a) in the case of any contract of life insurance or   1,159        

life annuity, paying bonuses to policyholders or otherwise         1,160        

abating their premiums in whole or in part out of surplus          1,161        

accumulated from nonparticipating insurance, provided that any     1,162        

such bonuses or abatement of premiums shall be fair and equitable  1,163        

to policyholders and for the best interests of the company and     1,164        

its policyholders;  (b) in the case of life insurance policies     1,165        

issued on the industrial debit plan, making allowance to           1,166        

policyholders who have continuously for a specified period made    1,167        

premium payments directly to an office of the insurer in an        1,168        

amount which fairly represents the saving in collection expenses;  1,169        

(c) readjustment of the rate of premium for a group insurance      1,170        

policy based on the loss or expense experience thereunder, at the  1,171        

end of the first or any subsequent policy year of insurance        1,172        

thereunder, which may be made retroactive only for such policy     1,173        

year.                                                              1,174        

      (H)  Making, issuing, circulating, or causing or permitting  1,176        

to be made, issued, or circulated, or preparing with intent to so  1,177        

use, any statement to the effect that a policy of life insurance   1,178        

is, is the equivalent of, or represents shares of capital stock    1,179        

or any rights or options to subscribe for or otherwise acquire     1,180        

any such shares in the life insurance company issuing that policy  1,181        

or any other company.                                              1,182        

      (I)  Making, issuing, circulating, or causing or permitting  1,184        

to be made, issued or circulated, or preparing with intent to so   1,185        

issue, any statement to the effect that payments to a              1,186        

policyholder of the principal amounts of a pure endowment are      1,187        

other than payments of a specific benefit for which specific       1,188        

                                                          26     

                                                                 
premiums have been paid.                                           1,189        

      (J)  Making, issuing, circulating, or causing or permitting  1,191        

to be made, issued, or circulated, or preparing with intent to so  1,192        

use, any statement to the effect that any insurance company was    1,193        

required to change a policy form or related material to comply     1,194        

with Title XXXIX of the Revised Code or any regulation of the      1,195        

superintendent of insurance, for the purpose of inducing or        1,196        

intending to induce any policyholder or prospective policyholder   1,197        

to purchase, amend, lapse, forfeit, change, or surrender           1,198        

insurance.                                                         1,199        

      (K)  Aiding or abetting another to violate this section.     1,201        

      (L)  Refusing to issue any policy of insurance, or           1,203        

canceling or declining to renew such policy because of the sex or  1,204        

marital status of the applicant, prospective insured, insured, or  1,205        

policyholder.                                                      1,206        

      (M)  Making or permitting any unfair discrimination between  1,208        

individuals of the same class and of essentially the same hazard   1,209        

in the amount of premium, policy fees, or rates charged for any    1,210        

policy or contract of insurance, other than life insurance, or in  1,211        

the benefits payable thereunder, or in underwriting standards and  1,212        

practices or eligibility requirements, or in any of the terms or   1,213        

conditions of such contract, or in any other manner whatever.      1,214        

      (N)  Refusing to make available disability income insurance  1,216        

solely because the applicant's principal occupation is that of     1,217        

managing a household.                                              1,218        

      (O)  Refusing, when offering maternity benefits under any    1,220        

individual or group sickness and accident insurance policy, to     1,221        

make maternity benefits available to the policyholder for the      1,222        

individual or individuals to be covered under any comparable       1,223        

policy to be issued for delivery in this state, including family   1,224        

members if the policy otherwise provides coverage for family       1,225        

members.  Nothing in this division shall be construed to prohibit  1,226        

an insurer from imposing a reasonable waiting period for such      1,227        

benefits UNDER AN INDIVIDUAL SICKNESS AND ACCIDENT INSURANCE       1,228        

                                                          27     

                                                                 
POLICY, but in no event shall such waiting period exceed two       1,229        

hundred seventy days.                                              1,230        

      (P)  Using, or permitting to be used, a pattern settlement   1,232        

as the basis of any offer of settlement.  As used in this          1,233        

division, "pattern settlement" means a method by which liability   1,234        

is routinely imputed to a claimant without an investigation of     1,235        

the particular occurrence upon which the claim is based and by     1,236        

using a predetermined formula for the assignment of liability      1,237        

arising out of occurrences of a similar nature.  Nothing in this   1,238        

division shall be construed to prohibit an insurer from            1,239        

determining a claimant's liability by applying formulas or         1,240        

guidelines to the facts and circumstances disclosed by the         1,241        

insurer's investigation of the particular occurrence upon which a  1,242        

claim is based.                                                    1,243        

      (Q)  Refusing to insure, or refusing to continue to insure,  1,245        

or limiting the amount, extent, or kind of life or sickness and    1,246        

accident insurance or annuity coverage available to an             1,247        

individual, or charging an individual a different rate for the     1,248        

same coverage solely because of blindness or partial blindness.    1,249        

With respect to all other conditions, including the underlying     1,250        

cause of blindness or partial blindness, persons who are blind or  1,251        

partially blind shall be subject to the same standards of sound    1,252        

actuarial principles or actual or reasonably anticipated           1,253        

actuarial experience as are sighted persons.  Refusal to insure    1,254        

includes, but is not limited to, denial by an insurer of           1,255        

disability insurance coverage on the grounds that the policy       1,256        

defines "disability" as being presumed in the event that the       1,257        

eyesight of the insured is lost.  However, an insurer may exclude  1,258        

from coverage disabilities consisting solely of blindness or       1,259        

partial blindness when such conditions existed at the time the     1,260        

policy was issued.  To the extent that the provisions of this      1,261        

division may appear to conflict with any provision of section      1,262        

3999.16 of the Revised Code, this division applies.                1,263        

      (R)(1)  Directly or indirectly offering to sell, selling,    1,265        

                                                          28     

                                                                 
or delivering, issuing for delivery, renewing, or using or         1,266        

otherwise marketing any policy of insurance or insurance product   1,267        

in connection with or in any way related to the grant of a         1,268        

student loan guaranteed in whole or in part by an agency or        1,269        

commission of this state or the United States, except insurance    1,270        

that is required under federal or state law as a condition for     1,271        

obtaining such a loan and the premium for which is included in     1,272        

the fees and charges applicable to the loan; or, in the case of    1,273        

an insurer or insurance agent, knowingly permitting any lender     1,274        

making such loans to engage in such acts or practices in           1,275        

connection with the insurer's or agent's insurance business.       1,276        

      (2)  Except in the case of a violation of division (G) of    1,278        

this section, division (R)(1) of this section does not apply to    1,279        

either of the following:                                           1,280        

      (a)  Acts or practices of an insurer, its agents,            1,282        

representatives, or employees in connection with the grant of a    1,283        

guaranteed student loan to its insured or the insured's spouse or  1,284        

dependent children where such acts or practices take place more    1,285        

than ninety days after the effective date of the insurance;        1,286        

      (b)  Acts or practices of an insurer, its agents,            1,288        

representatives, or employees in connection with the               1,289        

solicitation, processing, or issuance of an insurance policy or    1,290        

product covering the student loan borrower or his THE BORROWER'S   1,291        

spouse or dependent children, where such acts or practices take    1,292        

place more than one hundred eighty days after the date on which    1,293        

the borrower is notified that the student loan was approved.       1,294        

      (S)  Denying coverage, under any health insurance or health  1,296        

care policy, contract, or plan providing family coverage, to any   1,297        

natural or adopted child of the named insured or subscriber        1,298        

solely on the basis that the child does not reside in the          1,299        

household of the named insured or subscriber.                      1,300        

      (T)(1)  Using any underwriting standard or engaging in any   1,302        

other act or practice that, directly or indirectly, due solely to  1,303        

the actual or expected ANY health condition of STATUS-RELATED      1,305        

                                                          29     

                                                                 
FACTOR IN RELATION TO one or more individuals, does either of the  1,306        

following:                                                                      

      (a)  Terminates or fails to renew an existing individual     1,308        

policy, contract, or plan of health benefits, or a health benefit  1,309        

plan issued to a small AN employer as those terms are defined in   1,310        

section 3924.01 of the Revised Code, for which an individual       1,311        

would otherwise be eligible;                                                    

      (b)  With respect to a health benefit plan issued to a       1,313        

small AN employer, as those terms are defined in section 3924.01   1,314        

of the Revised Code, excludes or causes the exclusion of an        1,316        

individual from coverage under an existing employer-provided       1,317        

policy, contract, or plan of health benefits, except that an       1,318        

insurer may exclude, on the basis of health status, a late         1,319        

enrollee as defined in section 3924.01 of the Revised Code.        1,320        

      (2)  The superintendent of insurance may adopt rules in      1,322        

accordance with Chapter 119. of the Revised Code for purposes of   1,323        

implementing division (T)(1) of this section.                      1,324        

      (3)  FOR PURPOSES OF DIVISION (T)(1) OF THIS SECTION,        1,328        

"HEALTH STATUS-RELATED FACTOR" MEANS ANY OF THE FOLLOWING:         1,329        

      (a)  HEALTH STATUS;                                          1,331        

      (b)  MEDICAL CONDITION, INCLUDING BOTH PHYSICAL AND MENTAL   1,334        

ILLNESSES;                                                                      

      (c)  CLAIMS EXPERIENCE;                                      1,336        

      (d)  RECEIPT OF HEALTH CARE;                                 1,338        

      (e)  MEDICAL HISTORY;                                        1,340        

      (f)  GENETIC INFORMATION;                                    1,342        

      (g)  EVIDENCE OF INSURABILITY, INCLUDING CONDITIONS ARISING  1,345        

OUT OF ACTS OF DOMESTIC VIOLENCE;                                               

      (h)  DISABILITY.                                             1,347        

      (U)  With respect to a health benefit plan issued to a       1,349        

small employer, as those terms are defined in section 3924.01 of   1,350        

the Revised Code, negligently or willfully placing coverage for    1,351        

adverse risks with a certain carrier, as defined in section        1,352        

3924.01 of the Revised Code.                                                    

                                                          30     

                                                                 
      (V)  Using any program, scheme, device, or other unfair act  1,354        

or practice that, directly or indirectly, causes or results in     1,355        

the placing of coverage for adverse risks with another carrier,    1,356        

as defined in section 3924.01 of the Revised Code.                 1,357        

      (W)  Failing to comply with section 3923.23, 3923.231,       1,359        

3923.232, 3923.233, or 3923.234 of the Revised Code by engaging    1,360        

in any unfair, discriminatory reimbursement practice.              1,361        

      (X)  Intentionally establishing an unfair premium for, or    1,363        

misrepresenting the cost of, any insurance policy financed under   1,364        

a premium finance agreement of an insurance premium finance        1,365        

company.                                                           1,366        

      With respect to private passenger automobile insurance, no   1,368        

insurer shall charge different premium rates to persons residing   1,369        

within the limits of any municipal corporation based solely on     1,370        

the location of the residence of the insured within those limits.  1,371        

      The enumeration in sections 3901.19 to 3901.26 of the        1,373        

Revised Code of specific unfair or deceptive acts or practices in  1,374        

the business of insurance is not exclusive or restrictive or       1,375        

intended to limit the powers of the superintendent of insurance    1,376        

to adopt rules to implement this section, or to take action under  1,377        

other sections of the Revised Code.                                1,378        

      This section does not prohibit the sale of shares of any     1,380        

investment company registered under the "Investment Company Act    1,381        

of 1940," 54 Stat. 789, 15 U.S.C.A. 80a-1, as amended, or any      1,382        

policies, annuities, or other contracts described in section       1,383        

3907.15 of the Revised Code.                                       1,384        

      As used in this section, "estimate," "statement,"            1,386        

"representation," "misrepresentation," "advertisement," or         1,387        

"announcement" includes oral or written occurrences.               1,388        

      Sec. 3901.49.  (A)  As used in this section:                 1,399        

      (1)  "Genetic screening or testing" means a laboratory test  1,401        

of a person's genes or chromosomes for abnormalities, defects, or  1,402        

deficiencies, including carrier status, that are linked to         1,403        

physical or mental disorders or impairments, or that indicate a    1,404        

                                                          31     

                                                                 
susceptibility to illness, disease, or other disorders, whether    1,405        

physical or mental, which test is a direct test for                1,406        

abnormalities, defects, or deficiencies, and not an indirect       1,407        

manifestation of genetic disorders.                                1,408        

      (2)  "Insurer" means any person authorized under Title       1,410        

XXXIX of the Revised Code to engage in the business of sickness    1,411        

and accident insurance.                                            1,412        

      (3)  "Sickness and accident insurance" means sickness and    1,414        

accident insurance under Chapter 3923. of the Revised Code         1,415        

excluding disability income insurance and excluding supplemental   1,416        

policies of sickness and accident insurance.                       1,417        

      (B)  No insurer, in processing an application for an         1,419        

individual or group policy of sickness and accident insurance or   1,420        

in determining insurability under such a policy, shall do any of   1,421        

the following:                                                     1,422        

      (1)  Require an individual seeking coverage to submit to     1,424        

genetic screening or testing;                                      1,425        

      (2)  Take into consideration, other than in accordance with  1,427        

division (F) of this section, the results of genetic screening or  1,428        

testing;                                                           1,429        

      (3)  Make any inquiry to determine the results of genetic    1,431        

screening or testing;                                              1,432        

      (4)  Make a decision adverse to the applicant based on       1,434        

entries in medical records or other reports of genetic screening   1,435        

or testing.                                                        1,436        

      (C)  In developing and asking questions regarding medical    1,438        

histories of applicants for sickness and accident insurance, no    1,439        

insurer shall ask for the results of genetic screening or testing  1,440        

or ask questions designed to ascertain the results of genetic      1,441        

screening or testing.                                              1,442        

      (D)  No insurer shall cancel or refuse to issue or renew     1,444        

coverage under a sickness and accident insurance policy based on   1,445        

the results of genetic screening or testing.                       1,446        

      (E)  No insurer shall deliver, issue for delivery, or renew  1,448        

                                                          32     

                                                                 
an individual or group policy of sickness and accident insurance   1,449        

in this state that limits benefits based on the results of         1,450        

genetic screening or testing.                                      1,451        

      (F)  An insurer may consider the results of genetic          1,453        

screening or testing if the results are voluntarily submitted by   1,454        

an applicant for coverage or renewal of coverage and the results   1,455        

are favorable to the applicant.                                    1,456        

      (G)  A violation of this section is an unfair and deceptive  1,458        

act or practice in the business of insurance under sections        1,459        

3901.19 to 3901.26 of the Revised Code.                            1,460        

      Sec. 3901.491.  (A)  As used in this section:                1,469        

      (1)  "Genetic screening or testing" means a laboratory test  1,471        

of a person's genes or chromosomes for abnormalities, defects, or  1,472        

deficiencies, including carrier status, that are linked to         1,473        

physical or mental disorders or impairments, or that indicate a    1,474        

susceptibility to illness, disease, or other disorders, whether    1,475        

physical or mental, which test is a direct test for                1,476        

abnormalities, defects, or deficiencies, and not an indirect       1,477        

manifestation of genetic disorders.                                1,478        

      (2)  "Insurer" means any person authorized under Title       1,480        

XXXIX of the Revised Code to engage in the business of sickness    1,481        

and accident insurance.                                            1,482        

      (3)  "Sickness and accident insurance" means sickness and    1,484        

accident insurance under Chapter 3923. of the Revised Code         1,485        

excluding disability income insurance and excluding supplemental   1,486        

policies of sickness and accident insurance.                       1,487        

      (B)  Upon the repeal of section 3901.49 of the Revised Code  1,489        

by Sub. H.B. No. 71 of the 120th general assembly, no insurer      1,490        

shall do either of the following:                                  1,491        

      (1)  Consider, in a manner adverse to an applicant or        1,493        

insured, any information obtained from genetic screening or        1,494        

testing conducted prior to the repeal of section 3901.49 of the    1,495        

Revised Code in processing an application for an individual or     1,496        

group policy of sickness and accident insurance, or in             1,497        

                                                          33     

                                                                 
determining insurability under such a policy;                      1,498        

      (2)  Inquire, directly or indirectly, into the results of    1,500        

genetic screening or testing conducted prior to the repeal of      1,501        

section 3901.49 of the Revised Code, or use such information, in   1,502        

whole or in part, to cancel, refuse to issue or renew, or limit    1,503        

benefits under, a sickness and accident insurance policy.          1,504        

      (C)  Any insurer that has engaged in, is engaged in, or is   1,506        

about to engage in a violation of division (B) of this section is  1,507        

subject to the jurisdiction of the superintendent of insurance     1,508        

under section 3901.04 of the Revised Code.                         1,509        

      Sec. 3901.50.  (A)  As used in this section:                 1,520        

      (1)  "Genetic screening or testing" means a laboratory test  1,522        

of a person's genes or chromosomes for abnormalities, defects, or  1,523        

deficiencies, including carrier status, that are linked to         1,524        

physical or mental disorders or impairments, or that indicate a    1,525        

susceptibility to illness, disease, or other disorders, whether    1,526        

physical or mental, which test is a direct test for                1,527        

abnormalities, defects, or deficiencies, and not an indirect       1,528        

manifestation of genetic disorders.                                1,529        

      (2)  "Self-insurer" means any government entity providing    1,531        

coverage for health care services on a self-insurance basis.       1,532        

      (B)  No self-insurer, in processing an application for       1,534        

coverage under a plan of self-insurance or in determining          1,535        

insurability under such a plan, shall do any of the following:     1,536        

      (1)  Require an individual seeking coverage to submit to     1,538        

genetic screening or testing;                                      1,539        

      (2)  Take into consideration, other than in accordance with  1,541        

division (F) of this section, the results of genetic screening or  1,542        

testing;                                                           1,543        

      (3)  Make any inquiry to determine the results of genetic    1,545        

screening or testing;                                              1,546        

      (4)  Make a decision adverse to the applicant based on       1,548        

entries in medical records or other reports of genetic screening   1,549        

or testing.                                                        1,550        

                                                          34     

                                                                 
      (C)  In developing and asking questions regarding medical    1,552        

histories of applicants for coverage under a plan of               1,553        

self-insurance, no self-insurer shall ask for the results of       1,554        

genetic screening or testing or ask questions designed to          1,555        

ascertain the results of genetic screening or testing.             1,556        

      (D)  No self-insurer shall cancel or refuse to provide or    1,558        

renew coverage for health care services based on the results of    1,559        

genetic screening or testing.                                      1,560        

      (E)  No self-insurer shall establish or modify a plan of     1,562        

self-insurance in this state that limits benefits based on the     1,563        

results of genetic screening or testing.                           1,564        

      (F)  A self-insurer may consider the results of genetic      1,566        

screening or testing if the results are voluntarily submitted by   1,567        

an applicant for coverage or renewal of coverage and the results   1,568        

are favorable to the applicant.                                    1,569        

      (G)  A violation of this section is an unfair and deceptive  1,571        

act or practice in the business of insurance under sections        1,572        

3901.19 to 3901.26 of the Revised Code.                            1,573        

      Sec. 3901.501.  (A)  As used in this section:                1,582        

      (1)  "Genetic screening or testing" means a laboratory test  1,584        

of a person's genes or chromosomes for abnormalities, defects, or  1,585        

deficiencies, including carrier status, that are linked to         1,586        

physical or mental disorders or impairments, or that indicate a    1,587        

susceptibility to illness, disease, or other disorders, whether    1,588        

physical or mental, which test is a direct test for                1,589        

abnormalities, defects, or deficiencies, and not an indirect       1,590        

manifestation of genetic disorders.                                1,591        

      (2)  "Self-insurer" means any government entity providing    1,593        

coverage for health care services on a self-insurance basis.       1,594        

      (B)  Upon the repeal of section 3901.50 of the Revised Code  1,596        

by Sub. H.B. No. 71 of the 120th general assembly, no              1,597        

self-insurer shall do either of the following:                     1,598        

      (1)  Consider, in a manner adverse to an applicant or        1,600        

insured, any information obtained from genetic screening or        1,601        

                                                          35     

                                                                 
testing conducted prior to the repeal of section 3901.50 of the    1,602        

Revised Code in processing an application for coverage under a     1,603        

plan of self-insurance or in determining insurability under such   1,604        

a plan;                                                            1,605        

      (2)  Inquire, directly or indirectly, into the results of    1,607        

genetic screening or testing conducted prior to the repeal of      1,608        

section 3901.50 of the Revised Code, or use such information, in   1,609        

whole or in part, to cancel, refuse to provide or renew, or limit  1,610        

benefits under, a plan of self-insurance.                          1,611        

      (C)  Any self-insurer that has engaged in, is engaged in,    1,613        

or is about to engage in a violation of division (B) of this       1,614        

section is subject to the jurisdiction of the superintendent of    1,615        

insurance under section 3901.04 of the Revised Code.               1,616        

      Sec. 3923.021.  (A)  As used in this section, "benefits      1,625        

provided are not unreasonable in relation to the premium charged"  1,626        

means the rates were calculated in accordance with sound           1,627        

actuarial principles.                                              1,628        

      (B)  With respect to any filing, made pursuant to section    1,630        

3923.02 of the Revised Code, of any premium rates for any          1,631        

individual policy of sickness and accident insurance or for any    1,632        

indorsement or rider pertaining thereto, the superintendent of     1,633        

insurance may, within thirty days after filing:                    1,634        

      (1)  Disapprove such filing if he finds AFTER FINDING that   1,636        

the benefits provided are unreasonable in relation to the premium  1,638        

charged. Such disapproval shall be effected by written order of    1,639        

the superintendent, a copy of which shall be mailed to the         1,640        

insurer that has made the filing.  In the order, the               1,641        

superintendent shall specify the reasons for his THE disapproval   1,642        

and state that a hearing will be held within fifteen days after    1,644        

requested in writing by the insurer.  If a hearing is so           1,645        

requested, the superintendent shall also give such public notice   1,646        

as he THE SUPERINTENDENT considers appropriate. The                1,648        

superintendent, within fifteen days after the commencement of any  1,649        

hearing, shall issue a written order, a copy of which shall be     1,650        

                                                          36     

                                                                 
mailed to the insurer that has made the filing, either affirming   1,651        

his THE prior disapproval or approving such filing if he finds     1,653        

AFTER FINDING that the benefits provided are not unreasonable in   1,654        

relation to the premium charged.                                   1,655        

      (2)  Set a date for a public hearing to commence no later    1,657        

than forty days after the filing.  The superintendent shall give   1,658        

the insurer making the filing twenty days' written notice of the   1,659        

hearing and shall give such public notice as he THE                1,660        

SUPERINTENDENT considers appropriate.  The superintendent, within  1,662        

twenty days after the commencement of a hearing, shall issue a     1,663        

written order, a copy of which shall be mailed to the insurer      1,664        

that has made the filing, either approving such filing if he THE   1,665        

SUPERINTENDENT finds that the benefits provided are not            1,667        

unreasonable in relation to the premium charged, or disapproving   1,668        

such filing if he THE SUPERINTENDENT finds that the benefits       1,669        

provided are unreasonable in relation to the premium charged.      1,670        

This division does not apply to any insurer organized or           1,671        

transacting the business of insurance under Chapter 3907. or       1,672        

3909. of the Revised Code.                                         1,673        

      (3)  Take no action, in which case such filing shall be      1,675        

deemed to be approved and shall become effective upon the          1,676        

thirty-first day after such filing, unless the superintendent has  1,677        

previously given to the insurer his A written approval.            1,678        

      (C)  At any time after any filing has been approved          1,680        

pursuant to this section, the superintendent may, after a hearing  1,681        

of which at least twenty days' written notice has been given to    1,682        

the insurer that has made such filing and for which such public    1,683        

notice as he THE SUPERINTENDENT considers appropriate has been     1,684        

given, withdraw approval of such filing if he finds AFTER FINDING  1,686        

that the benefits provided are unreasonable in relation to the     1,688        

premium charged.  Such withdrawal of approval shall be effected    1,689        

by written order of the superintendent, a copy of which shall be   1,690        

mailed to the insurer that has made the filing, which shall state  1,691        

the ground for such withdrawal and the date, not less than forty   1,692        

                                                          37     

                                                                 
days after the date of such order, when the withdrawal or          1,693        

approval shall become effective.                                   1,694        

      (D)  The superintendent may retain at the insurer's expense  1,696        

such attorneys, actuaries, accountants, and other experts not      1,697        

otherwise a part of the superintendent's staff as shall be         1,698        

reasonably necessary to assist in the preparation for and conduct  1,699        

of any public hearing under this section.  The expense for         1,700        

retaining such experts and the expenses of the department of       1,701        

insurance incurred in connection with such public hearing shall    1,702        

be assessed against the insurer in an amount not to exceed one     1,703        

one-hundredth of one per cent of the sum of premiums earned plus   1,704        

net realized investment gain or loss of such insurer as reflected  1,705        

in the most current annual statement on file with the              1,706        

superintendent.  Any person retained shall be under the direction  1,707        

and control of the superintendent and shall act in a purely        1,708        

advisory capacity.                                                 1,709        

      (E)  This section does not apply to any filing of any        1,711        

premium rate or rating formula for individual sickness and         1,712        

accident insurance policies offered in accordance with division    1,713        

(M)(L) of section 3923.58 of the Revised Code, or for any          1,714        

amendment thereto.                                                 1,715        

      Sec. 3923.122.  (A)  Every policy of group sickness and      1,725        

accident insurance providing hospital, surgical, or medical        1,726        

expense coverage for other than specific diseases or accidents     1,727        

only, and delivered, issued for delivery, or renewed in this       1,728        

state on or after January 1, 1976, shall include a provision       1,729        

giving each insured the option to convert to THE FOLLOWING:        1,730        

      (1)  IN THE CASE OF AN INDIVIDUAL WHO IS NOT A FEDERALLY     1,733        

ELIGIBLE INDIVIDUAL, any of the individual policies of hospital,   1,734        

surgical, or medical expense insurance then being issued by the    1,735        

insurer with benefit limits not to exceed those in effect under    1,736        

the group policy;                                                               

      (2)  IN THE CASE OF A FEDERALLY ELIGIBLE INDIVIDUAL, A       1,738        

BASIC OR STANDARD PLAN ESTABLISHED BY THE BOARD OF DIRECTORS OF    1,739        

                                                          38     

                                                                 
THE OHIO HEALTH REINSURANCE PROGRAM OR PLANS SUBSTANTIALLY         1,740        

SIMILAR TO THE BASIC AND STANDARD PLAN IN BENEFIT DESIGN AND       1,741        

SCOPE OF COVERED SERVICES.  FOR PURPOSES OF DIVISION (A)(2) OF     1,742        

THIS SECTION, THE SUPERINTENDENT OF INSURANCE SHALL DETERMINE      1,743        

WHETHER A PLAN IS SUBSTANTIALLY SIMILAR TO THE BASIC OR STANDARD   1,744        

PLAN IN BENEFIT DESIGN AND SCOPE OF COVERED SERVICES.              1,745        

      (B)  An option for conversion to an individual policy shall  1,747        

be available without evidence of insurability to every insured,    1,748        

including any person eligible under division (D) of this section,  1,749        

who terminates his employment or membership in the group holding   1,750        

the policy after having been continuously insured thereunder for   1,751        

at least one year.                                                 1,752        

      Upon receipt of the insured's written application and upon   1,754        

payment of at least the first quarterly premium not later than     1,755        

thirty-one days after the termination of coverage under the group  1,756        

policy, the insurer shall issue a converted policy on a form then  1,757        

available for conversion.  The premium shall be in accordance      1,758        

with the insurer's table of premium rates in effect on the later   1,759        

of the following dates:                                            1,760        

      (1)  The effective date of the converted policy;             1,762        

      (2)  The date of application therefor; and shall be          1,764        

applicable to the class of risk to which each person covered       1,766        

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

PERSON'S then attained age.  HOWEVER, PREMIUMS CHARGED FEDERALLY   1,768        

ELIGIBLE INDIVIDUALS MAY NOT EXCEED AN AMOUNT THAT IS TWO TIMES    1,770        

THE MIDPOINT OF THE STANDARD RATE CHARGED ANY OTHER INDIVIDUAL OF  1,771        

A GROUP TO WHICH THE INSURER IS CURRENTLY ACCEPTING NEW BUSINESS   1,772        

AND FOR WHICH SIMILAR COPAYMENTS AND DEDUCTIBLES ARE APPLIED.      1,773        

      At the election of the insurer, a separate converted policy  1,775        

may be issued to cover any dependent of an employee or member of   1,776        

the group.                                                         1,777        

      Except as provided in division (H) of this section, any      1,779        

converted policy shall become effective as of the day following    1,780        

the date of termination of insurance under the group policy.       1,781        

                                                          39     

                                                                 
      Any probationary or waiting period set forth in the          1,783        

converted policy is deemed to commence on the effective date of    1,784        

the insured's coverage under the group policy.                     1,785        

      (C)  No insurer shall be required to issue a converted       1,787        

policy to any person who is, or is eligible to be, covered for     1,788        

benefits at least comparable to the group policy under:            1,789        

      (1)  Title XVIII of the Social Security Act, as amended or   1,791        

superseded;                                                        1,792        

      (2)  Any act of congress or law under this or any other      1,794        

state of the United States that duplicates coverage offered under  1,795        

division (C)(1) of this section;                                   1,796        

      (3)  Any policy that duplicates coverage offered under       1,798        

division (C)(1) of this section;                                   1,799        

      (4)  Any other group sickness and accident insurance         1,801        

providing hospital, surgical, or medical expense coverage for      1,802        

other than specific diseases or accidents only.                    1,803        

      (D)  The option for conversion shall be available:           1,805        

      (1)  Upon the death of the employee or member, to the        1,807        

surviving spouse with respect to such of the spouse and            1,808        

dependents as are then covered by the group policy;                1,809        

      (2)  To a child solely with respect to himself THE CHILD     1,811        

upon his attaining the limiting age of coverage under the group    1,813        

policy while covered as a dependent thereunder;                    1,814        

      (3)  Upon the divorce, dissolution, or annulment of the      1,816        

marriage of the employee or member, to the divorced spouse, or     1,817        

former spouse in the event of annulment, of such employee or       1,818        

member, or upon the legal separation of the spouse from such       1,819        

employee or member, to the spouse.                                 1,820        

      Persons possessing the option for conversion pursuant to     1,822        

this division shall be considered members for the purposes of      1,823        

division (H) of this section.                                      1,824        

      (E)  If coverage is continued under a group policy on an     1,826        

employee following his retirement prior to the time he THE         1,827        

EMPLOYEE is, or is eligible to be, covered by Title XVIII of the   1,829        

                                                          40     

                                                                 
Social Security Act, he THE EMPLOYEE may elect, in lieu of the     1,830        

continuance of group insurance, to have the same conversion        1,832        

rights as would apply had his THE EMPLOYEE'S insurance terminated  1,834        

at retirement by reason of termination of employment.              1,835        

      (F)  If the insurer and the group policyholder agree upon    1,837        

one or more additional plans of benefits to be available for       1,838        

converted policies, the applicant for the converted policy may     1,839        

elect such a plan in lieu of a converted policy.                   1,840        

      (G)  The converted policy may contain provisions for         1,842        

avoiding duplication of benefits provided pursuant to divisions    1,843        

(C)(1), (2), (3), and (4) of this section or provided under any    1,844        

other insured or noninsured plan or program.                       1,845        

      (H)  If an employee or member becomes entitled to obtain a   1,847        

converted policy pursuant to this section, and if the employee or  1,848        

member has not received notice of the conversion privilege at      1,849        

least fifteen days prior to the expiration of the thirty-one-day   1,850        

conversion period provided in division (B) of this section, then   1,851        

the employee or member has an additional period within which to    1,852        

exercise the privilege.  This additional period shall expire       1,853        

fifteen days after the employee or member receives notice, but in  1,854        

no event shall the period extend beyond sixty days after the       1,855        

expiration of the thirty-one-day conversion period.                1,856        

      Written notice presented to the employee or member, or       1,858        

mailed by the policyholder to the last known address of the        1,859        

employee or member as indicated on its records, constitutes        1,860        

notice for the purpose of this division.  In the case of a person  1,861        

who is eligible for a converted policy under division (D) (2) or   1,862        

(D)(3) of this section, a policyholder shall not be responsible    1,863        

for presenting or mailing such notice, unless such policyholder    1,864        

has actual knowledge of the person's eligibility for a converted   1,865        

policy.                                                            1,866        

      If an additional period is allowed by an employee or member  1,868        

for the exercise of a conversion privilege, and if written         1,869        

application for the converted policy, accompanied by at least the  1,870        

                                                          41     

                                                                 
first quarterly premium, is made after the expiration of the       1,871        

thirty-one-day conversion period, but within the additional        1,872        

period allowed an employee or member in accordance with this       1,873        

division, the effective date of the converted policy shall be the  1,874        

date of application.                                               1,875        

      (I)  The converted policy may provide:                       1,877        

      (1)  That any hospital, surgical, or medical expense         1,879        

benefits otherwise payable with respect to any person may be       1,880        

reduced by the amount of any such benefits payable under the       1,881        

group policy for the same loss after termination of coverage;      1,882        

      (2)  For termination of coverage on any person who is, or    1,884        

is eligible to be, covered pursuant to division (C) of this        1,885        

section;                                                           1,886        

      (3)  That the insurer may request information in advance of  1,888        

any premium due date of the policy as to whether the insured is,   1,889        

or is eligible to be, covered pursuant to division (C) of this     1,890        

section.  If the insured is, or is eligible to be, covered, and    1,891        

he THE INSURED fails to furnish the details of his THE INSURED'S   1,893        

coverage or eligibility to the insurer within thirty-one days      1,894        

after the date of the request, the benefits payable under the      1,895        

converted policy may be based on the hospital, surgical, or        1,896        

medical expenses actually incurred after excluding expenses to     1,897        

the extent of the amount of benefits for which the insured is, or  1,898        

is eligible to be, covered pursuant to division (C) of this        1,899        

section.                                                                        

      (J)  The converted policy may contain:                       1,901        

      (1)  Any exclusion, reduction, or limitation contained in    1,903        

the group policy or customarily used in individual policies        1,904        

issued by the insurer;                                             1,905        

      (2)  Any provision permitted in this section;                1,907        

      (3)  Any other provision not prohibited by law.              1,909        

      Any provision required or permitted in this section may be   1,911        

made a part of any converted policy by means of an endorsement or  1,912        

rider.                                                             1,913        

                                                          42     

                                                                 
      (K)  The time limit specified in a converted policy for      1,915        

certain defenses with respect to any person who was covered by a   1,916        

group policy shall commence on the effective date of such          1,917        

person's coverage under the group policy.                          1,918        

      (L)  No insurer shall use deterioration of health as the     1,920        

basis for refusing to renew a converted policy.                    1,921        

      (M)  No insurer shall use age as the basis for refusing to   1,923        

renew a converted policy.                                          1,924        

      (N)  A converted policy made available pursuant to this      1,926        

section shall, if delivery of the policy is to be made in this     1,927        

state, comply with this section.  If delivery of a converted       1,928        

policy is to be made in another state, it may be on a form         1,929        

offered by the insurer in the jurisdiction where the delivery is   1,930        

to be made and which provides benefits substantially in            1,931        

compliance with those required in a policy delivered in this       1,932        

state.                                                             1,933        

      (O)  AS USED IN THIS SECTION, "FEDERALLY ELIGIBLE            1,936        

INDIVIDUAL" MEANS AN ELIGIBLE INDIVIDUAL AS DEFINED IN 45 C.F.R.   1,938        

148.103.                                                           1,939        

      Sec. 3923.26.  Every certificate furnished by an insurer in  1,948        

connection with, or pursuant to any provision of, any group        1,949        

POLICY OR CERTIFICATE OF sickness and accident insurance policy    1,950        

DELIVERED, ISSUED FOR DELIVERY, OR RENEWED IN THIS STATE           1,951        

providing coverage on an expense-incurred basis, and every         1,953        

individual POLICY OF sickness and accident insurance policy        1,955        

DELIVERED, ISSUED FOR DELIVERY, OR RENEWED IN THIS STATE which     1,956        

provides coverage on an  expense-incurred basis, either of which   1,957        

provides MAKES coverage AVAILABLE for family members of the        1,960        

insured, shall, as to such family members' coverage, also provide  1,961        

that any sickness and accident insurance benefits applicable for   1,962        

children shall be payable with respect to a newly born child of    1,963        

the insured from the moment of birth.                                           

      The coverage for newly born children shall consist of        1,965        

coverage of injury or sickness, including the necessary care and   1,966        

                                                          43     

                                                                 
treatment of medically diagnosed congenital defects and birth      1,967        

abnormalities.                                                     1,968        

      If payment of a specific premium is required to provide      1,970        

coverage for an additional child, the certificate or policy may    1,971        

require that notification of birth of a newly born child and       1,972        

payment of the required premium must be furnished to the insurer   1,973        

within thirty-one days after the date of birth in order to have    1,974        

the coverage continue beyond such period.                          1,975        

      The requirements of this section apply to all such           1,977        

individual or group sickness and accident insurance policies       1,978        

delivered or issued for delivery in this state on or after         1,979        

January 1, 1975, and all such individual or group sickness and     1,980        

accident insurance policies renewed in this state on or after      1,981        

January 1, 1978.                                                   1,982        

      Sec. 3923.40.  No individual or group policy of sickness     1,991        

and accident insurance providing THAT MAKES family coverage        1,992        

AVAILABLE may be delivered, issued for delivery, or renewed in     1,994        

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

adopted children of the insured on the same basis as other         1,995        

dependents.                                                                     

      The coverage required by this section is subject to the      1,997        

requirements and restrictions set forth in section 3924.51 of the  1,998        

Revised Code.                                                      1,999        

      Sec. 3923.57.  Notwithstanding any provision of this         2,008        

chapter, every individual policy of sickness and accident          2,009        

insurance that is delivered, issued for delivery, or renewed in    2,010        

this state is subject to the following conditions, as applicable:  2,011        

      (A)  Pre-existing conditions provisions shall not exclude    2,013        

or limit coverage for a period beyond twelve months following the  2,014        

policyholder's effective date of coverage and may only relate to   2,015        

conditions during the six months immediately preceding the         2,016        

effective date of coverage.                                        2,017        

      (B)  In determining whether a pre-existing conditions        2,019        

provision applies to a policyholder or dependent, each policy      2,020        

                                                          44     

                                                                 
shall credit the time the policyholder or dependent was covered    2,021        

under a previous  policy, contract, or plan if the previous        2,023        

coverage was continuous to a date not more than thirty days prior  2,025        

to the effective date of the new coverage, exclusive of any        2,026        

applicable service waiting period under the policy.                2,027        

      (C)  Any such policy shall be renewable with respect to the  2,029        

policyholder, or dependents of the policyholder, at the option of  2,030        

the policyholder, except for any of the following reasons:         2,031        

      (1)  Nonpayment of the required premiums by the              2,033        

policyholder;                                                      2,034        

      (2)  Fraud or misrepresentation of the policyholder;         2,036        

      (3)  When the insurer ceases to do the business of           2,038        

individual sickness and accident insurance in this state,          2,039        

provided that all of the following conditions are met:             2,040        

      (a)  Notice of the decision to cease doing the business of   2,042        

individual sickness and accident insurance is provided to the      2,043        

department of insurance and the policyholder.                      2,044        

      (b)  An individual policy shall not be canceled by the       2,046        

insurer for ninety days after the date of the notice required      2,048        

under division (C)(3)(a) of this section unless the business has   2,049        

been sold to another insurer.                                      2,050        

      (c)  An insurer that ceases to do the business of            2,052        

individual sickness and accident insurance in this state shall     2,053        

not resume such business in this state for a period of five years  2,054        

from the date of the notice required under division (C)(3)(a) of   2,055        

this section (1)  EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C) OF  2,057        

THIS SECTION, AN INSURER THAT PROVIDES AN INDIVIDUAL SICKNESS AND  2,058        

ACCIDENT INSURANCE POLICY TO AN INDIVIDUAL SHALL RENEW OR          2,059        

CONTINUE IN FORCE SUCH COVERAGE AT THE OPTION OF THE INDIVIDUAL.   2,060        

      (2)  AN INSURER MAY NONRENEW OR DISCONTINUE COVERAGE OF AN   2,063        

INDIVIDUAL IN THE INDIVIDUAL MARKET BASED ONLY ON ONE OR MORE OF   2,064        

THE FOLLOWING REASONS:                                                          

      (a)  THE INDIVIDUAL FAILED TO PAY PREMIUMS OR CONTRIBUTIONS  2,067        

IN ACCORDANCE WITH THE TERMS OF THE POLICY OR THE INSURER HAS NOT  2,068        

                                                          45     

                                                                 
RECEIVED TIMELY PREMIUM PAYMENTS.                                               

      (b)  THE INDIVIDUAL PERFORMED AN ACT OR PRACTICE THAT        2,071        

CONSTITUTES FRAUD OR MADE AN INTENTIONAL MISREPRESENTATION OF      2,072        

MATERIAL FACT UNDER THE TERMS OF THE POLICY.                                    

      (c)  THE INSURER IS CEASING TO OFFER COVERAGE IN THE         2,075        

INDIVIDUAL MARKET IN ACCORDANCE WITH DIVISION (D) OF THIS SECTION  2,076        

AND THE APPLICABLE LAWS OF THIS STATE.                             2,077        

      (d)  IF THE INSURER OFFERS COVERAGE IN THE MARKET THROUGH A  2,080        

NETWORK PLAN, THE INDIVIDUAL NO LONGER RESIDES, LIVES, OR WORKS    2,081        

IN THE SERVICE AREA, OR IN AN AREA FOR WHICH THE INSURER IS        2,082        

AUTHORIZED TO DO BUSINESS; PROVIDED, HOWEVER, THAT SUCH COVERAGE   2,083        

IS TERMINATED UNIFORMLY WITHOUT REGARD TO ANY HEALTH               2,084        

STATUS-RELATED FACTOR OF COVERED INDIVIDUALS.                                   

      (e)  IF THE COVERAGE IS MADE AVAILABLE IN THE INDIVIDUAL     2,087        

MARKET ONLY THROUGH ONE OR MORE BONA FIDE ASSOCIATIONS, THE        2,088        

MEMBERSHIP OF THE INDIVIDUAL IN THE ASSOCIATION, ON THE BASIS OF   2,089        

WHICH THE COVERAGE IS PROVIDED, CEASES; PROVIDED, HOWEVER, THAT    2,090        

SUCH COVERAGE IS TERMINATED UNDER DIVISION (C)(2)(e) OF THIS       2,093        

SECTION UNIFORMLY WITHOUT REGARD TO ANY HEALTH STATUS-RELATED      2,094        

FACTOR OF COVERED INDIVIDUALS.                                                  

      (3)  AN INSURER MAY CANCEL OR DECIDE NOT TO RENEW THE        2,096        

COVERAGE OF A DEPENDENT OF AN INDIVIDUAL IF THE DEPENDENT HAS      2,097        

PERFORMED AN ACT OR PRACTICE THAT CONSTITUTES FRAUD OR MADE AN     2,098        

INTENTIONAL MISREPRESENTATION OF MATERIAL FACT UNDER THE TERMS OF  2,099        

THE COVERAGE AND IF THE CANCELLATION OR NONRENEWAL IS NOT BASED,   2,100        

EITHER DIRECTLY OR INDIRECTLY, ON ANY HEALTH STATUS-RELATED        2,101        

FACTOR IN RELATION TO THE DEPENDENT.                                            

      (D)(1)  IF AN INSURER DECIDES TO DISCONTINUE OFFERING A      2,104        

PARTICULAR TYPE OF HEALTH INSURANCE COVERAGE OFFERED IN THE        2,105        

INDIVIDUAL MARKET, COVERAGE OF SUCH TYPE MAY BE DISCONTINUED BY    2,106        

THE INSURER IF THE INSURER DOES ALL OF THE FOLLOWING:              2,107        

      (a)  PROVIDES NOTICE TO EACH INDIVIDUAL PROVIDED COVERAGE    2,110        

OF THIS TYPE IN SUCH MARKET OF THE DISCONTINUATION AT LEAST        2,111        

NINETY DAYS PRIOR TO THE DATE OF THE DISCONTINUATION OF THE        2,112        

                                                          46     

                                                                 
COVERAGE;                                                                       

      (b)  OFFERS TO EACH INDIVIDUAL PROVIDED COVERAGE OF THIS     2,115        

TYPE IN SUCH MARKET, THE OPTION TO PURCHASE ANY OTHER INDIVIDUAL   2,116        

HEALTH INSURANCE COVERAGE CURRENTLY BEING OFFERED BY THE INSURER   2,117        

FOR INDIVIDUALS IN THAT MARKET;                                                 

      (c)  IN EXERCISING THE OPTION TO DISCONTINUE COVERAGE OF     2,120        

THIS TYPE AND IN OFFERING THE OPTION OF COVERAGE UNDER DIVISION    2,122        

(D)(1)(b) OF THIS SECTION, ACTS UNIFORMLY WITHOUT REGARD TO ANY    2,123        

HEALTH STATUS-RELATED FACTOR OF COVERED INDIVIDUALS OR OF          2,124        

INDIVIDUALS WHO MAY BECOME ELIGIBLE FOR SUCH COVERAGE.             2,125        

      (2)  IF AN INSURER ELECTS TO DISCONTINUE OFFERING ALL        2,127        

HEALTH INSURANCE COVERAGE IN THE INDIVIDUAL MARKET IN THIS STATE,  2,129        

HEALTH INSURANCE COVERAGE MAY BE DISCONTINUED BY THE INSURER ONLY  2,130        

IF BOTH OF THE FOLLOWING APPLY:                                                 

      (a)  THE INSURER PROVIDES NOTICE TO THE DEPARTMENT OF        2,133        

INSURANCE AND TO EACH INDIVIDUAL OF THE DISCONTINUATION AT LEAST   2,134        

ONE HUNDRED EIGHTY DAYS PRIOR TO THE DATE OF THE EXPIRATION OF     2,135        

THE COVERAGE.                                                                   

      (b)  ALL HEALTH INSURANCE DELIVERED OR ISSUED FOR DELIVERY   2,138        

IN THIS STATE IN SUCH MARKET IS DISCONTINUED AND COVERAGE UNDER    2,139        

THAT HEALTH INSURANCE IN THAT MARKET IS NOT RENEWED.               2,140        

      (3)  IN THE EVENT OF A DISCONTINUATION UNDER DIVISION        2,143        

(D)(2) OF THIS SECTION IN THE INDIVIDUAL MARKET, THE INSURER       2,144        

SHALL NOT PROVIDE FOR THE ISSUANCE OF ANY HEALTH INSURANCE         2,145        

COVERAGE IN THE MARKET AND THIS STATE DURING THE FIVE-YEAR PERIOD  2,146        

BEGINNING ON THE DATE OF THE DISCONTINUATION OF THE LAST HEALTH    2,147        

INSURANCE COVERAGE NOT SO RENEWED.                                 2,148        

      (E)  Notwithstanding division DIVISIONS (C) AND (D) of this  2,151        

section, both of the following apply:                                           

      (1)  The benefit structure of any such policy may be         2,154        

changed by the insurer to make it consistent with the benefit                   

structure contained in individual policies being marketed to new   2,155        

individual insureds.                                               2,156        

      (2)  Any such policy may be rescinded for fraud, material    2,158        

                                                          47     

                                                                 
misrepresentation, or concealment by an applicant, policyholder,   2,159        

or dependent AN INSURER MAY, AT THE TIME OF COVERAGE RENEWAL,      2,161        

MODIFY THE HEALTH INSURANCE COVERAGE FOR A POLICY FORM OFFERED TO  2,162        

INDIVIDUALS IN THE INDIVIDUAL MARKET IF THE MODIFICATION IS        2,163        

CONSISTENT WITH THE LAW OF THIS STATE AND EFFECTIVE ON A UNIFORM   2,164        

BASIS AMONG ALL INDIVIDUALS WITH THAT POLICY FORM.                 2,165        

      (F)  SUCH POLICIES ARE SUBJECT TO SECTIONS 2743 AND 2747 OF  2,168        

THE "HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF        2,172        

1996," PUB. L. NO. 104-191, 110 STAT. 1955, 42 U.S.C.A. 300gg-43   2,178        

AND 300gg-47, AS AMENDED.                                          2,179        

      (G)  SECTIONS 3924.031 AND 3924.032 OF THE REVISED CODE      2,183        

SHALL APPLY TO SICKNESS AND ACCIDENT INSURANCE POLICIES OFFERED    2,184        

IN THE INDIVIDUAL MARKET IN THE SAME MANNER AS THEY APPLY TO       2,185        

HEALTH BENEFIT PLANS OFFERED IN THE SMALL EMPLOYER MARKET.         2,186        

      IN ACCORDANCE WITH 45 C.F.R. 148.102, DIVISIONS (C) TO (G)   2,191        

OF THIS SECTION ALSO APPLY TO ALL GROUP SICKNESS AND ACCIDENT      2,192        

INSURANCE POLICIES THAT ARE NOT SOLD IN CONNECTION WITH AN         2,193        

EMPLOYMENT-RELATED GROUP HEALTH PLAN AND THAT PROVIDE MORE THAN    2,194        

SHORT-TERM, LIMITED DURATION COVERAGE.                             2,195        

      IN APPLYING DIVISIONS (C) TO (G) OF THIS SECTION WITH        2,199        

RESPECT TO HEALTH INSURANCE COVERAGE THAT IS MADE AVAILABLE BY AN  2,201        

INSURER IN THE INDIVIDUAL MARKET TO INDIVIDUALS ONLY THROUGH ONE   2,202        

OR MORE ASSOCIATIONS, THE TERM "INDIVIDUAL" INCLUDES THE                        

ASSOCIATION OF WHICH THE INDIVIDUAL IS A MEMBER.                   2,203        

      FOR PURPOSES OF THIS SECTION, ANY POLICY ISSUED PURSUANT TO  2,205        

DIVISION (C) OF SECTION 3923.13 OF THE REVISED CODE IN CONNECTION  2,208        

WITH A PUBLIC OR PRIVATE COLLEGE OR UNIVERSITY STUDENT HEALTH                   

INSURANCE PROGRAM IS CONSIDERED TO BE ISSUED TO A BONA FIDE        2,209        

ASSOCIATION AND IS NOT SUBJECT TO DIVISIONS (C) TO (G) OF THIS     2,211        

SECTION.                                                                        

      AS USED IN THIS SECTION, "BONA FIDE ASSOCIATION" HAS THE     2,214        

SAME MEANING AS IN SECTION 3924.03 OF THE REVISED CODE, AND        2,216        

"HEALTH STATUS-RELATED FACTOR" AND "NETWORK PLAN" HAVE THE SAME    2,217        

MEANINGS AS IN SECTION 3924.031 OF THE REVISED CODE.               2,219        

                                                          48     

                                                                 
      This section does not apply to any policy that provides      2,221        

coverage for specific diseases or accidents only, or to any        2,222        

hospital indemnity, medicare supplement, long-term care,           2,223        

disability income, one-time-limited-duration policy of no longer   2,224        

than six months, or other policy that offers only supplemental     2,225        

benefits.                                                          2,226        

      Sec. 3923.571.  EXCEPT AS OTHERWISE PROVIDED IN SECTION      2,228        

2721 OF THE "HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT   2,233        

OF 1996," PUB. L. NO. 104-191, 110 STAT. 1955, 42 U.S.C.A.         2,239        

300gg-21, AS AMENDED, THE FOLLOWING CONDITIONS APPLY TO ALL GROUP  2,240        

POLICIES OF SICKNESS AND ACCIDENT INSURANCE THAT ARE SOLD IN                    

CONNECTION WITH AN EMPLOYMENT-RELATED GROUP HEALTH PLAN AND THAT   2,241        

ARE NOT SUBJECT TO SECTION 3924.03 OF THE REVISED CODE:            2,242        

      (A)  ANY SUCH POLICY SHALL COMPLY WITH THE REQUIREMENTS OF   2,244        

DIVISION (A) OF SECTION 3924.03 AND SECTION 3924.033 OF THE        2,246        

REVISED CODE.                                                                   

      (B)(1)  EXCEPT AS PROVIDED IN SECTION 2712(b) TO (e) OF THE  2,250        

"HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996," IF  2,254        

AN INSURER OFFERS COVERAGE IN THE SMALL OR LARGE GROUP MARKET IN   2,255        

CONNECTION WITH A GROUP POLICY, THE INSURER SHALL RENEW OR         2,256        

CONTINUE IN FORCE SUCH COVERAGE AT THE OPTION OF THE               2,257        

POLICYHOLDER.                                                                   

      (2)  AN INSURER MAY CANCEL OR DECIDE NOT TO RENEW THE        2,259        

COVERAGE OF AN EMPLOYEE OR OF A DEPENDENT OF AN EMPLOYEE IF THE    2,260        

EMPLOYEE OR DEPENDENT, AS APPLICABLE, HAS PERFORMED AN ACT OR      2,261        

PRACTICE THAT CONSTITUTES FRAUD OR MADE AN INTENTIONAL             2,262        

MISREPRESENTATION OF MATERIAL FACT UNDER THE TERMS OF THE                       

COVERAGE AND IF THE CANCELLATION OR NONRENEWAL IS NOT BASED,       2,263        

EITHER DIRECTLY OR INDIRECTLY, ON ANY HEALTH STATUS-RELATED        2,264        

FACTOR IN RELATION TO THE EMPLOYEE OR DEPENDENT.                   2,265        

      AS USED IN DIVISION (B)(2) OF THIS SECTION, "HEALTH          2,268        

STATUS-RELATED FACTOR" HAS THE SAME MEANING AS IN SECTION                       

3924.031 OF THE REVISED CODE.                                      2,270        

      (C)(1)  NO SUCH POLICY, OR INSURER OFFERING HEALTH           2,272        

                                                          49     

                                                                 
INSURANCE COVERAGE IN CONNECTION WITH SUCH A POLICY, SHALL         2,274        

REQUIRE ANY INDIVIDUAL, AS A CONDITION OF COVERAGE OR CONTINUED    2,275        

COVERAGE UNDER THE POLICY, TO PAY A PREMIUM OR CONTRIBUTION THAT   2,276        

IS GREATER THAN THE PREMIUM OR CONTRIBUTION FOR A SIMILARLY        2,277        

SITUATED INDIVIDUAL COVERED UNDER THE POLICY ON THE BASIS OF ANY   2,278        

HEALTH STATUS-RELATED FACTOR IN RELATION TO THE INDIVIDUAL OR TO   2,279        

AN INDIVIDUAL COVERED UNDER THE POLICY AS A DEPENDENT OF THE       2,280        

INDIVIDUAL.                                                        2,281        

      (2)  NOTHING IN DIVISION (C)(1) OF THIS SECTION SHALL BE     2,284        

CONSTRUED TO RESTRICT THE AMOUNT THAT AN EMPLOYER MAY BE CHARGED   2,285        

FOR COVERAGE UNDER A GROUP POLICY, OR TO PREVENT A GROUP POLICY,   2,286        

AND AN INSURER OFFERING GROUP HEALTH INSURANCE COVERAGE, FROM      2,287        

ESTABLISHING PREMIUM DISCOUNTS OR REBATES OR MODIFYING OTHERWISE   2,288        

APPLICABLE COPAYMENTS OR DEDUCTIBLES IN RETURN FOR ADHERENCE TO    2,289        

PROGRAMS OF HEALTH PROMOTION AND DISEASE PREVENTION.               2,290        

      (D)  SUCH POLICIES SHALL PROVIDE FOR THE SPECIAL ENROLLMENT  2,293        

PERIODS DESCRIBED IN SECTION 2701(f) OF THE "HEALTH INSURANCE      2,297        

PORTABILITY AND ACCOUNTABILITY ACT OF 1996."                       2,299        

      Sec. 3923.58.  (A)  As used in sections 3923.58 and 3923.59  2,308        

of the Revised Code:                                               2,309        

      (1)  "Case characteristics," "eligible employee," "health    2,311        

HEALTH benefit plan," "late enrollee," AND "MEWA," and             2,313        

"pre-existing conditions provision" have the same meanings as in   2,314        

section 3924.01 of the Revised Code.                               2,315        

      (2)  "Insurer" means any sickness and accident insurance     2,317        

company authorized to issue health benefit plans DO BUSINESS in    2,318        

this state, or MEWA authorized to issue insured health benefit     2,320        

plans in this state.  "Insurer" does not include any health        2,321        

insuring corporation that is owned or operated by an insurer.      2,323        

      (3)  "Small employer" means any person, firm, corporation,   2,325        

or partnership actively engaged in business whose total employed   2,326        

work force, on at least fifty per cent of its working days during  2,327        

the preceding year, consisted of at least two unrelated eligible   2,328        

employees but no more than twenty-five eligible employees, the     2,329        

                                                          50     

                                                                 
majority of whom were employed within this state.  In determining  2,330        

the number of eligible employees, companies that are affiliated    2,331        

companies or that are eligible to file a combined tax return for   2,332        

purposes of state taxation shall be considered one employer.  In   2,333        

determining whether the members of an association are small        2,334        

employers, each member of the association shall be considered as   2,335        

a separate person, firm, corporation, or partnership.              2,336        

      (4)  "Small employer group" means any group consisting of    2,338        

all of the eligible employees of a small employer, except those    2,339        

employees who are covered, or are eligible for coverage, under     2,340        

any other private or public health benefits arrangement,           2,341        

including the medicare program established under Title XVIII of    2,342        

the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,   2,343        

as amended, or any other act of congress or law of this or any     2,344        

other state of the United States that provides benefits            2,345        

comparable to the benefits provided under this section             2,346        

PRE-EXISTING CONDITIONS PROVISION" MEANS A POLICY PROVISION THAT   2,349        

EXCLUDES OR LIMITS COVERAGE FOR CHARGES OR EXPENSES INCURRED       2,350        

DURING A SPECIFIED PERIOD FOLLOWING THE INSURED'S EFFECTIVE DATE   2,351        

OF COVERAGE AS TO A CONDITION WHICH, DURING A SPECIFIED PERIOD     2,352        

IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF COVERAGE, HAD          2,353        

MANIFESTED ITSELF IN SUCH A MANNER AS WOULD CAUSE AN ORDINARILY    2,354        

PRUDENT PERSON TO SEEK MEDICAL ADVICE, DIAGNOSIS, CARE, OR         2,355        

TREATMENT OR FOR WHICH MEDICAL ADVICE, DIAGNOSIS, CARE, OR         2,356        

TREATMENT WAS RECOMMENDED OR RECEIVED, OR A PREGNANCY EXISTING ON  2,357        

THE EFFECTIVE DATE OF COVERAGE.                                                 

      (B)  Beginning in January of each year, insurers IN THE      2,360        

BUSINESS OF ISSUING INDIVIDUAL POLICIES OF SICKNESS AND ACCIDENT   2,361        

INSURANCE AS CONTEMPLATED BY SECTION 3923.021 OF THE REVISED       2,363        

CODE, EXCEPT INDIVIDUAL POLICIES ISSUED PURSUANT TO SECTION        2,364        

3923.122 OF THE REVISED CODE, shall accept applicants for open     2,368        

enrollment coverage, as set forth in divisions (B)(1) and (2) of   2,369        

this section DIVISION, in the order in which they apply for        2,371        

coverage and subject to the limitation set forth in division (G)   2,372        

                                                          51     

                                                                 
of this section:.  INSURERS                                                     

      (1)  Insurers in the business of issuing health benefit      2,374        

plans to small employer groups shall accept small employer groups  2,375        

for which coverage is not otherwise available and for whom         2,376        

coverage had not been terminated by the employer or by an          2,377        

insurer, health maintenance organization, or health insuring       2,379        

corporation during the preceding twelve-month period;                           

      (2)  Insurers in the business of issuing individual          2,381        

policies of sickness and accident insurance as contemplated by     2,382        

section 3923.021 of the Revised Code, except individual policies   2,383        

issued pursuant to section 3923.122 of the Revised Code, shall     2,384        

either accept individuals pursuant to the open enrollment          2,385        

requirements of section 3941.53 of the Revised Code, if subject    2,386        

to that section, or accept for coverage pursuant to this section   2,388        

individuals to whom both of the following conditions apply:        2,389        

      (a)(1)  The individual is not applying for coverage as an    2,391        

employee of an employer, as a member of an association, or as a    2,392        

member of any other group.                                         2,393        

      (b)(2)  The individual is not covered, and is not eligible   2,395        

for coverage, under any other private or public health benefits    2,396        

arrangement, including the medicare program established under      2,397        

Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42  2,398        

U.S.C.A. 301, as amended, or any other act of congress or law of   2,399        

this or any other state of the United States that provides         2,400        

benefits comparable to the benefits provided under this section,   2,401        

any medicare supplement policy, or any conversion or continuation  2,402        

of coverage policy under state or federal law.                     2,403        

      (C)  An insurer shall offer to any individual or small       2,405        

employer group accepted under this section the small employer      2,407        

health care plan established by the board of directors of the      2,408        

Ohio small employer health reinsurance program under division (A)  2,410        

of section 3924.10 of the Revised Code or a health benefit plan                 

that is substantially similar to the small employer health care    2,411        

plan in benefit plan design and scope of covered services.         2,412        

                                                          52     

                                                                 
      An insurer may offer other health benefit plans in addition  2,414        

to, but not in lieu of, the plan required to be offered under      2,415        

this division.  These additional health benefit plans shall        2,416        

provide, at a minimum, the coverage provided by the small          2,417        

employer health care plan or any health benefit plan that is       2,418        

substantially similar to the small employer health care plan in                 

benefit plan design and scope of covered services.                 2,419        

      For purposes of this division, the superintendent of         2,421        

insurance shall determine whether a health benefit plan is         2,422        

substantially similar to the small employer health care plan in    2,423        

benefit plan design and scope of covered services.                 2,424        

      (D)  Health benefit plans issued under this section may      2,426        

establish pre-existing conditions provisions that exclude or       2,427        

limit coverage for a period of up to twelve months following the   2,428        

individual's effective date of coverage and that may relate only   2,429        

to conditions during the six months immediately preceding the      2,430        

effective date of coverage.  However, an insurer may exclude a     2,431        

late enrollee for a period of up to eighteen months following the  2,432        

individual's date of application for coverage.                     2,433        

      (E)  Premiums charged to groups or individuals under this    2,435        

section may not exceed an amount that is two and one-half times    2,436        

the highest rate charged any other group with similar case         2,437        

characteristics or any other individual to which the insurer is    2,438        

currently accepting new business, and for which similar            2,439        

copayments and deductibles are applied.                            2,440        

      (F)  In offering health benefit plans under this section,    2,442        

an insurer may require the purchase of health benefit plans that   2,443        

condition the reimbursement of health services upon the use of a   2,444        

specific network of providers.                                     2,445        

      (G)(1)  In no event shall an insurer be required to accept   2,447        

annually under this section either individuals or small employer   2,448        

groups that WHO, in the aggregate, would cause the insurer to      2,449        

have a total number of new insureds that is more than one-half     2,451        

per cent of its total number of insured individuals in this state  2,452        

                                                          53     

                                                                 
per year, as contemplated by section 3923.021 of the Revised       2,453        

Code, and small group certificate holders of health benefit plans  2,454        

in this state per year, calculated as of the immediately           2,456        

preceding thirty-first day of December and excluding the           2,457        

insurer's medicare supplement policies and conversion or           2,458        

continuation of coverage policies under state or federal law and   2,459        

any policies described in division (N)(M) of this section.  If an  2,460        

insurer is subject to, and elects to operate under, the            2,462        

individual open enrollment requirements of section 3941.53 of the  2,463        

Revised Code, in no event shall the insurer be required to accept  2,464        

annually under this section small employer groups that would       2,465        

cause the insurer to have a total number of new insureds that is   2,466        

more than one-half per cent of its total number of small group     2,467        

certificate holders calculated as set forth in division (G)(1) of  2,468        

this section.                                                                   

      (2)  An officer of the insurer shall certify to the          2,470        

department of insurance when it has met the enrollment limit set   2,471        

forth in division (G)(1) of this section.  Upon providing such     2,472        

certification, the insurer shall be relieved of its open           2,473        

enrollment requirement under this section for the remainder of     2,474        

the calendar year.                                                 2,475        

      (H)  An insurer shall not be required to accept under this   2,477        

section applicants who, at the time of enrollment, are confined    2,478        

to a health care facility because of chronic illness, permanent    2,479        

injury, or other infirmity that would cause economic impairment    2,480        

to the insurer if the applicants were accepted, or to make the     2,481        

effective date of benefits for individuals or groups accepted      2,482        

under this section earlier than ninety days after the date of      2,483        

acceptance.                                                        2,484        

      (I)  The requirements of this section do not apply to any    2,486        

insurer that is currently in a state of supervision, insolvency,   2,487        

or liquidation.  If an insurer demonstrates to the satisfaction    2,488        

of the superintendent that the requirements of this section would  2,490        

place the insurer in a state of supervision, insolvency, or        2,491        

                                                          54     

                                                                 
liquidation, the superintendent may waive or modify the            2,492        

requirements of division (B) or (G) of this section.  The actions               

of the superintendent under this division shall be effective for   2,494        

a period of not more than one year.  At the expiration of such     2,495        

time, a new showing of need for a waiver or modification by the    2,496        

insurer shall be made before a new waiver or modification is       2,497        

issued or imposed.                                                              

      (J)  No hospital, health care facility, or health care       2,499        

practitioner, and no person who employs any health care            2,500        

practitioner, shall balance bill any individual or dependent of    2,501        

an individual or any eligible employee or dependent of an          2,503        

employee for any health care supplies or services provided to the               

individual or dependent or the eligible employee or dependent,     2,504        

who is insured under a policy or enrolled under a health benefit   2,506        

plan issued under this section.  The hospital, health care         2,507        

facility, or health care practitioner, or any person that employs  2,508        

the health care practitioner, shall accept payments made to it by  2,509        

the insurer under the terms of the policy or contract insuring or  2,511        

covering such individual as payment in full for such health care   2,512        

supplies or services.                                              2,513        

      As used in this division, "hospital" has the same meaning    2,515        

as in section 3727.01 of the Revised Code; "health care            2,516        

practitioner" has the same meaning as in section 4769.01 of the    2,517        

Revised Code; and "balance bill" means charging or collecting an   2,518        

amount in excess of the amount reimbursable or payable under the   2,519        

policy or health care service contract issued to an individual or  2,520        

group under this section for such health care supply or service.   2,521        

"Balance bill" does not include charging for or collecting         2,522        

copayments or deductibles required by the policy or contract.      2,523        

      (K)  An insurer shall pay an agent a commission in the       2,525        

amount of five per cent of the premium charged for initial         2,526        

placement or for otherwise securing the issuance of a policy or    2,527        

contract issued to an individual or small employer group under     2,528        

this section, and four per cent of the premium charged for the                  

                                                          55     

                                                                 
renewal of such a policy or contract.  The superintendent may      2,529        

adopt, in accordance with Chapter 119. of the Revised Code, such   2,530        

rules as are necessary to enforce this division.                   2,531        

      (L)  Except as otherwise provided in this section, sections  2,533        

3924.01 to 3924.06 of the Revised Code apply to all health         2,534        

benefit plans issued under this section.                           2,535        

      (M)  Individuals accepted for coverage under this section    2,537        

may be issued contracts and certificates subject to the            2,538        

requirements of section 3923.12 of the Revised Code.  The          2,539        

coverage issued to such individuals is not subject to the          2,540        

requirements of section 3923.021 of the Revised Code.              2,541        

      (N)(M)  This section does not apply to any policy that       2,543        

provides coverage for specific diseases or accidents only, or to   2,545        

any hospital indemnity, medicare supplement, long-term care,                    

disability income, one-time-limited-duration policy of no longer   2,547        

than six months, or other policy that offers only supplemental     2,548        

benefits.                                                                       

      Sec. 3923.581.  (A)  AS USED IN THIS SECTION:                2,550        

      (1)  "CARRIER," "HEALTH BENEFIT PLAN," "MEWA," AND           2,552        

"PRE-EXISTING CONDITIONS PROVISION" HAVE THE SAME MEANINGS AS IN   2,554        

SECTION 3924.01 OF THE REVISED CODE.                                            

      (2)  "FEDERALLY ELIGIBLE INDIVIDUAL" MEANS AN ELIGIBLE       2,556        

INDIVIDUAL AS DEFINED IN 45 C.F.R. 148.103.                        2,557        

      (3)  "HEALTH STATUS-RELATED FACTOR" MEANS ANY OF THE         2,558        

FOLLOWING:                                                                      

      (a)  HEALTH STATUS;                                          2,560        

      (b)  MEDICAL CONDITION, INCLUDING BOTH PHYSICAL AND MENTAL   2,562        

ILLNESSES;                                                         2,563        

      (c)  CLAIMS EXPERIENCE;                                      2,565        

      (d)  RECEIPT OF HEALTH CARE;                                 2,567        

      (e)  MEDICAL HISTORY;                                        2,569        

      (f)  GENETIC INFORMATION;                                    2,571        

      (g)  EVIDENCE OF INSURABILITY, INCLUDING CONDITIONS ARISING  2,573        

OUT OF ACTS OF DOMESTIC VIOLENCE;                                  2,574        

                                                          56     

                                                                 
      (h)  DISABILITY.                                             2,576        

      (4)  "MIDPOINT RATE" MEANS, FOR INDIVIDUALS WITH SIMILAR     2,578        

CASE CHARACTERISTICS AND PLAN DESIGNS AND AS DETERMINED BY THE     2,579        

APPLICABLE CARRIER FOR A RATING PERIOD, THE ARITHMETIC AVERAGE OF  2,580        

THE APPLICABLE BASE PREMIUM RATE AND THE CORRESPONDING HIGHEST     2,581        

PREMIUM RATE.                                                                   

      (5)  "NETWORK PLAN" MEANS A HEALTH BENEFIT PLAN OF A         2,583        

CARRIER UNDER WHICH THE FINANCING AND DELIVERY OF MEDICAL CARE,    2,584        

INCLUDING ITEMS AND SERVICES PAID FOR AS MEDICAL CARE, ARE         2,585        

PROVIDED, IN WHOLE OR IN PART, THROUGH A DEFINED SET OF PROVIDERS  2,586        

UNDER CONTRACT WITH THE CARRIER.                                                

      (B)  BEGINNING IN JANUARY OF EACH YEAR, CARRIERS IN THE      2,588        

BUSINESS OF ISSUING HEALTH BENEFIT PLANS TO INDIVIDUALS OR         2,589        

NONEMPLOYER GROUPS SHALL ACCEPT FEDERALLY ELIGIBLE INDIVIDUALS     2,590        

FOR OPEN ENROLLMENT COVERAGE, AS PROVIDED IN THIS SECTION, IN THE  2,591        

ORDER IN WHICH THEY APPLY FOR COVERAGE AND SUBJECT TO THE          2,592        

LIMITATION SET FORTH IN DIVISION (J) OF THIS SECTION.              2,593        

      (C)  NO CARRIER SHALL DO EITHER OF THE FOLLOWING:            2,595        

      (1)  DECLINE TO OFFER SUCH COVERAGE TO, OR DENY ENROLLMENT   2,597        

OF, SUCH INDIVIDUALS;                                              2,598        

      (2)  APPLY ANY PRE-EXISTING CONDITIONS PROVISION TO SUCH     2,600        

COVERAGE.                                                                       

      (D)  A CARRIER SHALL OFFER TO FEDERALLY ELIGIBLE             2,602        

INDIVIDUALS THE BASIC AND STANDARD PLAN ESTABLISHED BY THE BOARD   2,603        

OF DIRECTORS OF THE OHIO HEALTH REINSURANCE PROGRAM OR PLANS       2,604        

SUBSTANTIALLY SIMILAR TO THE BASIC AND STANDARD PLAN IN BENEFIT    2,606        

DESIGN AND SCOPE OF COVERED SERVICES.  FOR PURPOSES OF THIS        2,607        

DIVISION, THE SUPERINTENDENT OF INSURANCE SHALL DETERMINE WHETHER  2,608        

A PLAN IS SUBSTANTIALLY SIMILAR TO THE BASIC OR STANDARD PLAN IN                

BENEFIT DESIGN AND SCOPE OF COVERED SERVICES.                      2,609        

      (E)  PREMIUMS CHARGED TO INDIVIDUALS UNDER THIS SECTION MAY  2,611        

NOT EXCEED AN AMOUNT THAT IS TWO TIMES THE MIDPOINT RATE CHARGED   2,612        

ANY OTHER INDIVIDUAL TO WHICH THE CARRIER IS CURRENTLY ACCEPTING   2,613        

NEW BUSINESS, AND FOR WHICH SIMILAR COPAYMENTS AND DEDUCTIBLES     2,614        

                                                          57     

                                                                 
ARE APPLIED.                                                                    

      (F)  IF A CARRIER OFFERS A HEALTH BENEFIT PLAN IN THE        2,616        

INDIVIDUAL MARKET THROUGH A NETWORK PLAN, THE CARRIER MAY DO BOTH  2,617        

OF THE FOLLOWING:                                                               

      (1)  LIMIT THE FEDERALLY ELIGIBLE INDIVIDUALS THAT MAY       2,619        

APPLY FOR SUCH COVERAGE TO THOSE WHO LIVE, WORK, OR RESIDE IN THE  2,620        

SERVICE AREA OF THE NETWORK PLAN;                                  2,622        

      (2)  WITHIN THE SERVICE AREA OF THE NETWORK PLAN, DENY THE   2,624        

COVERAGE TO FEDERALLY ELIGIBLE INDIVIDUALS IF THE CARRIER HAS      2,625        

DEMONSTRATED BOTH OF THE FOLLOWING TO THE SUPERINTENDENT:          2,626        

      (a)  THE CARRIER WILL NOT HAVE THE CAPACITY TO DELIVER       2,628        

SERVICES ADEQUATELY TO ANY ADDITIONAL INDIVIDUALS BECAUSE OF THE   2,629        

CARRIER'S OBLIGATIONS TO EXISTING GROUP CONTRACT HOLDERS AND       2,630        

INDIVIDUALS.                                                                    

      (b)  THE CARRIER IS APPLYING DIVISION (F)(2) OF THIS         2,632        

SECTION UNIFORMLY TO ALL FEDERALLY ELIGIBLE INDIVIDUALS WITHOUT    2,633        

REGARD TO ANY HEALTH STATUS-RELATED FACTOR OF THOSE INDIVIDUALS.   2,634        

      (G)  A CARRIER THAT, PURSUANT TO DIVISION (F)(2) OF THIS     2,637        

SECTION, DENIES COVERAGE TO AN INDIVIDUAL IN THE SERVICE AREA OF   2,638        

A NETWORK PLAN, SHALL NOT OFFER COVERAGE IN THE INDIVIDUAL MARKET  2,639        

WITHIN THAT SERVICE AREA FOR AT LEAST ONE HUNDRED EIGHTY DAYS      2,640        

AFTER THE DATE THE COVERAGE IS DENIED.                             2,641        

      (H)  A CARRIER MAY REFUSE TO ISSUE HEALTH BENEFIT PLANS TO   2,643        

FEDERALLY ELIGIBLE INDIVIDUALS IF THE CARRIER HAS DEMONSTRATED     2,644        

BOTH OF THE FOLLOWING TO THE SUPERINTENDENT:                       2,645        

      (1)  THE CARRIER DOES NOT HAVE THE FINANCIAL RESERVES        2,647        

NECESSARY TO UNDERWRITE ADDITIONAL COVERAGE.                       2,648        

      (2)  THE CARRIER IS APPLYING DIVISION (H) OF THIS SECTION    2,650        

UNIFORMLY TO ALL FEDERALLY ELIGIBLE INDIVIDUALS IN THIS STATE      2,651        

CONSISTENT WITH THE APPLICABLE LAWS AND RULES OF THIS STATE AND    2,652        

WITHOUT REGARD TO ANY HEALTH STATUS-RELATED FACTOR RELATING TO     2,653        

THOSE INDIVIDUALS.                                                              

      (I)  A CARRIER THAT, PURSUANT TO DIVISION (H) OF THIS        2,655        

SECTION, REFUSES TO ISSUE HEALTH BENEFIT PLANS TO FEDERALLY        2,656        

                                                          58     

                                                                 
ELIGIBLE INDIVIDUALS, SHALL NOT OFFER HEALTH BENEFIT PLANS IN THE  2,657        

INDIVIDUAL MARKET IN THIS STATE FOR AT LEAST ONE HUNDRED EIGHTY    2,658        

DAYS AFTER THE DATE THE COVERAGE IS DENIED OR UNTIL THE CARRIER    2,660        

HAS DEMONSTRATED TO THE SUPERINTENDENT THAT THE CARRIER HAS        2,661        

SUFFICIENT FINANCIAL RESERVES TO UNDERWRITE ADDITIONAL COVERAGE,                

WHICHEVER IS LATER.                                                2,662        

      (J)(1)  EXCEPT AS PROVIDED IN DIVISION (J)(2) OF THIS        2,665        

SECTION, A CARRIER SHALL NOT BE REQUIRED TO ACCEPT ANNUALLY UNDER  2,667        

THIS SECTION FEDERALLY ELIGIBLE INDIVIDUALS WHO, IN THE            2,668        

AGGREGATE, WOULD CAUSE THE CARRIER TO HAVE A TOTAL NUMBER OF NEW   2,669        

INSUREDS THAT IS MORE THAN ONE-HALF PER CENT OF ITS TOTAL NUMBER   2,670        

OF INSURED INDIVIDUALS AND NONEMPLOYER GROUPS IN THIS STATE PER    2,671        

YEAR, CALCULATED AS OF THE IMMEDIATELY PRECEDING THIRTY-FIRST DAY               

OF DECEMBER AND EXCLUDING THE CARRIER'S MEDICARE SUPPLEMENT        2,673        

POLICIES AND CONVERSION OR CONTINUATION OF COVERAGE POLICIES       2,675        

UNDER STATE OR FEDERAL LAW AND ANY POLICIES DESCRIBED IN DIVISION  2,676        

(M) OF SECTION 3923.58 OF THE REVISED CODE.                        2,677        

      (2)  AN OFFICER OF THE CARRIER SHALL CERTIFY TO THE          2,679        

DEPARTMENT OF INSURANCE WHEN IT HAS MET THE ENROLLMENT LIMIT SET   2,680        

FORTH IN DIVISION (J)(1) OF THIS SECTION.  UPON PROVIDING SUCH     2,681        

CERTIFICATION, THE CARRIER SHALL BE RELIEVED OF ITS OPEN           2,682        

ENROLLMENT REQUIREMENT UNDER THIS SECTION FOR THE REMAINDER OF     2,683        

THE CALENDAR YEAR UNLESS, PRIOR TO THE END OF THE CALENDAR YEAR,   2,685        

ALL THE CARRIERS SUBJECT TO THIS SECTION HAVE INDIVIDUALLY MET     2,686        

THE ENROLLMENT LIMIT SET FORTH IN DIVISION (J)(1) OF THIS          2,688        

SECTION.  IN THAT EVENT, CARRIERS SHALL AGAIN ACCEPT APPLICANTS    2,689        

FOR OPEN ENROLLMENT COVERAGE PURSUANT TO THIS SECTION, SUBJECT TO  2,690        

THE ENROLLMENT LIMIT SET FORTH IN DIVISION (J)(1) OF THIS          2,692        

SECTION.                                                                        

      (K)  THE SUPERINTENDENT MAY PROVIDE FOR THE APPLICATION OF   2,694        

THIS SECTION ON A SERVICE-AREA-SPECIFIC BASIS.                     2,695        

      (L)  THE REQUIREMENTS OF THIS SECTION DO NOT APPLY TO ANY    2,697        

HEALTH BENEFIT PLAN DESCRIBED IN DIVISION (M) OF SECTION 3923.58   2,698        

OF THE REVISED CODE.                                                            

                                                          59     

                                                                 
      Sec. 3923.59.  Any insurer may reinsure coverage of any      2,707        

individual, small employer group, or member of that NONEMPLOYER    2,708        

group acquired under section 3923.58 OR 3923.581 of the Revised    2,711        

Code with the Ohio small employer health OPEN ENROLLMENT           2,712        

reinsurance program in accordance with division (G) of section     2,714        

3924.11 of the Revised Code.  Premium rates charged for coverage   2,715        

reinsured by the program shall be established in accordance with   2,716        

section 3924.12 of the Revised Code.                                            

      Sec. 3923.63.  (A)  Notwithstanding section 3901.71 of the   2,725        

Revised Code, each individual or group policy of sickness and      2,727        

accident insurance delivered, issued for delivery, or renewed in   2,728        

this state that provides maternity benefits shall provide                       

coverage of inpatient care and follow-up care for a mother and     2,729        

her newborn as follows:                                                         

      (1)  The policy shall cover a minimum of forty-eight hours   2,732        

of inpatient care following a normal vaginal delivery and a        2,733        

minimum of ninety-six hours of inpatient care following a          2,734        

cesarean delivery.  Services covered as inpatient care shall       2,735        

include medical, educational, and any other services that are      2,736        

consistent with the inpatient care recommended in the protocols    2,737        

and guidelines developed by national organizations that represent  2,738        

pediatric, obstetric, and nursing professionals.                   2,739        

      (2)  The policy shall cover a physician-directed source of   2,741        

follow-up care.  Services covered as follow-up care shall include  2,742        

physical assessment of the mother and newborn, parent education,   2,743        

assistance and training in breast or bottle feeding, assessment    2,744        

of the home support system, performance of any medically           2,745        

necessary and appropriate clinical tests, and any other services   2,746        

that are consistent with the follow-up care recommended in the     2,747        

protocols and guidelines developed by national organizations that  2,749        

represent pediatric, obstetric, and nursing professionals.  The    2,750        

coverage shall apply to services provided in a medical setting or  2,751        

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

home health care visit only if the health care professional who    2,752        

                                                          60     

                                                                 
conducts the visit is knowledgeable and experienced in maternity   2,753        

and newborn care.                                                               

      When a decision is made in accordance with division (B) of   2,755        

this section to discharge a mother or newborn prior to the         2,756        

expiration of the applicable number of hours of inpatient care     2,757        

required to be covered, the coverage of follow-up care shall       2,758        

apply to all follow-up care that is provided within forty-eight    2,759        

SEVENTY-TWO hours after discharge.  When a mother or newborn       2,760        

receives at least the number of hours of inpatient care required   2,761        

to be covered, the coverage of follow-up care shall apply to       2,762        

follow-up care that is determined to be medically necessary by     2,763        

the health care professionals responsible for discharging the      2,764        

mother or newborn.                                                              

      (B)  Any decision to shorten the length of inpatient stay    2,767        

to less than that specified under division (A)(1) of this section  2,769        

shall be made by the physician attending the mother or newborn,    2,770        

except that if a nurse-midwife is attending the mother in          2,771        

collaboration with a physician, the decision may be made by the    2,772        

nurse-midwife.  Decisions regarding early discharge shall be made  2,773        

only after conferring with the mother or a person responsible for  2,774        

the mother or newborn.  For purposes of this division, a person    2,775        

responsible for the mother or newborn may include a parent,        2,776        

guardian, or any other person with authority to make medical       2,777        

decisions for the mother or newborn.                                            

      (C)(1)  No sickness and accident insurer may do either of    2,780        

the following:                                                                  

      (a)  Terminate the participation of a health care            2,783        

professional or health care facility as a provider under a                      

sickness and accident insurance policy solely for making           2,784        

recommendations for inpatient or follow-up care for a particular   2,785        

mother or newborn that are consistent with the care required to    2,786        

be covered by this section;                                        2,787        

      (b)  Establish or offer monetary or other financial          2,790        

incentives for the purpose of encouraging a person to decline the  2,791        

                                                          61     

                                                                 
inpatient or follow-up care required to be covered by this         2,792        

section.                                                                        

      (2)  Whoever violates division (C)(1)(a) or (b) of this      2,796        

section has engaged in an unfair and deceptive act or practice in  2,797        

the business of insurance under sections 3901.19 to 3901.26 of     2,798        

the Revised Code.                                                  2,800        

      (D)  This section does not do any of the following:          2,803        

      (1)  Require a policy to cover inpatient or follow-up care   2,806        

that is not received in accordance with the policy's terms         2,807        

pertaining to the health care professionals and facilities from    2,808        

which an individual is authorized to receive health care           2,809        

services.;                                                                      

      (2)  Require a mother or newborn to stay in a hospital or    2,812        

other inpatient setting for a fixed period of time following                    

delivery;                                                          2,813        

      (3)  Require a child to be delivered in a hospital or other  2,816        

inpatient setting;                                                              

      (4)  Authorize a nurse-midwife to practice beyond the        2,818        

authority to practice nurse-midwifery in accordance with Chapter   2,820        

4723. of the Revised Code;                                         2,822        

      (5)  Establish minimum standards of medical diagnosis, care  2,825        

or treatment for inpatient or follow-up care for a mother or       2,826        

newborn.  A deviation from the care required to be covered under   2,827        

this section shall not, solely on the basis of this section, give               

rise to a medical claim or derivative medical claim, as those      2,828        

terms are defined in section 2305.11 of the Revised Code.          2,831        

      Sec. 3923.64.  (A)  Notwithstanding section 3901.71 of the   2,840        

Revised Code, each public employee benefit plan established or     2,842        

modified in this state that provides maternity benefits shall      2,843        

provide coverage of inpatient care and follow-up care for a        2,844        

mother and her newborn as follows:                                 2,845        

      (1)  The plan shall cover a minimum of forty-eight hours of  2,847        

inpatient care following a normal vaginal delivery and a minimum   2,849        

of ninety-six hours of inpatient care following a cesarean         2,850        

                                                          62     

                                                                 
delivery.  Services covered as inpatient care shall include        2,851        

medical, educational, and any other services that are consistent   2,852        

with the inpatient care recommended in the protocols and           2,853        

guidelines developed by national organizations that represent      2,854        

pediatric, obstetric, and nursing professionals.                                

      (2)  The plan shall cover a physician-directed source of     2,856        

follow-up care. Services covered as follow-up care shall include   2,857        

physical assessment of the mother and newborn, parent education,   2,858        

assistance and training in breast or bottle feeding, assessment    2,859        

of the home support system, performance of any medically           2,860        

necessary and appropriate clinical tests, and any other services   2,861        

that are consistent with the follow-up care recommended in the     2,862        

protocols and guidelines developed by national organizations that  2,864        

represent pediatric, obstetric, and nursing professionals.  The    2,865        

coverage shall apply to services provided in a medical setting or  2,866        

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

home health care visit only if the health care professional who    2,867        

conducts the visit is knowledgeable and experienced in maternity   2,868        

and newborn care.                                                               

      When a decision is made in accordance with division (B) of   2,870        

this section to discharge a mother or newborn prior to the         2,871        

expiration of the applicable number of hours of inpatient care     2,872        

required to be covered, the coverage of follow-up care shall       2,873        

apply to all follow-up care that is provided within forty-eight    2,874        

SEVENTY-TWO hours after discharge.  When a mother or newborn       2,875        

receives at least the number of hours of inpatient care required   2,876        

to be covered, the coverage of follow-up care shall apply to       2,877        

follow-up care that is determined to be medically necessary by     2,878        

the health care professionals responsible for discharging the      2,879        

mother or newborn.                                                              

      (B)  Any decision to shorten the length of inpatient stay    2,882        

to less than that specified under division (A)(1) of this section  2,884        

shall be made by the physician attending the mother or newborn,    2,885        

except that if a nurse-midwife is attending the mother in          2,886        

                                                          63     

                                                                 
collaboration with a physician, the decision may be made by the    2,887        

nurse-midwife.  Decisions regarding early discharge shall be made  2,888        

only after conferring with the mother or a person responsible for  2,889        

the mother or newborn.  For purposes of this division, a person    2,890        

responsible for the mother or newborn may include a parent,        2,891        

guardian, or any other person with authority to make medical       2,892        

decisions for the mother or newborn.                                            

      (C)(1)  No public employer who offers an employee benefit    2,895        

plan may do either of the following:                               2,896        

      (a)  Terminate the participation of a health care            2,899        

professional or health care facility as a provider under the plan  2,900        

solely for making recommendations for inpatient or follow-up care  2,901        

for a particular mother or newborn that are consistent with the    2,902        

care required to be covered by this section;                       2,903        

      (b)  Establish or offer monetary or other financial          2,906        

incentives for the purpose of encouraging a person to decline the  2,907        

inpatient or follow-up care required to be covered by this         2,908        

section.                                                                        

      (2)  Whoever violates division (C)(1)(a) or (b) of this      2,912        

section has engaged in an unfair and deceptive act or practice in  2,913        

the business of insurance under sections 3901.19 to 3901.26 of     2,914        

the Revised Code.                                                  2,916        

      (D)  This section does not do any of the following:          2,919        

      (1)  Require a plan to cover inpatient or follow-up care     2,922        

that is not received in accordance with the plan's terms           2,923        

pertaining to the health care professionals and facilities from    2,924        

which an individual is authorized to receive health care           2,925        

services.;                                                                      

      (2)  Require a mother or newborn to stay in a hospital or    2,928        

other inpatient setting for a fixed period of time following                    

delivery;                                                          2,929        

      (3)  Require a child to be delivered in a hospital or other  2,932        

inpatient setting;                                                              

      (4)  Authorize a nurse-midwife to practice beyond the        2,934        

                                                          64     

                                                                 
authority to practice nurse-midwifery in accordance with Chapter   2,936        

4723. of the Revised Code;                                         2,938        

      (5)  Establish minimum standards of medical diagnosis,       2,940        

care, or treatment for inpatient or follow-up care for a mother    2,941        

or newborn.  A deviation from the care required to be covered      2,942        

under this section shall not, solely on the basis of this          2,943        

section, give rise to a medical claim or derivative medical        2,944        

claim, as those terms are defined in section 2305.11 of the        2,945        

Revised Code.                                                      2,947        

      Sec. 3924.01.  As used in sections 3924.01 to 3924.14 of     2,956        

the Revised Code:                                                  2,957        

      (A)  "Actuarial certification" means a written statement     2,959        

prepared by a member of the American academy of actuaries, or by   2,960        

any other person acceptable to the superintendent of insurance,    2,961        

that states that, based upon the person's examination, a carrier   2,962        

offering health benefit plans to small employers is in compliance  2,963        

with sections 3924.01 to 3924.14 of the Revised Code.  "Actuarial  2,964        

certification" shall include a review of the appropriate records   2,965        

of, and the actuarial assumptions and methods used by, the         2,966        

carrier relative to establishing premium rates for the health      2,967        

benefit plans.                                                     2,968        

      (B)  "Adjusted average market premium price" means the       2,970        

average market premium price as determined by the board of         2,972        

directors of the Ohio small employer health reinsurance program    2,973        

either on the basis of the arithmetic mean of all carriers'        2,974        

premium rates for an SEHC plan sold to groups with similar case    2,975        

characteristics by all carriers selling SEHC plans in the state,   2,977        

or on any other equitable basis determined by the board.                        

      (C)  "Base premium rate" means, as to any health benefit     2,979        

plan that is issued by a carrier and that covers at least two but  2,980        

no more than fifty employees of a small employer, the lowest       2,982        

premium rate for a new or existing business prescribed by the      2,983        

carrier for the same or similar coverage under a plan or           2,984        

arrangement covering any small employer with similar case          2,985        

                                                          65     

                                                                 
characteristics.                                                                

      (D)  "Carrier" means any sickness and accident insurance     2,987        

company or health insuring corporation authorized to issue health  2,990        

benefit plans in this state or a MEWA.  A sickness and accident    2,992        

insurance company that owns or operates a health insuring          2,993        

corporation, either as a separate corporation or as a line of      2,995        

business, shall be considered as a separate carrier from that      2,996        

health insuring corporation for purposes of sections 3924.01 to    2,998        

3924.14 of the Revised Code.                                                    

      (E)  "Case characteristics" means, with respect to a small   3,000        

employer, the geographic area in which the employees work; the     3,001        

age and sex of the individual employees and their dependents; the  3,002        

appropriate industry classification as determined by the carrier;  3,003        

the number of employees and dependents; and such other objective   3,004        

criteria as may be established by the carrier.  "Case              3,005        

characteristics" does not include claims experience, health        3,006        

status, or duration of coverage from the date of issue.            3,007        

      (F)  "Dependent" means the spouse or child of an eligible    3,009        

employee, subject to applicable terms of the health benefits plan  3,010        

covering the employee.                                             3,011        

      (G)  "Eligible employee" means an employee who works a       3,013        

normal work week of twenty-five or more hours.  "Eligible          3,014        

employee" does not include a temporary or substitute employee, or  3,016        

a seasonal employee who works only part of the calendar year on    3,017        

the basis of natural or suitable times or circumstances.           3,018        

      (H)  "Financially impaired" means a program member that,     3,020        

after April 14, 1993, is not insolvent but is determined by the    3,023        

superintendent to be potentially unable to fulfill its             3,024        

contractual obligations, or is placed under an order of            3,025        

rehabilitation or conservation by a court of competent             3,026        

jurisdiction or under an order of supervision by the               3,027        

superintendent.                                                                 

      (I)  "Health benefit plan" means any hospital or medical     3,029        

expense policy or certificate or any health plan provided by a     3,031        

                                                          66     

                                                                 
carrier, that is delivered, issued for delivery, renewed, or used  3,033        

in this state on or after the date occurring six months after      3,034        

November 24, 1995.  "Health benefit plan" does not include         3,036        

policies covering only accident, credit, dental, disability        3,037        

income, long-term care, hospital indemnity, medicare supplement,   3,038        

specified disease, or vision care; coverage under a                3,039        

one-time-limited-duration policy of no longer than six months;     3,041        

coverage issued as a supplement to liability insurance; insurance  3,042        

arising out of a workers' compensation or similar law; automobile  3,043        

medical-payment insurance; or insurance under which benefits are   3,044        

payable with or without regard to fault and which is statutorily   3,045        

required to be contained in any liability insurance policy or      3,046        

equivalent self-insurance.                                                      

      (J)  "Initial enrollment period" means the thirty-day        3,048        

period immediately following any service waiting period            3,049        

established by an employer.                                        3,050        

      (K)(I)  "Late enrollee" means an eligible employee or        3,052        

dependent who requests enrollment ENROLLS in a small employer's    3,053        

health benefit plan following OTHER THAN DURING the initial        3,055        

enrollment FIRST period provided under the terms of the first      3,057        

plan for IN which the employee or dependent was IS eligible        3,058        

through the small employer, unless any of the following apply:     3,060        

      (1)  The individual:                                         3,062        

      (a)  Was covered under another health benefit plan at the    3,065        

time the individual was eligible to enroll;                                     

      (b)  States, at the time of the initial eligibility, that    3,067        

coverage under another health benefit plan was the reason for      3,070        

declining enrollment;                                                           

      (c)  Has lost coverage under another health benefit plan as  3,073        

a result of the termination of employment, a reduction of hours    3,074        

worked per week, the termination of the other plan's coverage,     3,075        

death of a spouse, or divorce; and                                 3,076        

      (d)  Requests enrollment within thirty days after the        3,078        

termination of coverage under another health benefit plan.         3,079        

                                                          67     

                                                                 
      (2)  The individual is employed by an employer who offers    3,081        

multiple health benefit plans and the individual elects a          3,082        

different health benefit plan during an open enrollment period.    3,083        

      (3)  A court has ordered coverage to be provided for a       3,085        

spouse or minor child under a covered employee's plan and a        3,086        

request for enrollment is made within thirty days after issuance   3,087        

of the court order TO ENROLL UNDER THE PLAN OR DURING A SPECIAL    3,089        

ENROLLMENT PERIOD DESCRIBED IN SECTION 2701(f) OF THE "HEALTH      3,092        

INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996," PUB. L.     3,098        

NO. 104-191, 110 STAT. 1955, 42 U.S.C.A. 300gg, AS AMENDED.        3,101        

      (L)(J)  "MEWA" means any "multiple employer welfare          3,103        

arrangement" as defined in section 3 of the "Federal Employee      3,104        

Retirement Income Security Act of 1974," 88 Stat. 832, 29          3,105        

U.S.C.A. 1001, as amended, except for any arrangement which is     3,106        

fully insured as defined in division (b)(6)(D) of section 514 of   3,107        

that act.                                                          3,108        

      (M)(K)  "Midpoint rate" means, for small employers with      3,110        

similar case characteristics and plan designs and as determined    3,111        

by the applicable carrier for a rating period, the arithmetic      3,112        

average of the applicable base premium rate and the corresponding  3,113        

highest premium rate.                                              3,114        

      (N)(L)  "Pre-existing conditions provision" means a policy   3,116        

provision that excludes or limits coverage for charges or          3,118        

expenses incurred during a specified period following the          3,119        

insured's effective ENROLLMENT date of coverage as to a condition  3,121        

which, during a specified period immediately preceding the         3,122        

effective date of coverage, had manifested itself in such a        3,123        

manner as would cause an ordinarily prudent person to seek         3,124        

medical advice, diagnosis, care, or treatment or for which         3,125        

medical advice, diagnosis, care, or treatment was recommended or   3,126        

received, or DURING a pregnancy existing on SPECIFIED PERIOD       3,128        

IMMEDIATELY PRECEDING the effective ENROLLMENT date of coverage.   3,129        

GENETIC INFORMATION SHALL NOT BE TREATED AS SUCH A CONDITION IN    3,131        

THE ABSENCE OF A DIAGNOSIS OF THE CONDITION RELATED TO SUCH        3,132        

                                                          68     

                                                                 
INFORMATION.                                                                    

      FOR PURPOSES OF THIS DIVISION, "ENROLLMENT DATE" MEANS,      3,134        

WITH RESPECT TO AN INDIVIDUAL COVERED UNDER A GROUP HEALTH         3,135        

BENEFIT PLAN, THE DATE OF ENROLLMENT OF THE INDIVIDUAL IN THE      3,136        

PLAN OR, IF EARLIER, THE FIRST DAY OF THE WAITING PERIOD FOR SUCH  3,138        

ENROLLMENT.                                                                     

      (O)(M)  "Service waiting period" means the period of time    3,140        

after employment begins before an eligible employee may enroll in  3,142        

IS ELIGIBLE TO BE COVERED FOR BENEFITS UNDER THE TERMS OF any      3,143        

applicable health benefit plan offered by the small employer.                   

      (P)(N)(1)  "Small employer" means any person, firm,          3,146        

corporation, partnership, or association actively engaged in       3,147        

business whose total, IN CONNECTION WITH A GROUP HEALTH BENEFIT    3,148        

PLAN AND WITH RESPECT TO A CALENDAR YEAR AND A PLAN YEAR, AN       3,149        

EMPLOYER WHO employed work force consisted of, on at least fifty   3,150        

per cent of its working days during the preceding year, AN         3,151        

AVERAGE OF at least two but no more than fifty eligible            3,153        

employees, the majority of whom were employed within the state ON  3,154        

BUSINESS DAYS DURING THE PRECEDING CALENDAR YEAR AND WHO EMPLOYS   3,155        

AT LEAST TWO EMPLOYEES ON THE FIRST DAY OF THE PLAN YEAR.                       

      (2)  In determining the number of eligible employees for     3,157        

FOR purposes of division (P)(N)(1) of this section, companies      3,158        

which are affiliated companies or which are eligible to file a     3,160        

combined tax return for purposes of state taxation ALL PERSONS     3,162        

TREATED AS A SINGLE EMPLOYER UNDER SUBSECTION (b), (c), (m), OR    3,164        

(o) OF SECTION 414 OF THE "INTERNAL REVENUE CODE OF 1986," 100     3,168        

STAT. 2085, 26 U.S.C.A. 1, AS AMENDED, shall be considered one     3,171        

employer.  IN THE CASE OF AN EMPLOYER THAT WAS NOT IN EXISTENCE    3,172        

THROUGHOUT THE PRECEDING CALENDAR YEAR, THE DETERMINATION OF       3,173        

WHETHER THE EMPLOYER IS A SMALL OR LARGE EMPLOYER SHALL BE BASED   3,174        

ON THE AVERAGE NUMBER OF ELIGIBLE EMPLOYEES THAT IT IS REASONABLY  3,176        

EXPECTED THE EMPLOYER WILL EMPLOY ON BUSINESS DAYS IN THE CURRENT  3,177        

CALENDAR YEAR.  ANY REFERENCE IN DIVISION (N) OF THIS SECTION TO   3,178        

AN "EMPLOYER" INCLUDES ANY PREDECESSOR OF THE EMPLOYER.  Except    3,180        

                                                          69     

                                                                 
as otherwise specifically provided, provisions of sections         3,181        

3924.01 to 3924.14 of the Revised Code that apply to a small       3,182        

employer that has a health benefit plan shall continue to apply    3,183        

until the plan anniversary following the date the employer no      3,184        

longer meets the requirements of this division.                                 

      (Q)(O)  "SEHC plan" means an Ohio small employer health      3,187        

care plan, which is a health benefit plan for small INDIVIDUALS    3,188        

AND employers established by the board in accordance with section  3,190        

3924.10 of the Revised Code.                                       3,191        

      Sec. 3924.02.  (A)  An individual or group health benefit    3,200        

plan is subject to sections 3924.01 to 3924.14 of the Revised      3,201        

Code if it provides health care benefits covering at least two     3,203        

but no more than fifty employees of a small employer, and if it    3,204        

meets either of the following conditions:                          3,205        

      (1)  Any portion of the premium or benefits is paid by a     3,207        

small employer, or any covered individual is reimbursed, whether   3,208        

through wage adjustments or otherwise, by a small employer for     3,209        

any portion of the premium.                                        3,210        

      (2)  The health benefit plan is treated by the employer or   3,212        

any of the covered individuals as part of a plan or program for    3,213        

purposes of section 106 or 162 of the "Internal Revenue Code of    3,214        

1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.                  3,215        

      (B)  Notwithstanding division (A) of this section,           3,217        

divisions (D), (E)(2), (F), AND (G) to (J) of section 3924.03 of   3,219        

the Revised Code and section 3924.04 of the Revised Code do not    3,221        

apply to health benefit policies that are not sold to owners of    3,222        

small businesses as an employment benefit plan.  Such policies     3,223        

shall clearly state that they are not being sold as an employment  3,224        

benefit plan and that the owner of the business is not             3,225        

responsible, either directly or indirectly, for paying the         3,226        

premium or benefits.                                                            

      (C)  Every health benefit plan offered or delivered by a     3,228        

carrier, other than a health insuring corporation, to a small      3,230        

employer is subject to sections 3923.23, 3923.231, 3923.232,       3,231        

                                                          70     

                                                                 
3923.233, and 3923.234 of the Revised Code and any other           3,232        

provision of the Revised Code that requires the reimbursement,     3,233        

utilization, or consideration of a specific category of a          3,234        

licensed or certified health care practitioner.                    3,235        

      (D)  Except as expressly provided in sections 3924.01 to     3,237        

3924.14 of the Revised Code, no health benefit plan offered to a   3,238        

small employer is subject to any of the following:                 3,239        

      (1)  Any law that would inhibit any carrier from             3,241        

contracting with providers or groups of providers with respect to  3,242        

health care services or benefits;                                  3,243        

      (2)  Any law that would impose any restriction on the        3,245        

ability to negotiate with providers regarding the level or method  3,246        

of reimbursing care or services provided under the health benefit  3,247        

plan;                                                              3,248        

      (3)  Any law that would require any carrier to either        3,250        

include a specific provider or class of provider when contracting  3,251        

for health care services or benefits, or to exclude any class of   3,252        

provider that is generally authorized by statute to provide such   3,253        

care.                                                              3,254        

      Sec. 3924.03.  Health EXCEPT AS OTHERWISE PROVIDED IN        3,263        

SECTION 2721 OF THE "HEALTH INSURANCE PORTABILITY AND              3,268        

ACCOUNTABILITY ACT OF 1996," PUB. L. NO. 104-191, 110 STAT. 1955,  3,273        

42 U.S.C.A. 300gg-21, AS AMENDED, HEALTH benefit plans covering    3,275        

small employers are subject to the following conditions, as        3,276        

applicable:                                                                     

      (A)(1)  Pre-existing conditions provisions shall not         3,278        

exclude or limit coverage for a period beyond twelve months, OR    3,279        

EIGHTEEN MONTHS IN THE CASE OF A LATE ENROLLEE, following the      3,280        

individual's effective ENROLLMENT date of coverage and may only    3,281        

relate to conditions during A PHYSICAL OR MENTAL CONDITION,        3,283        

REGARDLESS OF THE CAUSE OF THE CONDITION, FOR WHICH MEDICAL        3,285        

ADVICE, DIAGNOSIS, CARE, OR TREATMENT WAS RECOMMENDED OR RECEIVED  3,286        

WITHIN the six months immediately preceding the effective          3,288        

ENROLLMENT date of coverage.                                                    

                                                          71     

                                                                 
      DIVISION (A)(1) OF THIS SECTION IS SUBJECT TO THE            3,291        

EXCEPTIONS SET FORTH IN SECTION 2701(d) OF THE "HEALTH INSURANCE   3,294        

PORTABILITY AND ACCOUNTABILITY ACT OF 1996."                       3,297        

      (2)  THE PERIOD OF ANY SUCH PRE-EXISTING CONDITION           3,299        

EXCLUSION SHALL BE REDUCED BY THE AGGREGATE OF THE PERIODS OF      3,300        

CREDITABLE COVERAGE, IF ANY, APPLICABLE TO THE EMPLOYEE OR         3,301        

DEPENDENT AS OF THE ENROLLMENT DATE.                               3,302        

      (3)  A PERIOD OF CREDITABLE COVERAGE SHALL NOT BE COUNTED,   3,305        

WITH RESPECT TO ENROLLMENT OF AN INDIVIDUAL UNDER A GROUP HEALTH   3,306        

BENEFIT PLAN, IF, AFTER THAT PERIOD AND BEFORE THE ENROLLMENT      3,307        

DATE, THERE WAS A SIXTY-THREE-DAY PERIOD DURING ALL OF WHICH THE   3,308        

INDIVIDUAL WAS NOT COVERED UNDER ANY CREDITABLE COVERAGE.          3,309        

SUBSECTIONS (c)(2) TO (4) AND (e) OF SECTION 2701 OF THE "HEALTH   3,311        

INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996" APPLY WITH   3,315        

RESPECT TO CREDITING PREVIOUS COVERAGE.                            3,316        

      (4)  AS USED IN DIVISION (A) OF THIS SECTION:                3,319        

      (a)  "CREDITABLE COVERAGE" HAS THE SAME MEANING AS IN        3,322        

SECTION 2701(c)(1) OF THE "HEALTH INSURANCE PORTABILITY AND        3,326        

ACCOUNTABILITY ACT OF 1996."                                       3,327        

      (b)  "ENROLLMENT DATE" MEANS, WITH RESPECT TO AN INDIVIDUAL  3,330        

COVERED UNDER A GROUP HEALTH BENEFIT PLAN, THE DATE OF ENROLLMENT  3,331        

OF THE INDIVIDUAL IN THE PLAN OR, IF EARLIER, THE FIRST DAY OF     3,332        

THE WAITING PERIOD FOR SUCH ENROLLMENT.                                         

      (B)  In determining whether a pre-existing conditions        3,334        

provision applies to an eligible employee or dependent, all        3,335        

health benefit plans shall credit the time the person was covered  3,336        

under a previous employer-based health benefit plan provided by a  3,337        

carrier if the previous coverage was continuous to a date not      3,339        

more than thirty days prior to the effective date of the new       3,341        

coverage, exclusive of any applicable service waiting period       3,342        

under the plan.                                                    3,343        

      (C)  Any such health benefit plan shall be renewable with    3,345        

respect to all eligible employees or dependents at the option of   3,346        

the policyholder, contract holder, or small employer, except for   3,347        

                                                          72     

                                                                 
any of the following reasons:                                      3,348        

      (1)  Nonpayment of the required premiums by the              3,350        

policyholder, contract holder, or employer;                        3,351        

      (2)  Fraud or misrepresentation of the policyholder,         3,353        

contract holder, or employer or, with respect to coverage of       3,354        

individual insureds, the insureds or their representatives ;       3,356        

      (3)  When the total number of insured individuals covered    3,358        

under all of the health benefit plans of any one employer is less  3,359        

than the total number of individuals or percentage of individuals  3,360        

required by participation requirements under any specific health   3,361        

benefit plan of that employer;                                     3,362        

      (4)  Noncompliance with any plan provision that has been     3,364        

approved by the superintendent of insurance;                       3,365        

      (5)  When the carrier ceases doing business in the small     3,367        

employer market, provided that all of the following conditions     3,368        

are met:                                                           3,369        

      (a)  Notice of the decision to cease to do business in the   3,371        

small employer market is provided to the department of insurance,  3,372        

the board of directors of the Ohio small employer health           3,373        

reinsurance program, the policyholder or contract holder, and the  3,374        

employer.                                                          3,375        

      (b)  Health benefit plans subject to sections 3924.01 to     3,377        

3924.14 of the Revised Code shall not be canceled by the carrier   3,378        

for ninety days after the date of the notice required under        3,380        

division (C)(5)(a) of this section unless the business has been    3,381        

sold to another carrier or the cancellations are approved by the   3,382        

superintendent.                                                    3,383        

      (c)  A carrier that ceases to do business in the small       3,385        

employer marketplace is prohibited from re-entering the small      3,386        

employer marketplace for a period of five years from the date of   3,387        

the notice required under division (C)(5)(a) of this section.      3,388        

      (D)  Notwithstanding division (C) of this section, any such  3,390        

health benefit plan or any coverage provided to an individual      3,391        

under such a plan may be rescinded for fraud, material             3,392        

                                                          73     

                                                                 
misrepresentation, or concealment by an applicant, employee,       3,393        

dependent, or small employer.                                      3,394        

      (E)  Every carrier doing business in the small employer      3,396        

market may underwrite and rate small employer groups, as           3,397        

permitted by sections 3924.01 to 3924.14 of the Revised Code,      3,398        

using accepted underwriting and actuarial practices (1)  EXCEPT    3,400        

AS PROVIDED IN SECTION 2712(b) TO (e) OF THE "HEALTH INSURANCE     3,402        

PORTABILITY AND ACCOUNTABILITY ACT OF 1996," IF A CARRIER OFFERS   3,404        

COVERAGE IN THE SMALL EMPLOYER MARKET IN CONNECTION WITH A GROUP   3,405        

HEALTH BENEFIT PLAN, THE CARRIER SHALL RENEW OR CONTINUE IN FORCE  3,406        

SUCH COVERAGE AT THE OPTION OF THE PLAN SPONSOR OF THE PLAN.       3,407        

      (2)  A CARRIER MAY CANCEL OR DECIDE NOT TO RENEW THE         3,409        

COVERAGE OF ANY ELIGIBLE EMPLOYEE OR OF A DEPENDENT OF AN          3,410        

ELIGIBLE EMPLOYEE IF THE EMPLOYEE OR DEPENDENT, AS APPLICABLE,     3,412        

HAS PERFORMED AN ACT OR PRACTICE THAT CONSTITUTES FRAUD OR MADE    3,413        

AN INTENTIONAL MISREPRESENTATION OF MATERIAL FACT UNDER THE TERMS  3,414        

OF THE COVERAGE AND IF THE CANCELLATION OR NONRENEWAL IS NOT                    

BASED, EITHER DIRECTLY OR INDIRECTLY, ON ANY HEALTH                3,415        

STATUS-RELATED FACTOR IN RELATION TO THE EMPLOYEE OR DEPENDENT.    3,416        

      AS USED IN DIVISION (B)(2) OF THIS SECTION, "HEALTH          3,419        

STATUS-RELATED FACTOR" HAS THE SAME MEANING AS IN SECTION                       

3924.031 OF THE REVISED CODE.                                      3,420        

      (F)(C)  A carrier shall not exclude any eligible employee    3,422        

or dependent, who would otherwise be covered under a health        3,423        

benefit plan, on the basis of any actual or expected health        3,424        

condition of the employee or dependent.  However, a carrier may    3,425        

exclude a late enrollee for a period of up to twenty-four months   3,426        

or may, in the discretion of the carrier, extend coverage to the   3,427        

late enrollee at any time during that period.  A carrier also may  3,428        

medically underwrite a late enrollee.                              3,429        

      If, prior to the effective date of this amendment NOVEMBER   3,432        

24, 1995, a carrier excluded an eligible employee or dependent,    3,433        

other than a late enrollee, on the basis of an actual or expected  3,434        

health condition, the carrier shall, upon the initial renewal of   3,435        

                                                          74     

                                                                 
the coverage on or after that date, extend coverage to the         3,436        

employee or dependent if all other eligibility requirements are    3,437        

met.                                                                            

      (G)(D)  No health benefit plan issued by a carrier shall     3,440        

limit or exclude, by use of a rider or amendment applicable to a                

specific individual, coverage by type of illness, treatment,       3,442        

medical condition, or accident, except for pre-existing            3,443        

conditions as permitted under division (A) of this section.  If a  3,444        

health benefit plan that is delivered or issued for delivery       3,446        

prior to April 14, 1993, contains such limitations or exclusions,  3,448        

by use of a rider or amendment applicable to a specific            3,449        

individual, the plan shall eliminate the use of such riders or     3,450        

amendments within eighteen months after April 14, 1993.            3,451        

      (H)(E)(1)  EXCEPT AS PROVIDED IN SECTIONS 3924.031 AND       3,454        

3924.032 OF THE REVISED CODE, AND SUBJECT TO SUCH RULES AS MAY BE  3,457        

ADOPTED BY THE SUPERINTENDENT OF INSURANCE IN ACCORDANCE WITH      3,458        

CHAPTER 119. OF THE REVISED CODE, A CARRIER SHALL OFFER AND MAKE   3,459        

AVAILABLE EVERY HEALTH BENEFIT PLAN THAT IT IS ACTIVELY MARKETING  3,460        

TO EVERY SMALL EMPLOYER THAT APPLIES TO THE CARRIER FOR SUCH       3,461        

COVERAGE.                                                                       

      DIVISION (E)(1) OF THIS SECTION DOES NOT APPLY TO A HEALTH   3,464        

BENEFIT PLAN THAT A CARRIER MAKES AVAILABLE IN THE SMALL EMPLOYER  3,465        

MARKET ONLY THROUGH ONE OR MORE BONA FIDE ASSOCIATIONS.            3,466        

      DIVISION (E)(1) OF THIS SECTION SHALL NOT BE CONSTRUED TO    3,469        

PRECLUDE A CARRIER FROM ESTABLISHING EMPLOYER CONTRIBUTION RULES   3,470        

OR GROUP PARTICIPATION RULES FOR THE OFFERING OF COVERAGE IN       3,471        

CONNECTION WITH A GROUP HEALTH BENEFIT PLAN IN THE SMALL EMPLOYER  3,472        

MARKET, AS ALLOWED UNDER THE LAW OF THIS STATE.  AS USED IN        3,473        

DIVISION (E)(1) OF THIS SECTION, "EMPLOYER CONTRIBUTION RULE"      3,475        

MEANS A REQUIREMENT RELATING TO THE MINIMUM LEVEL OR AMOUNT OF     3,476        

EMPLOYER CONTRIBUTION TOWARD THE PREMIUM FOR ENROLLMENT OF         3,477        

EMPLOYEES AND DEPENDENTS AND "GROUP PARTICIPATION RULE" MEANS A    3,478        

REQUIREMENT RELATING TO THE MINIMUM NUMBER OF EMPLOYEES OR         3,479        

DEPENDENTS THAT MUST BE ENROLLED IN RELATION TO A SPECIFIED        3,480        

                                                          75     

                                                                 
PERCENTAGE OR NUMBER OF ELIGIBLE INDIVIDUALS OR EMPLOYEES OF AN    3,481        

EMPLOYER.                                                                       

      (2)  Each health benefit plan, at the time of initial group  3,483        

enrollment, shall make coverage available to all the eligible      3,484        

employees of a small employer without a service waiting period.    3,485        

The decision of whether to impose a service waiting period shall   3,487        

be made by the small employer.  Such waiting periods shall not be  3,488        

greater than ninety days.                                          3,489        

      (3)  EACH HEALTH BENEFIT PLAN SHALL PROVIDE FOR THE SPECIAL  3,492        

ENROLLMENT PERIODS DESCRIBED IN SECTION 2701(f) OF THE "HEALTH     3,495        

INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996."             3,498        

      (I)(F)  The benefit structure of any health benefit plan     3,501        

may, AT THE TIME OF COVERAGE RENEWAL, be changed by the carrier    3,503        

to make it consistent with the benefit structure contained in      3,504        

health benefit plans being marketed to new small employer groups.  3,505        

IF THE HEALTH BENEFIT PLAN IS AVAILABLE IN THE SMALL EMPLOYER      3,507        

MARKET OTHER THAN ONLY THROUGH ONE OR MORE BONA FIDE                            

ASSOCIATIONS, THE MODIFICATION MUST BE CONSISTENT WITH THE LAW OF  3,509        

THIS STATE AND EFFECTIVE ON A UNIFORM BASIS AMONG SMALL EMPLOYER   3,510        

GROUP PLANS.                                                                    

      (J)(G)  A carrier may obtain any facts and information       3,512        

necessary to apply this section, or supply those facts and         3,513        

information to any other third-party payer, without the consent    3,514        

of the beneficiary.  Each person claiming benefits under a health  3,515        

benefit plan shall provide any facts and information necessary to  3,516        

apply this section.                                                3,517        

      FOR PURPOSES OF THIS SECTION, "BONA FIDE ASSOCIATION" MEANS  3,520        

AN ASSOCIATION THAT HAS BEEN ACTIVELY IN EXISTENCE FOR AT LEAST    3,521        

FIVE YEARS; HAS BEEN FORMED AND MAINTAINED IN GOOD FAITH FOR       3,522        

PURPOSES OTHER THAN OBTAINING INSURANCE; DOES NOT CONDITION        3,523        

MEMBERSHIP IN THE ASSOCIATION ON ANY HEALTH STATUS-RELATED         3,524        

FACTOR, AS DEFINED IN SECTION 3924.031 OF THE REVISED CODE,        3,526        

RELATING TO AN INDIVIDUAL, INCLUDING AN EMPLOYEE OR DEPENDENT;     3,527        

MAKES HEALTH INSURANCE COVERAGE OFFERED THROUGH THE ASSOCIATION    3,528        

                                                          76     

                                                                 
AVAILABLE TO ALL MEMBERS REGARDLESS OF ANY HEALTH STATUS-RELATED   3,529        

FACTOR, AS DEFINED IN SECTION 3924.031 OF THE REVISED CODE,        3,532        

RELATING TO SUCH MEMBERS OR TO INDIVIDUALS ELIGIBLE FOR COVERAGE   3,533        

THROUGH A MEMBER; DOES NOT MAKE HEALTH INSURANCE COVERAGE OFFERED  3,534        

THROUGH THE ASSOCIATION AVAILABLE OTHER THAN IN CONNECTION WITH A  3,535        

MEMBER OF THE ASSOCIATION; AND MEETS ANY OTHER REQUIREMENT         3,536        

IMPOSED BY THE SUPERINTENDENT.  TO MAINTAIN ITS STATUS AS A "BONA  3,537        

FIDE ASSOCIATION," EACH ASSOCIATION SHALL ANNUALLY CERTIFY TO THE  3,538        

SUPERINTENDENT THAT IT MEETS THE REQUIREMENTS OF THIS PARAGRAPH.   3,539        

      Sec. 3924.031.  (A)  AS USED IN THIS SECTION AND SECTION     3,542        

3924.032 OF THE REVISED CODE:                                      3,544        

      (1)  "HEALTH STATUS-RELATED FACTOR" MEANS ANY OF THE         3,546        

FOLLOWING:                                                         3,547        

      (a)  HEALTH STATUS;                                          3,549        

      (b)  MEDICAL CONDITION, INCLUDING BOTH PHYSICAL AND MENTAL   3,552        

ILLNESSES;                                                                      

      (c)  CLAIMS EXPERIENCE;                                      3,554        

      (d)  RECEIPT OF HEALTH CARE;                                 3,556        

      (e)  MEDICAL HISTORY;                                        3,558        

      (f)  GENETIC INFORMATION;                                    3,560        

      (g)  EVIDENCE OF INSURABILITY, INCLUDING CONDITIONS ARISING  3,563        

OUT OF ACTS OF DOMESTIC VIOLENCE;                                               

      (h)  DISABILITY.                                             3,565        

      (2)  "NETWORK PLAN" MEANS A HEALTH BENEFIT PLAN OF A         3,567        

CARRIER UNDER WHICH THE FINANCING AND DELIVERY OF MEDICAL CARE,    3,568        

INCLUDING ITEMS AND SERVICES PAID FOR AS MEDICAL CARE, ARE         3,569        

PROVIDED, IN WHOLE OR IN PART, THROUGH A DEFINED SET OF PROVIDERS  3,571        

UNDER CONTRACT WITH THE CARRIER.                                                

      (B)  IF A CARRIER OFFERS A HEALTH BENEFIT PLAN IN THE SMALL  3,574        

EMPLOYER MARKET THROUGH A NETWORK PLAN, THE CARRIER MAY DO BOTH    3,575        

OF THE FOLLOWING:                                                               

      (1)  LIMIT THE SMALL EMPLOYERS THAT MAY APPLY FOR SUCH       3,577        

COVERAGE TO THOSE WITH ELIGIBLE EMPLOYEES WHO LIVE, WORK, OR       3,578        

RESIDE IN THE SERVICE AREA OF THE NETWORK PLAN;                    3,579        

                                                          77     

                                                                 
      (2)  WITHIN THE SERVICE AREA OF THE NETWORK PLAN, DENY THE   3,581        

COVERAGE TO SMALL EMPLOYERS IF THE CARRIER HAS DEMONSTRATED BOTH   3,582        

OF THE FOLLOWING TO THE SUPERINTENDENT OF INSURANCE:               3,583        

      (a)  THE CARRIER WILL NOT HAVE THE CAPACITY TO DELIVER       3,586        

SERVICES ADEQUATELY TO THE MEMBERS OF ANY ADDITIONAL GROUPS        3,587        

BECAUSE OF THE CARRIER'S OBLIGATIONS TO EXISTING GROUP CONTRACT    3,588        

HOLDERS AND MEMBERS.                                                            

      (b)  THE CARRIER IS APPLYING DIVISION (B)(2) OF THIS         3,591        

SECTION UNIFORMLY TO ALL SMALL EMPLOYERS WITHOUT REGARD TO THE     3,592        

CLAIMS EXPERIENCE OF THOSE EMPLOYERS AND THEIR ELIGIBLE EMPLOYEES  3,593        

AND DEPENDENTS OR TO ANY HEALTH STATUS-RELATED FACTOR RELATING TO  3,594        

SUCH EMPLOYEES AND DEPENDENTS.                                     3,595        

      (C)  A CARRIER THAT, PURSUANT TO DIVISION (B)(2) OF THIS     3,599        

SECTION, DENIES COVERAGE TO A SMALL EMPLOYER IN THE SERVICE AREA   3,600        

OF A NETWORK PLAN, SHALL NOT OFFER COVERAGE IN THE SMALL EMPLOYER  3,601        

MARKET WITHIN THAT SERVICE AREA FOR AT LEAST ONE HUNDRED EIGHTY    3,602        

DAYS AFTER THE DATE THE COVERAGE IS DENIED.                        3,603        

      Sec. 3924.032.  (A)  A CARRIER MAY REFUSE TO ISSUE HEALTH    3,606        

BENEFIT PLANS IN THE SMALL EMPLOYER MARKET IF THE CARRIER HAS      3,607        

DEMONSTRATED BOTH OF THE FOLLOWING TO THE SUPERINTENDENT OF        3,608        

INSURANCE:                                                                      

      (1)  THE CARRIER DOES NOT HAVE THE FINANCIAL RESERVES        3,610        

NECESSARY TO UNDERWRITE ADDITIONAL COVERAGE.                       3,611        

      (2) THE CARRIER IS APPLYING DIVISION (A) OF THIS SECTION     3,614        

UNIFORMLY TO ALL EMPLOYERS IN THE SMALL EMPLOYER MARKET IN THIS    3,615        

STATE CONSISTENT WITH THE APPLICABLE LAWS AND RULES OF THIS STATE  3,616        

AND WITHOUT REGARD TO THE CLAIMS EXPERIENCE OF THOSE EMPLOYERS     3,617        

AND THEIR EMPLOYEES AND DEPENDENTS OR TO ANY HEALTH                3,618        

STATUS-RELATED FACTOR RELATING TO SUCH EMPLOYEES AND DEPENDENTS.   3,619        

      (B)  A CARRIER THAT, PURSUANT TO DIVISION (A) OF THIS        3,623        

SECTION, REFUSES TO ISSUE HEALTH BENEFIT PLANS IN THE SMALL                     

EMPLOYER MARKET, SHALL NOT OFFER HEALTH BENEFIT PLANS IN THE       3,624        

SMALL EMPLOYER MARKET IN THIS STATE FOR AT LEAST ONE HUNDRED       3,625        

EIGHTY DAYS AFTER THE DATE THE COVERAGE IS DENIED OR UNTIL THE     3,626        

                                                          78     

                                                                 
CARRIER HAS DEMONSTRATED TO THE SUPERINTENDENT THAT THE CARRIER    3,627        

HAS SUFFICIENT FINANCIAL RESERVES TO UNDERWRITE ADDITIONAL         3,628        

COVERAGE, WHICHEVER IS LATER.                                      3,629        

      (C)  THE SUPERINTENDENT MAY PROVIDE FOR THE APPLICATION OF   3,632        

THIS SECTION ON A SERVICE-AREA-SPECIFIC BASIS.                     3,633        

      Sec. 3924.033.  (A)  EACH CARRIER, IN CONNECTION WITH THE    3,636        

OFFERING OF A HEALTH BENEFIT PLAN TO A SMALL EMPLOYER, SHALL       3,637        

DISCLOSE TO THE EMPLOYER, AS PART OF ITS SOLICITATION AND SALES    3,638        

MATERIALS, THAT THE INFORMATION DESCRIBED IN DIVISION (B) OF THIS  3,639        

SECTION IS AVAILABLE UPON REQUEST.                                 3,640        

      (B)  A CARRIER SHALL PROVIDE THE FOLLOWING INFORMATION TO A  3,643        

SMALL EMPLOYER UPON REQUEST:                                       3,644        

      (1)  THE PROVISIONS OF THE PLAN CONCERNING THE CARRIER'S     3,647        

RIGHT TO CHANGE PREMIUM RATES AND THE FACTORS THAT MAY AFFECT      3,648        

CHANGES IN PREMIUM RATES;                                                       

      (2)  THE PROVISIONS OF THE PLAN RELATING TO RENEWABILITY OF  3,651        

COVERAGE;                                                                       

      (3)  THE PROVISIONS OF THE PLAN RELATING TO ANY              3,653        

PRE-EXISTING CONDITION EXCLUSION;                                  3,654        

      (4)  THE BENEFITS AND PREMIUMS AVAILABLE UNDER ALL HEALTH    3,657        

BENEFIT PLANS FOR WHICH THE EMPLOYER IS QUALIFIED.                              

      (C)  THE INFORMATION DESCRIBED IN DIVISION (B) OF THIS       3,661        

SECTION SHALL BE PROVIDED IN A MANNER DETERMINED TO BE                          

UNDERSTANDABLE BY THE AVERAGE SMALL EMPLOYER, AND IN A MANNER      3,662        

SUFFICIENT TO REASONABLY INFORM A SMALL EMPLOYER REGARDING THE     3,663        

EMPLOYER'S RIGHTS AND OBLIGATIONS UNDER THE HEALTH BENEFIT PLAN.   3,665        

      (D)  NOTHING IN THIS SECTION REQUIRES A CARRIER TO DISCLOSE  3,668        

ANY INFORMATION THAT IS BY LAW PROPRIETARY AND TRADE SECRET        3,669        

INFORMATION.                                                                    

      Sec. 3924.07.  (A)  There is hereby established a nonprofit  3,678        

entity to be known as the "Ohio small employer health reinsurance  3,680        

program."  Any carrier issuing health benefit plans in this state  3,681        

on or after April 14, 1993, may be a member of the program.        3,682        

      (B)  A carrier may elect to be a member of the program by    3,684        

                                                          79     

                                                                 
filing a written intention to participate with the superintendent  3,686        

of insurance at least thirty days prior to the implementation of   3,687        

the program.  Any carrier that does not file a written intention   3,688        

to participate within that time period may not participate for     3,689        

three years after April 14, 1993, and may file an intention to     3,691        

participate only at that time or on any subsequent three-year      3,692        

anniversary date.  However, the superintendent may permit a        3,693        

carrier to participate in the program at other intervals for       3,694        

reasons based on financial solvency.                                            

      (C)  THE BOARD OF DIRECTORS OF THE PROGRAM MAY PERMIT A      3,696        

CARRIER TO PARTICIPATE IN THE PROGRAM AT ANY TIME FOR GOOD CAUSE   3,697        

SHOWN.  THE BOARD SHALL ESTABLISH AN APPLICATION PROCESS FOR       3,698        

CARRIERS SEEKING TO CHANGE THEIR STATUS UNDER THIS DIVISION.       3,699        

      Sec. 3924.08.  (A)  The board of directors of the Ohio       3,708        

small employer health reinsurance program shall consist of nine    3,709        

appointed members who shall serve staggered terms as determined    3,710        

by the initial board for its members and by the plan of operation  3,711        

of the program for members of subsequent boards.  Within thirty    3,712        

days after April 14, 1993, the members of the board shall be       3,713        

appointed, as follows:                                             3,714        

      (1)  The chairperson of the senate committee having          3,716        

jurisdiction over insurance shall appoint the following members:   3,717        

      (a)  Two member carriers that are small employer carriers;   3,719        

      (b)  One member carrier that is a health maintenance         3,721        

organization predominantly in the small employer market;           3,722        

      (c)  One representative of providers of health care.         3,724        

      (2)  The chairperson of the committee in the house of        3,726        

representatives having jurisdiction over insurance shall appoint   3,727        

the following members:                                             3,728        

      (a)  One member carrier that is a small employer carrier;    3,730        

      (b)  One member carrier whose principal health insurance     3,732        

business is in the large employer market;                          3,733        

      (c)  One representative of an employer with fifty or fewer   3,735        

employees;                                                         3,736        

                                                          80     

                                                                 
      (d)  One representative of consumers in this state.          3,738        

      (3)  The superintendent OF INSURANCE shall appoint a         3,740        

representative of a member carrier operating in the small          3,742        

employer market who is a fellow of the society of actuaries.       3,743        

      The superintendent, a member of the house of                 3,745        

representatives appointed by the speaker of the house of           3,746        

representatives, and a member of the senate appointed by the       3,747        

president of the senate, shall be ex-officio members of the        3,748        

board.  The membership of all boards subsequent to the initial     3,749        

board shall reflect the distribution described in division (A) of  3,751        

this section.                                                                   

      The chairperson of the initial board and each subsequent     3,753        

board shall represent a small employer member carrier and shall    3,754        

be elected by a majority of the voting members of the board.       3,755        

Each chairperson shall serve for the maximum duration established  3,756        

in the plan of operation.                                          3,757        

      (B)  Within one hundred eighty days after the appointment    3,759        

of the initial board, the board shall establish a plan of          3,760        

operation and, thereafter, any amendments to the plan that are     3,761        

necessary or suitable, to assure the fair, reasonable, and         3,762        

equitable administration of the program.  The board shall,         3,763        

immediately upon adoption, provide to the superintendent copies    3,764        

of the plan of operation and all subsequent amendments to it.      3,765        

      (C)  The plan of operation shall establish rules,            3,767        

conditions, and procedures for all of the following:               3,768        

      (1)  The handling and accounting of assets and moneys of     3,770        

the program and for an annual fiscal reporting to the              3,771        

superintendent;                                                    3,772        

      (2)  Filling vacancies on the board;                         3,774        

      (3)  Selecting an administering insurer, which shall be a    3,776        

carrier as defined in section 3924.01 of the Revised Code, and     3,777        

setting forth the powers and duties of the administering insurer;  3,778        

      (4)  Reinsuring risks in accordance with sections 3924.07    3,780        

to 3924.14 of the Revised Code;                                    3,781        

                                                          81     

                                                                 
      (5)  Collecting assessments subject to section 3924.13 of    3,783        

the Revised Code from all members to provide for claims reinsured  3,784        

by the program and for administrative expenses incurred or         3,785        

estimated to be incurred during the period for which the           3,786        

assessment is made;                                                3,787        

      (6)  Providing protection for carriers from the financial    3,789        

risk associated with small employers that present poor credit      3,790        

risks;                                                             3,791        

      (7)  Establishing standards for the coverage of small        3,793        

employers that have a high turnover of employees;                  3,794        

      (8)  Establishing an appeals process for carriers to seek    3,796        

relief when a carrier has experienced an unfair share of           3,797        

administrative and credit risks;                                   3,798        

      (9)  Establishing the adjusted average market premium        3,800        

prices for use by the SEHC plan for INDIVIDUALS, FOR groups of     3,802        

two to twenty-five employees, and for groups of twenty-six to      3,803        

fifty employees that are offered in the state;                     3,804        

      (10)  Establishing participation standards at issue and      3,806        

renewal for reinsured cases;                                       3,807        

      (11)  Reinsuring risks and collecting assessments in         3,809        

accordance with division (G) of section 3924.11 of the Revised     3,810        

Code;                                                              3,811        

      (12)  Any additional matters as determined by the board.     3,813        

      Sec. 3924.09.  The Ohio small employer health reinsurance    3,822        

program shall have the general powers and authority granted under  3,823        

the laws of the state to insurance companies licensed to transact  3,824        

sickness and accident insurance, except the power to issue         3,825        

insurance.  The board of directors of the program also shall have  3,826        

the specific authority to do all of the following:                 3,827        

      (A)  Enter into contracts as are necessary or proper to      3,829        

carry out the provisions and purposes of sections 3924.07 to       3,830        

3924.14 of the Revised Code, including the authority to enter      3,831        

into contracts with similar programs of other states for the       3,832        

joint performance of common functions, or with persons or other    3,833        

                                                          82     

                                                                 
organizations for the performance of administrative functions;     3,834        

      (B)  Sue or be sued, including taking any legal actions      3,836        

necessary or proper for recovery of any assessments for, on        3,837        

behalf of, or against any program or board member;                 3,838        

      (C)  Take such legal action as is necessary to avoid the     3,840        

payment of improper claims against the program;                    3,841        

      (D)  Design the SEHC plan which, when offered by a carrier,  3,843        

is eligible for reinsurance and issue reinsurance policies in      3,844        

accordance with the requirements of sections 3924.07 to 3924.14    3,845        

of the Revised Code;                                               3,846        

      (E)  Establish rules, conditions, and procedures pertaining  3,848        

to the reinsurance of members' risks by the program;               3,849        

      (F)  Establish appropriate rates, rate schedules, rate       3,851        

adjustments, rate classifications, and any other actuarial         3,852        

functions appropriate to the operation of the program;             3,853        

      (G)  Assess members in accordance with division (G) of       3,856        

section 3924.11 and the provisions of section 3924.13 of the       3,857        

Revised Code, and make such advance interim assessments as may be  3,858        

reasonable and necessary for organizational and interim operating  3,859        

expenses.  Any interim assessments shall be credited as offsets    3,860        

against any regular assessments due following the close of the     3,861        

calendar year.                                                                  

      (H)  Appoint members to appropriate legal, actuarial, and    3,863        

other committees if necessary to provide technical assistance      3,864        

with respect to the operation of the program, policy and other     3,865        

contract design, and any other function within the authority of    3,866        

the program;                                                       3,867        

      (I)  Borrow money to effect the purposes of the program.     3,869        

Any notes or other evidence of indebtedness of the program not in  3,870        

default shall be legal investments for carriers and may be         3,871        

carried as admitted assets.                                        3,872        

      (J)  Reinsure risks, collect assessments, and otherwise      3,874        

carry out its duties under division (G) of section 3924.11 of the  3,875        

Revised Code.;                                                     3,876        

                                                          83     

                                                                 
      (K)  Study the operation of the Ohio small employer health   3,879        

reinsurance program and the open enrollment reinsurance program    3,880        

and, based on its findings, make legislative recommendations to    3,881        

the general assembly for improvements in the effectiveness,        3,882        

operation, and integrity of the programs;                                       

      (L)  DESIGN A BASIC AND STANDARD PLAN FOR PURPOSES OF        3,884        

SECTIONS 1751.16, 3923.122, AND 3923.581 OF THE REVISED CODE.      3,885        

      Sec. 3924.10.  (A)  The board of directors of the Ohio       3,894        

small employer health reinsurance program shall design the SEHC    3,895        

plan which, when offered by a carrier, is eligible for             3,896        

reinsurance under the program.  The board shall establish the      3,897        

form and level of coverage to be made available by carriers in     3,898        

their SEHC plan.  In designing the plan the board shall also       3,900        

establish benefit levels, deductibles, coinsurance factors,                     

exclusions, and limitations for the plan.  The forms and levels    3,901        

of coverage established by the board shall specify which           3,902        

components of a health benefit plan offered by a small employer    3,903        

carrier may be reinsured.  The SEHC plan is subject to division    3,905        

(C) of section 3924.02 of the Revised Code and to the provisions   3,906        

in Chapters 1751., 3923., and any other chapter of the Revised     3,908        

Code that require coverage or the offer of coverage of a health    3,909        

care service or benefit.                                                        

      (B)  The board shall adopt the SEHC plan within one hundred  3,912        

eighty days after its appointment.  The plan may include cost      3,913        

containment features including any of the following:                            

      (1)  Utilization review of health care services, including   3,915        

review of the medical necessity of hospital and physician          3,916        

services;                                                          3,917        

      (2)  Case management benefit alternatives;                   3,919        

      (3)  Selective contracting with hospitals, physicians, and   3,921        

other health care providers;                                       3,922        

      (4)  Reasonable benefit differentials applicable to          3,924        

participating and nonparticipating providers;                      3,925        

      (5)  Employee assistance program options that provide        3,927        

                                                          84     

                                                                 
preventive and early intervention mental health and substance      3,928        

abuse services;                                                    3,929        

      (6)  Other provisions for the cost-effective management of   3,931        

the plan.                                                          3,932        

      (C)  An SEHC plan established for use by health insuring     3,935        

corporations shall be consistent with the basic method of          3,937        

operation of such corporations.                                                 

      (D)  Each carrier shall certify to the superintendent of     3,939        

insurance, in the form and manner prescribed by the                3,940        

superintendent, that the SEHC plan filed by the carrier is in      3,942        

substantial compliance with the provisions of the board SEHC       3,943        

plan.  Upon receipt by the superintendent of the certification,    3,944        

the carrier may use the certified plan.                                         

      (E)  Each carrier shall, on and after sixty days after the   3,946        

date that the program becomes operational and as a condition of    3,947        

transacting business in this state, renew coverage provided to     3,948        

any individual or group under its SEHC plan.                       3,949        

      (F)  A carrier shall not be required to renew coverage       3,951        

where the superintendent finds that renewal of coverage would      3,952        

place the carrier in a financially impaired condition.  The        3,953        

superintendent shall determine when the carrier is no longer       3,954        

financially impaired and is, therefore, subject to the guaranteed  3,955        

renewability requirements.                                         3,956        

      Sec. 3924.11.  Any member of the Ohio small employer health  3,965        

reinsurance program may reinsure small employer groups or          3,966        

individuals in accordance with the following conditions and        3,967        

limitations:                                                       3,968        

      (A)  With respect to eligible employees and their            3,970        

dependents who are hired subsequent to the commencement of the     3,971        

employer's coverage by a carrier and who are not late enrollees,   3,972        

and with respect to employees of an employer who are otherwise     3,973        

eligible for insurance but were excluded by the carrier's          3,974        

underwriting and who are not late enrollees, coverage may be       3,975        

reinsured in either ANY of the following ways:                     3,976        

                                                          85     

                                                                 
      (1)  Except in the case of late enrollees, within sixty      3,978        

days after the commencement of their coverage under the plan;      3,979        

      (2)  In the case of late enrollees WHO WERE NOT ELIGIBLE TO  3,982        

ENROLL DURING A SPECIAL ENROLLMENT PERIOD DESCRIBED IN SECTION     3,983        

2701(f) OF THE "HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY    3,986        

ACT OF 1996," PUB. L. NO. 104-191, 110 STAT. 1955, 42 U.S.C.A.     3,988        

300gg-42, AS AMENDED, eighteen months after the date the late      3,990        

enrollee becomes a member of the small employer's plan;            3,991        

      (3)  IN THE CASE OF LATE ENROLLEES WHO WERE ELIGIBLE TO      3,993        

ENROLL DURING A SPECIAL ENROLLMENT PERIOD DESCRIBED IN SECTION     3,995        

2701(f) OF THE "HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY    3,998        

ACT OF 1996," AS AMENDED, WITHIN SIXTY DAYS AFTER THE              3,999        

COMMENCEMENT OF THEIR COVERAGE UNDER THE PLAN.                     4,000        

      (B)(1)  The carrier may reinsure either the entire eligible  4,003        

group or any eligible individual, in accordance with the premium   4,005        

rates established in section 3924.12 of the Revised Code, upon     4,007        

commencement of the coverage.                                                   

      (2)  The carrier may reinsure an eligible employee, or the   4,010        

dependents of an eligible employee, who were previously excluded   4,011        

from group coverage for medical reasons, and shall reinsure such   4,012        

employees or dependents within sixty days after the carrier is     4,013        

required to include them in the group coverage.                                 

      (C)  With respect to an SEHC plan, the program shall         4,016        

reinsure the level of coverage provided.                                        

      (D)  With respect to other plans issued to small employers,  4,018        

the program shall reinsure the level of coverage provided up to,   4,019        

but not exceeding, the level of coverage provided in an SEHC       4,020        

plan.  In the coverage provided to small employers, carriers       4,021        

shall be required to use high-cost care management, hospital       4,022        

precertification techniques, and other cost containment            4,023        

mechanisms established by the program.                             4,024        

      (E)  A carrier may not reinsure existing business, except    4,026        

pursuant to division (A) of this section.                          4,027        

      (F)  If an employer group is covered under a plan other      4,029        

                                                          86     

                                                                 
than an SEHC plan and the carrier chooses to reinsure the group    4,030        

subsequent to the initial coverage period, or if a new individual  4,031        

joins the group and the carrier wants to reinsure that             4,032        

individual, the carrier shall not force the employer to change to  4,034        

an SEHC plan.  The carrier shall allow the employer to maintain    4,035        

the same benefit plan and reinsure only that portion of the plan   4,036        

that is consistent with an SEHC plan.                                           

      (G)  With respect to coverage provided to a small employer   4,038        

group or AN individual acquired under section 3923.58 OR A         4,039        

FEDERALLY ELIGIBLE INDIVIDUAL ACQUIRED UNDER SECTION 3923.581 of   4,040        

the Revised Code, the following conditions and limitations apply:  4,042        

      (1)  Within sixty days after the commencement of the         4,045        

initial coverage, any carrier may reinsure coverage of an entire   4,046        

small employer group, or of eligible employees or dependents of    4,047        

such group, or any SUCH AN individual acquired under section       4,048        

3923.58 of the Revised Code with the OPEN ENROLLMENT REINSURANCE   4,050        

program IN ACCORDANCE WITH DIVISION (G) OF THIS SECTION.  A        4,052        

carrier may reinsure, within sixty days after the effective date   4,054        

of coverage, an employee eligible for coverage under section       4,056        

3923.58 of the Revised Code.  Premium rates charged for coverage   4,057        

reinsured by the program shall be established in accordance with   4,058        

section 3924.12 of the Revised Code.                               4,059        

      (2)  The board of directors of the OHIO HEALTH REINSURANCE   4,062        

program shall establish the open enrollment reinsurance fund for   4,063        

coverage provided under section 3923.58 of the Revised Code AND,   4,064        

WITH RESPECT TO FEDERALLY ELIGIBLE INDIVIDUALS, COVERAGE PROVIDED  4,066        

UNDER SECTION 3923.581 OF THE REVISED CODE.  The fund shall be     4,067        

maintained separately from any reinsurance fund established for    4,068        

small employer health care plans issued pursuant to sections                    

3924.07 to 3924.14 of the Revised Code.  The board shall           4,069        

calculate, on a retrospective basis, the amount needed for         4,070        

maintenance of the open enrollment reinsurance fund and, on the    4,071        

basis of that calculation, shall determine the amount to be        4,072        

assessed each carrier that is required to provide open enrollment  4,073        

                                                          87     

                                                                 
coverage.                                                          4,074        

      Assessments shall be apportioned by the board among all      4,076        

carriers participating in the open enrollment reinsurance program  4,077        

in proportion to their respective shares of the total premiums,    4,078        

net of reinsurance premiums paid by a carrier for open enrollment  4,079        

coverage and net of reinsurance premiums paid by the carrier for   4,080        

all other small group and individual health benefit plans, earned  4,081        

in this state from all health benefit plans covering small         4,082        

employers and individuals that are issued by all such carriers     4,083        

during the calendar year coinciding with or ending during the      4,084        

fiscal year of the open enrollment program, or on any other        4,085        

equitable basis reflecting coverage of small employers and         4,086        

individuals in this state as may be provided in the plan of        4,087        

operation adopted by the board.  In no event shall the assessment  4,088        

of any carrier under this section exceed, on an annual basis,      4,090        

three per cent of its Ohio premiums for health benefit plans       4,091        

covering small employers and individuals as reported on its most   4,092        

recent annual statement filed with the superintendent of           4,093        

insurance.                                                                      

      The board shall submit its determination of the amount of    4,095        

the assessment to the superintendent for review of the accuracy    4,097        

of the calculation of the assessment.  Upon approval by the        4,098        

superintendent, each carrier shall, within thirty days after       4,099        

receipt of the notice of assessment, submit the assessment to the  4,100        

board for purposes of the open enrollment reinsurance fund.        4,101        

      (3)  If the assessments made and collected pursuant to       4,103        

division (G)(2) of this section are not sufficient to pay the      4,104        

claims reinsured under division (G) of this section and the        4,105        

allocated administrative expenses, incurred or estimated to be     4,106        

incurred during the period for which the assessment was made, the  4,107        

secretary of the board shall immediately notify the                4,108        

superintendent, and the superintendent shall suspend the           4,109        

operation of open enrollment under section 3923.58 of the Revised  4,110        

Code AND, WITH RESPECT TO FEDERALLY ELIGIBLE INDIVIDUALS, UNDER    4,111        

                                                          88     

                                                                 
SECTION 3923.581 OF THE REVISED CODE until the board has           4,112        

collected in subsequent years through assessments made pursuant    4,113        

to division (G)(2) of this section an amount sufficient to pay     4,114        

such claims and administrative expenses.                                        

      (4)(a)  Any carrier that is subject to open enrollment       4,116        

under section 3923.58 of the Revised Code may elect not to         4,118        

participate in the open enrollment reinsurance program under       4,119        

division (G) of this section by filing an application with the     4,120        

superintendent and obtaining the superintendent's approval.  In    4,121        

determining whether to approve an application, the superintendent  4,122        

shall consider whether the carrier meets all of the following      4,123        

standards:                                                         4,124        

      (i)  Demonstration by the carrier of a substantial and       4,126        

established market presence;                                       4,127        

      (ii)  Demonstrated experience in the small employer group    4,129        

INDIVIDUAL market and history of rating and underwriting small     4,130        

employer groups INDIVIDUAL PLANS;                                  4,132        

      (iii)  Commitment to comply with the requirements of         4,134        

section 3923.58 of the Revised Code;                               4,135        

      (iv)  Financial ability to assume and manage the risk of     4,137        

enrolling open enrollment groups and individuals without the need  4,138        

for, or protection of, reinsurance.                                4,139        

      (b)  A carrier whose application for nonparticipation has    4,141        

been rejected by the superintendent may appeal the decision in     4,142        

accordance with Chapter 119. of the Revised Code.  A carrier that  4,143        

has received approval of the superintendent not to participate in  4,144        

the open enrollment reinsurance program shall, on or before the    4,145        

first day of December, annually certify to the superintendent      4,146        

that it continues to meet the standards described in division      4,147        

(G)(4)(a) of this section.                                         4,148        

      (c)  In any year subsequent to the year in which its         4,150        

application not to participate has been approved, a carrier may    4,151        

elect to participate in the open enrollment reinsurance program    4,152        

by giving notice to the superintendent and board on or before the  4,153        

                                                          89     

                                                                 
thirty-first day of December.  If, after a period of               4,154        

nonparticipation, a carrier elects to participate in the open      4,155        

enrollment reinsurance program, the carrier retains the risks it   4,156        

assumed during the period when it was not participating.           4,157        

      (d)  The superintendent may, at any time, authorize a        4,159        

carrier to modify an election not to participate if the risk from  4,160        

the carrier's open enrollment business jeopardizes the financial   4,161        

condition of the carrier.  If the superintendent authorizes the    4,162        

carrier to again participate in the open enrollment reinsurance    4,163        

program, the carrier shall retain the risks it assumed during the  4,164        

period of nonparticipation.                                        4,165        

      (5)  At the time of acquiring a small employer group, a      4,167        

carrier shall determine whether to reinsure the entire group or    4,168        

any individual pursuant to section 3924.12 of the Revised Code.    4,169        

      (6)(a)  The open enrollment reinsurance program shall be     4,172        

operated separately from the Ohio small employer health            4,173        

reinsurance program.                                                            

      (b)  A carrier's election to participate in the open         4,175        

enrollment reinsurance program under division (G) of this section  4,177        

shall not be construed as an election to participate in the Ohio   4,178        

small employer health reinsurance program under section 3924.07    4,179        

of the Revised Code.                                                            

      Sec. 3924.111.  (A)  The Ohio small employer health          4,190        

reinsurance program shall not provide reinsurance for any          4,191        

individual reinsured under the program until five thousand         4,192        

dollars in benefit payments have been made by a member of the      4,193        

program for services provided to that individual during a                       

calendar year, which payments would have been reimbursed through   4,194        

the program but for the five-thousand-dollar deductible.  The      4,195        

member shall retain ten per cent of the next fifty thousand        4,196        

dollars of benefit payments made during that calendar year, and    4,197        

the program shall reinsure the remainder.  However, a member's     4,198        

maximum liability under this section with respect to any one       4,199        

individual reinsured under the program shall not exceed ten        4,200        

                                                          90     

                                                                 
thousand dollars in any one calendar year.                         4,201        

      (B)  The board of directors of the Ohio small employer       4,204        

health reinsurance program shall periodically review the           4,205        

deductible amount and the maximum liability amount set forth in    4,206        

division (A) of this section and, considering the rate of          4,207        

inflation, adjust each amount as the board considers necessary.    4,208        

      Sec. 3924.12.  (A)  Except as provided in division (B) of    4,217        

this section, premium rates charged for coverage reinsured by the  4,218        

Ohio small employer health reinsurance program shall be            4,219        

established as follows:                                            4,220        

      (1)  For whole group reinsurance coverage, one and one-half  4,222        

times the adjusted average market premium price established by     4,223        

the program for that classification or group with similar          4,224        

characteristics and coverage, with respect to the eligible         4,225        

employees of a small employer and their dependents, all of whose   4,226        

coverage is reinsured with the program, minus a ceding expense     4,227        

factor determined by the board of directors of the program;        4,228        

      (2)  For individual reinsurance coverage, five times the     4,230        

adjusted average market premium price established by the program   4,231        

for an individual in that classification or group with similar     4,232        

characteristics and coverage, with respect to an eligible          4,233        

employee or the employee's dependents, minus a ceding expense      4,235        

factor determined by the board.                                    4,236        

      (B)  Premium rates charged for reinsurance by the program    4,238        

to a health insuring corporation that is approved by the           4,240        

secretary of health and human services as a federally qualified    4,241        

health maintenance organization pursuant to the "Social Security   4,242        

Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and as     4,243        

such is subject to requirements that limit the amount of risk      4,244        

that may be ceded to the program, may be modified to reflect the   4,245        

portion of risk that may be ceded to the program.                  4,246        

      Sec. 3924.13.  (A)  Following the close of each calendar     4,255        

year, the administering insurer of the Ohio small employer health  4,256        

reinsurance program shall determine the net premiums, the program  4,257        

                                                          91     

                                                                 
expenses for administration, and the incurred losses, if any, for  4,258        

the year, taking into account investment income and other          4,259        

appropriate gains and losses.  For purposes of this section,       4,260        

health benefit plan premiums earned by MEWAs shall be established  4,261        

by adding paid claim losses and administrative expenses of the     4,262        

MEWA.  Health benefit plan premiums and benefits paid by a         4,264        

carrier that are less than an amount determined by the board of    4,265        

directors of the program to justify the cost of collection shall   4,266        

not be considered for purposes of determining assessments.  For    4,267        

purposes of this division, "net premiums" means health benefit     4,268        

plan premiums, less administrative expense allowances.                          

      (B)  Any net loss for the year shall be recouped first by    4,270        

assessments of carriers in accordance with this division.          4,271        

Assessments shall be apportioned by the board among all carriers   4,272        

participating in the program in proportion to their respective     4,273        

shares of the total premiums, net of reinsurance premiums paid     4,274        

for coverage under this program earned in the state from health    4,275        

benefit plans covering small employers that are issued by          4,276        

participating members during the calendar year coinciding with or  4,277        

ending during the fiscal year of the program, or on any other      4,278        

equitable basis reflecting coverage of small employers as may be   4,279        

provided in the plan of operation.  An assessment shall be made    4,280        

pursuant to this division against a health insuring corporation    4,281        

that is approved by the secretary of health and human services as  4,284        

a federally qualified health maintenance organization pursuant to  4,285        

the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,   4,286        

as amended, subject to an assessment adjustment formula adopted    4,287        

by the board for such health insuring corporations that            4,288        

recognizes the restrictions imposed on the entities by federal     4,290        

law.  The adjustment formula shall be adopted by the board prior   4,292        

to the first anniversary of the program's operation.  In no event  4,293        

shall the assessment made pursuant to this division exceed, on an  4,294        

annual basis, one per cent of the carrier's Ohio small employer    4,296        

group premium as reported on its most recent annual statement      4,297        

                                                          92     

                                                                 
filed with the superintendent of insurance.  If an excess is       4,298        

actuarially projected, the superintendent may take any action      4,299        

necessary to lower the assessment to the maximum level of one per  4,300        

cent.                                                                           

      (C)  If assessments exceed actual losses and administrative  4,302        

expenses of the program, the excess shall be held at interest and  4,303        

used by the board to offset future losses or to reduce program     4,304        

premiums.  As used in this division, "future losses" includes      4,305        

reserves for incurred but not reported claims.                     4,306        

      (D)  Each carrier's proportion of participation in the       4,308        

program shall be determined annually by the board based on annual  4,310        

statements and other reports deemed necessary by the board and     4,311        

filed by the carrier with the board.  MEWAs shall report to the    4,312        

board claims payments made and administrative expenses incurred    4,313        

in this state on an annual basis on a form prescribed by the       4,314        

superintendent.                                                                 

      (E)  Provision shall be made in the plan of operation for    4,316        

the imposition of an interest penalty for late payment of          4,317        

assessments.                                                       4,318        

      (F)  A carrier may seek from the superintendent a            4,320        

deferment, in whole or in part, from any assessment issued by the  4,321        

board.  The superintendent may defer, in whole or in part, the     4,322        

assessment of a carrier if, in the opinion of the superintendent,  4,323        

payment of the assessment would endanger the carrier's ability to  4,324        

fulfill its contractual obligations.                               4,325        

      (G)  In the event an assessment against a carrier is         4,327        

deferred in whole or in part, the amount by which the assessment   4,328        

is deferred may be assessed against the other carriers in a        4,329        

manner consistent with the basis for assessments set forth in      4,330        

this section.  In such event, the other carriers assessed shall    4,331        

have a claim in the amount of the assessment against the carrier   4,332        

receiving the deferment.  The carrier receiving the deferment      4,333        

shall remain liable to the program for the amount deferred.  The   4,334        

superintendent may attach appropriate conditions to any            4,335        

                                                          93     

                                                                 
deferment.                                                         4,336        

      Sec. 3924.14.  Neither the participation as members of the   4,345        

Ohio small employer health reinsurance program or as members of    4,346        

the board of directors of the program, the establishment of        4,348        

rates, forms, or procedures for coverage issued by the program,    4,349        

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  4,350        

legal action or any criminal or civil liability or penalty         4,351        

against the program, the board, or any of its members either       4,352        

jointly or separately.                                                          

      Sec. 3924.27.  (A)  AS USED IN THIS SECTION:                 4,355        

      (1)  "CARRIER," "DEPENDENT," AND "HEALTH BENEFIT PLAN" HAVE  4,357        

THE SAME MEANINGS AS IN SECTION 3924.01 OF THE REVISED CODE.       4,358        

      (2)  "HEALTH STATUS-RELATED FACTOR" MEANS ANY OF THE         4,360        

FOLLOWING:                                                         4,361        

      (a)  HEALTH STATUS;                                          4,363        

      (b)  MEDICAL CONDITION, INCLUDING BOTH PHYSICAL AND MENTAL   4,366        

ILLNESSES;                                                                      

      (c)  CLAIMS EXPERIENCE;                                      4,368        

      (d)  RECEIPT OF HEALTH CARE;                                 4,370        

      (e)  MEDICAL HISTORY;                                        4,372        

      (f)  GENETIC INFORMATION;                                    4,374        

      (g)  EVIDENCE OF INSURABILITY, INCLUDING CONDITIONS ARISING  4,377        

OUT OF ACTS OF DOMESTIC VIOLENCE;                                               

      (h)  DISABILITY.                                             4,379        

      (B)  NO GROUP HEALTH BENEFIT PLAN, OR CARRIER OFFERING       4,381        

HEALTH INSURANCE COVERAGE IN CONNECTION WITH A GROUP HEALTH        4,382        

BENEFIT PLAN, SHALL REQUIRE ANY INDIVIDUAL, AS A CONDITION OF      4,383        

ENROLLMENT OR CONTINUED ENROLLMENT UNDER THE PLAN, TO PAY A        4,384        

PREMIUM OR CONTRIBUTION THAT IS GREATER THAN THE PREMIUM OR        4,385        

CONTRIBUTION FOR A SIMILARLY SITUATED INDIVIDUAL ENROLLED IN THE   4,386        

PLAN ON THE BASIS OF ANY HEALTH STATUS-RELATED FACTOR IN RELATION  4,387        

TO THE INDIVIDUAL OR TO AN INDIVIDUAL ENROLLED UNDER THE PLAN AS   4,388        

A DEPENDENT OF THE INDIVIDUAL.                                     4,389        

                                                          94     

                                                                 
      (C)  NOTHING IN DIVISION (B) OF THIS SECTION SHALL BE        4,393        

CONSTRUED TO RESTRICT THE AMOUNT THAT AN EMPLOYER MAY BE CHARGED   4,394        

FOR COVERAGE UNDER A GROUP HEALTH BENEFIT PLAN, OR TO PREVENT A    4,395        

GROUP HEALTH BENEFIT PLAN, AND A CARRIER OFFERING GROUP HEALTH     4,396        

INSURANCE COVERAGE, FROM ESTABLISHING PREMIUM DISCOUNTS OR         4,397        

REBATES OR MODIFYING OTHERWISE APPLICABLE COPAYMENTS OR            4,398        

DEDUCTIBLES IN RETURN FOR ADHERENCE TO PROGRAMS OF HEALTH          4,399        

PROMOTION AND DISEASE PREVENTION.                                               

      Sec. 3924.51.  (A)  As used in this section:                 4,408        

      (1)  "Child" means, in connection with any adoption or       4,410        

placement for adoption of the child, an individual who has not     4,411        

attained age eighteen as of the date of the adoption or placement  4,412        

for adoption.                                                      4,413        

      (2)  "Health insurer" has the same meaning as in section     4,415        

3924.41 of the Revised Code.                                       4,416        

      (3)  "Placement for adoption" means the assumption and       4,418        

retention by a person of a legal obligation for total or partial   4,419        

support of a child in anticipation of the adoption of the child.   4,420        

The child's placement with a person terminates upon the            4,421        

termination of that legal obligation.                              4,422        

      (B)  If an individual or group health plan of a health       4,424        

insurer provides MAKES coverage AVAILABLE for dependent children   4,426        

of participants or beneficiaries, the plan shall provide benefits  4,427        

to dependent children placed with participants or beneficiaries    4,428        

for adoption under the same terms and conditions as apply to the   4,429        

natural, dependent children of the participants and                             

beneficiaries, irrespective of whether the adoption has become     4,430        

final.                                                             4,431        

      (C)  A health plan described in division (B) of this         4,433        

section shall not restrict coverage under the plan of any          4,435        

dependent child adopted by a participant or beneficiary, or        4,436        

placed with a participant or beneficiary for adoption, solely on   4,437        

the basis of a pre-existing condition of the child at the time     4,438        

that the child would otherwise become eligible for coverage under  4,439        

                                                          95     

                                                                 
the plan, if the adoption or placement for adoption occurs while   4,440        

the participant or beneficiary is eligible for coverage under the  4,441        

plan.                                                                           

      Sec. 3924.61.  As used in sections 3924.61 to 3924.74 of     4,450        

the Revised Code:                                                  4,451        

      (A)  "Account holder" means the natural person who opens a   4,454        

medical savings account or on whose behalf a medical savings       4,455        

account is opened.                                                              

      (B)  "Eligible medical expense" means any expense for a      4,458        

service rendered by a licensed health care provider or a           4,459        

Christian Science practitioner, or for an article, device, or      4,460        

drug prescribed by a licensed health care provider or provided by  4,461        

a Christian Science practitioner, when intended for use in the     4,463        

mitigation, treatment, or prevention of disease; ANY AMOUNT PAID   4,464        

FOR TRANSPORTATION TO THE LOCATION AT WHICH SUCH A SERVICE IS      4,465        

RENDERED; ANY AMOUNT PAID FOR LODGING NECESSITATED BY THE RECEIPT  4,466        

OF CARE AT A NONLOCAL HOSPITAL; or premiums paid for               4,467        

comprehensive sickness and accident insurance, coverage under a    4,469        

health care plan of a health insuring corporation organized under  4,470        

Chapter 1751. of the Revised Code, long-term care insurance as     4,472        

defined in section 3923.41 of the Revised Code, Medicare MEDICARE  4,473        

supplemental coverage as defined in section 3923.33 of the         4,475        

Revised Code, or payments made pursuant to cost sharing            4,476        

agreements under comprehensive sickness and accident plans.  An    4,477        

"eligible medical expense" does not include expenses otherwise     4,478        

paid or reimbursed, including medical expenses paid or reimbursed  4,479        

under an automobile or motor vehicle insurance policy, a workers'  4,480        

compensation insurance policy or plan, or an employer-sponsored    4,481        

health coverage policy, plan, or contract.                                      

      (C)  "Qualified dependent" means a child of an account       4,484        

holder when any of the following applies:                                       

      (1)  The child is under nineteen years of age, or is under   4,487        

twenty-three years of age and a full-time student at an                         

accredited college or university;                                  4,488        

                                                          96     

                                                                 
      (2)  The child is not self-sufficient due to physical or     4,490        

mental disorders or impairments;                                   4,491        

      (3)  The child is legally entitled to the provision of       4,493        

proper or necessary subsistence, education, medical care, or       4,494        

other care necessary for the child's health, guidance, or          4,495        

well-being and is not otherwise emancipated, self-supporting,      4,496        

married, or a member of the armed forces of the United States      4,498        

DEPENDENT" HAS THE SAME MEANING AS IN SECTION 152 OF THE           4,499        

"INTERNAL REVENUE CODE OF 1986," 100 STAT. 2085, 26 U.S.C.A. 1,    4,500        

AS AMENDED.                                                                     

      Sec. 3924.62.  (A)  A medical savings account may be opened  4,509        

by or on behalf of any natural person, to pay the person's         4,510        

eligible medical expenses and the eligible medical expenses of     4,511        

that person's spouse or qualified dependent.  A medical savings    4,512        

account may be opened by or on behalf of a person only if that     4,515        

person participates in a sickness or accident insurance plan, a    4,516        

plan offered by a health insuring corporation organized under      4,517        

Chapter 1751. of the Revised Code, or a self-funded,               4,518        

employer-sponsored health benefit plan established pursuant to     4,519        

the "Employee Retirement Income Security Act of 1974," 88 Stat.    4,520        

832, 29 U.S.C.A. 1001, as amended.  While the medical savings                   

account is open, the account holder shall continue to participate  4,521        

in such a plan.                                                                 

      (B)  A person who refuses to participate in a policy, plan,  4,524        

or contract of health coverage that is funded by the person's      4,525        

employer, and who receives additional monetary compensation by     4,526        

virtue of refusing that coverage, may not open a medical savings   4,527        

account unless the medical savings account also is sponsored by    4,528        

the person's employer.                                             4,529        

      Sec. 3924.63.  The owners of interest in a medical savings   4,539        

account are the account holder, AND the account holder's spouse,   4,540        

and qualified dependents.  No medical savings account shall be     4,541        

subject to garnishment or attachment.                              4,543        

      Sec. 3924.64.  (A)  At the time a medical savings account    4,553        

                                                          97     

                                                                 
is opened, an administrator for the account shall be designated.   4,554        

If an employer opens an account for an employee, the employer may  4,555        

designate the administrator.  If an account is opened by any       4,556        

person other than an employer, or if an employer chooses not to    4,557        

designate an administrator for an account opened for an employee,  4,558        

the account holder shall designate the administrator.  The         4,559        

administrator shall manage the account in a fiduciary capacity     4,560        

for the benefit of the account holder.                                          

      (B)  Medical savings accounts shall be administered by one   4,563        

of the following:                                                               

      (1)  A federally or state-chartered bank, savings and loan   4,566        

association, savings bank, or credit union;                                     

      (2)  A trust company authorized to act as a fiduciary;       4,568        

      (3)  An insurer authorized under Title XXXIX of the Revised  4,571        

Code to engage in the business of sickness and accident            4,572        

insurance;                                                                      

      (4)  A dealer or salesperson licensed under Chapter 1707.    4,575        

of the Revised Code;                                                            

      (5)  An administrator licensed under Chapter 3959. of the    4,578        

Revised Code;                                                                   

      (6)  A certified public accountant;                          4,580        

      (7)  An employer that administers an employee benefit plan   4,583        

subject to regulation under the "Employee Retirement Income        4,584        

Security Act of 1974," 88 Stat. 829, 29 U.S.C.A. 1001, as          4,586        

amended, or that maintains medical savings accounts for its        4,587        

employees;                                                                      

      (8)  Health insuring corporations organized under Chapter    4,590        

1751. of the Revised Code.                                                      

      (C)  Each administrator shall send to the account holder,    4,593        

at least annually, a statement setting forth the balance           4,594        

remaining in the account holder's account and detailing the        4,595        

activity in the account since the last statement was issued.       4,596        

Upon an administrator's receipt of a written request from an       4,597        

account holder for a current statement, the administrator shall    4,598        

                                                          98     

                                                                 
promptly send the statement to the account holder.                              

      (D)  When an account holder documents to the administrator   4,601        

of the account the account holder's payment of, or the account                  

holder's obligation for, an eligible medical expense for the       4,602        

account holder, OR the account holder's spouse, or qualified       4,604        

dependents, the administrator shall reimburse the account holder   4,605        

for, or shall pay for, the eligible medical expense with funds     4,606        

from the account holder's account, if sufficient funds are         4,607        

available in the account holder's account.  If there are not       4,608        

sufficient funds in the account to fully reimburse the account     4,609        

holder or pay the expenses, the administrator shall reimburse the  4,611        

account holder or pay the expenses using whatever funds are in     4,612        

the account.  The reimbursement or payment shall be made within    4,613        

thirty days of the administrator's receipt of the documentation.   4,614        

At the time of making the reimbursement or payment, the                         

administrator shall notify the account holder if the medical       4,615        

expense does not count toward meeting the deductible or other      4,616        

obligation for the receipt of benefits that is required by the     4,617        

insurer or other third-party payer providing health coverage to    4,618        

the account holder.  The administrator shall keep a record of the  4,619        

amounts disbursed from the account for documented eligible         4,620        

medical expenses and of the dates on which the expenses were       4,621        

incurred.  This record shall be made available to any sickness     4,622        

and accident insurer or other third-party payer providing health   4,623        

coverage to the account holder, for use by the insurer or          4,624        

third-party payer in determining whether the account holder has    4,625        

met the deductible or other obligation required for the receipt    4,626        

of benefits from the insurer or third-party payer.                 4,627        

      (E)  When an account is opened, the administrator shall      4,630        

give written notice to the account holder of the date of the last  4,631        

business day of the administrator's business year.                 4,632        

      Sec. 3924.66.  (A)  In determining Ohio adjusted gross       4,641        

income under Chapter 5747. of the Revised Code, an account holder  4,642        

may deduct an amount equaling the total of the deposits that the   4,644        

                                                          99     

                                                                 
account holder, the account holder's spouse, or the account        4,645        

holder's employer made to the account during the taxable year, to  4,646        

the extent that the funds for the deposits have not otherwise      4,647        

been deducted or excluded in determining the account holder's                   

federal adjusted gross income.  The amount deducted by an account  4,649        

holder for a taxable year shall not exceed three thousand          4,650        

dollars.  If two married persons each have an account, each        4,651        

spouse may claim the deduction described in this section, and the  4,653        

amount deducted by each spouse shall not exceed three thousand     4,654        

dollars, whether the spouses file returns jointly or separately.   4,655        

      (B)  The maximum deduction allowed under division (A) of     4,657        

this section shall be adjusted annually by the department of       4,658        

taxation to reflect increases in the consumer price index for all  4,659        

items for all urban consumers for the north central region, as     4,660        

published by the United States bureau of labor statistics.         4,661        

      (C)  In determining Ohio adjusted gross income under         4,663        

Chapter 5747. of the Revised Code, an account holder may deduct    4,664        

the investment earnings of a medical savings account from the      4,665        

account holder's federal adjusted gross income, to the extent      4,666        

that these earnings have been included in the account holder's     4,667        

federal adjusted gross income.                                                  

      (D)  In determining Ohio adjusted gross income under         4,669        

Chapter 5747. of the Revised Code, an account holder shall add to  4,670        

the account holder's federal adjusted gross income an amount       4,671        

equal to the sum of the amounts described in divisions (D)(1) and  4,673        

(2) of this section to the extent that those amounts were          4,674        

included in the account holder's federal adjusted gross income     4,675        

and previously deducted in determining the account holder's Ohio   4,677        

adjusted gross income.  In determining the extent to which         4,678        

amounts withdrawn from the account shall be included in the        4,679        

account holder's Ohio adjusted gross income, the tax commissioner  4,681        

shall be guided by the provisions of sections 72 and 408 of the    4,682        

Internal Revenue Code governing the determination of the amount    4,683        

of withdrawals from an individual retirement account to be         4,684        

                                                          100    

                                                                 
included in federal gross income.                                               

      (1)  Amounts withdrawn from the account during the taxable   4,687        

year used for any purpose other than to reimburse the account      4,688        

holder for, or to pay, the eligible medical expenses of the        4,689        

account holder, OR the account holder's spouse, or qualified       4,691        

dependents;                                                        4,692        

      (2)  Investment earnings during the taxable year on amounts  4,694        

withdrawn from the account that are described in division (D)(1)   4,695        

of this section.                                                   4,696        

      (E)  Amounts withdrawn from a medical savings account to     4,698        

reimburse the account holder for, or to pay, the account holder's  4,699        

eligible medical expenses, or the eligible medical expenses of     4,700        

the account holder's spouse or qualified dependents, shall not be  4,702        

included in the account holder's Ohio adjusted gross income in     4,703        

determining taxes due under Chapter 5747. of the Revised Code.     4,704        

      (F)  If a qualified dependent of an account holder becomes   4,707        

ineligible to continue to participate in the account holder's      4,709        

policy, plan, or contract of health coverage, the account holder   4,710        

may withdraw funds from the account holder's account and use                    

those funds to pay the premium for the first year of a policy,     4,711        

plan, or contract of health coverage for the qualified dependent   4,712        

and to pay any deductible for the first year of that policy,       4,714        

plan, or contract.  Funds withdrawn and used for that purpose      4,715        

shall not be included in the account holder's Ohio adjusted gross  4,716        

income in determining taxes due under Chapter 5747. of the         4,717        

Revised Code.                                                      4,718        

      Sec. 3924.67.  An account holder may withdraw funds from     4,728        

the account holder's account at any time, for any purpose.                      

However, the administrator of a medical savings account shall not  4,729        

disburse funds to an account holder during the year in which the   4,731        

funds were deposited, except to reimburse the account holder for,  4,732        

or pay for, a documented eligible medical expense of the account   4,733        

holder, OR the account holder's spouse, or a qualified dependent.  4,734        

      Sec. 3924.68.  (A)  If an account holder, whose medical      4,744        

                                                          101    

                                                                 
savings account has been opened by the account holder's employer,  4,745        

later ceases to be employed by that employer, the account holder   4,746        

may, within sixty days of the account holder's final date of       4,747        

employment, request in writing to the administrator of the         4,749        

account that the administrator continue to administer the          4,750        

account.                                                                        

      (1)  If the administrator agrees to continue to administer   4,753        

the account, funds in the account may continue to be used to pay   4,754        

the eligible medical expenses of the account holder, AND the       4,755        

account holder's spouse, and qualified dependents, pursuant to     4,756        

sections 3924.61 to 3924.74 of the Revised Code.                   4,758        

      If the account holder later becomes employed by a new        4,760        

employer that opens a new medical savings account on the account   4,761        

holder's behalf, the account holder may transfer any funds         4,763        

remaining in the account opened by the account holder's former     4,764        

employer to the account opened by the account holder's new         4,765        

employer.  For purposes of determining taxes due under Chapter     4,767        

5747. of the Revised Code, this transfer of funds shall not be                  

considered a withdrawal of funds from a medical savings account,   4,768        

nor shall it be considered a deposit to a medical savings          4,769        

account.                                                                        

      (2)  If the administrator does not agree to continue to      4,772        

administer the account, or if the account holder requests that     4,773        

the account be closed, the administrator shall close the account   4,774        

and mail a check or other negotiable instrument in the amount of   4,775        

the account balance as of that date to the account holder.  The    4,776        

amount distributed shall be included in the account holder's Ohio  4,777        

adjusted gross income in determining taxes due under Chapter       4,778        

5747. of the Revised Code.                                         4,779        

      (B)  Within sixty days of the account holder's final date    4,781        

of employment, the account holder may transfer any funds           4,783        

remaining in the account opened by the account holder's former     4,784        

employer to another medical savings account owned by the account   4,785        

holder.  For purposes of determining taxes due under Chapter       4,786        

                                                          102    

                                                                 
5747,. of the Revised Code, this transfer of funds shall not be    4,787        

considered a withdrawal of funds from a medical savings account,   4,788        

nor shall it be considered a deposit to a medical savings                       

account.                                                           4,789        

      (C)  An administrator of an account opened by an employer    4,791        

shall not close an account without the permission of the account   4,792        

holder until at least sixty-one days after the account holder's    4,793        

final date of employment.  The employer shall notify the           4,794        

administrator of the employee's final date of employment.          4,795        

      Sec. 3924.73.  (A)  As used in this section:                 4,804        

      (1)  "Health care insurer" means any person legally engaged  4,806        

in the business of providing sickness and accident insurance       4,807        

contracts in this state, a health insuring corporation organized   4,809        

under Chapter 1751. of the Revised Code, or any legal entity that  4,810        

is self-insured and provides health care benefits to its                        

employees or members.                                              4,811        

      (2)  "Small employer" has the same meaning as in division    4,813        

(P) of section 3924.01 of the Revised Code.                        4,814        

      (B)(1)  Subject to division (B)(2) of this section, nothing  4,817        

in sections 3924.61 to 3924.74 of the Revised Code shall be        4,818        

construed to limit the rights, privileges, or protections of       4,819        

employees or small employers under sections 3924.01 to 3924.14 of  4,820        

the Revised Code.                                                  4,821        

      (2)  If any account holder enrolls or applies to enroll in   4,823        

a policy or contract offered by a health care insurer providing    4,824        

sickness and accident coverage that is more comprehensive than,    4,825        

and has a deductible amount that is less than, the coverage and    4,826        

deductible amount of the policy under which the account holder     4,827        

currently is enrolled, the health care insurer to which the        4,828        

account holder applies may subject the account holder to the same  4,830        

medical review, waiting periods, and underwriting requirements to  4,831        

which the health care insurer generally subjects other enrollees   4,832        

or applicants, unless the account holder enrolls or applies to     4,833        

enroll during a designated period of open enrollment.              4,834        

                                                          103    

                                                                 
      Section 2.  That existing sections 1739.05, 1751.06,         4,836        

1751.15, 1751.16, 1751.18, 1751.59, 1751.61, 1751.64, 1751.65,     4,837        

1751.67, 3901.21, 3901.49, 3901.491, 3901.50, 3901.501, 3923.021,  4,838        

3923.122, 3923.26, 3923.40, 3923.57, 3923.58, 3923.59, 3923.63,    4,840        

3923.64, 3924.01, 3924.02, 3924.03, 3924.07, 3924.08, 3924.09,     4,841        

3924.10, 3924.11, 3924.111, 3924.12, 3924.13, 3924.14, 3924.51,    4,842        

3924.61, 3924.62, 3924.63, 3924.64, 3924.66, 3924.67, 3924.68,     4,843        

and 3924.73 and section 3941.53 of the Revised Code are hereby     4,844        

repealed.                                                                       

      Section 3.  The amendments to sections 1751.59, 1751.61,     4,846        

3923.122, 3923.26, 3923.40, and 3924.51 of the Revised Code by     4,847        

this act shall apply to contracts, evidences of coverage,          4,848        

policies, and plans that are delivered, issued for delivery,       4,849        

renewed, or established in this state on or after the effective    4,850        

date of this section.                                              4,851        

      Section 4.  The amendment of sections 1751.64, 3901.49, and  4,853        

3901.50 of the Revised Code is not intended to supersede the       4,854        

earlier repeal, with delayed effective dates, of those sections.   4,855        

      Section 5.  This act is hereby declared to be an emergency   4,857        

measure necessary for the immediate preservation of the public     4,858        

peace, health, and safety.  The reason for such necessity is that  4,859        

Ohio must meet the federal deadline relative to the                4,860        

implementation of the federal Health Insurance Portability and                  

Accountability Act of 1996.  Ohio's failure to meet this deadline  4,861        

could result in the federal government assuming regulation over    4,862        

certain areas of health insurance, thereby disrupting the stable   4,863        

health insurance market in Ohio that currently exists under Ohio   4,864        

law.  Meeting the federal deadline will protect the public health  4,866        

and safety of the citizens of this state by ensuring the                        

stability of the health insurance market through the continued     4,867        

regulation of this market by the state.  Therefore, this act       4,868        

shall go into immediate effect.