Sec. 1751.31. (A) Any changes in a health insuring | 16 |
corporation's solicitation document shall be filed with the | 17 |
superintendent of insurance thirty days prior to use for | 18 |
informational purposes, and shall comply with the requirements of | 19 |
this section. TheIf the superintendent finds that any | 20 |
solicitation document fails to comply with the requirements of | 21 |
this section, the superintendent, within sixty days of filing, may | 22 |
disapprove any solicitation document or require amendment to it on | 23 |
any of the grounds stated in this section. Such disapproval shall | 24 |
be effected by written notice to the health insuring corporation. | 25 |
The notice shall state the grounds for disapproval and shall be | 26 |
issued in accordance with Chapter 119. of the Revised Code. | 27 |
(B) The solicitation document shall contain all information | 28 |
necessary to enable a consumer to make an informed choice as to | 29 |
whether or not to enroll in the health insuring corporation. The | 30 |
information shall include a specific description of the health | 31 |
care services to be available and the approximate number and type | 32 |
of full-time equivalent medical practitioners. The information | 33 |
shall be presented in the solicitation document in a manner that | 34 |
is clear, concise, and intelligible to prospective applicants in | 35 |
the proposed service area. | 36 |
(D) Notwithstanding division (A) of this section, a health | 41 |
insuring corporation may use a solicitation document that the | 42 |
corporation uses in connection with policies for medicare | 43 |
beneficiaries pursuant to a medicare risk contract or medicare | 44 |
cost contract, or for policies for beneficiaries of the federal | 45 |
employees health benefits program pursuant to 5 U.S.C.A. 8905, or | 46 |
for policies for medicaid recipients, or for policies for | 47 |
beneficiaries of any other federal health care program regulated | 48 |
by a federal regulatory body, or for policies for beneficiaries of | 49 |
contracts covering officers or employees of the state entered into | 50 |
by the department of administrative services, if both of the | 51 |
following apply: | 52 |
(E) No health insuring corporation, or its agents or | 63 |
representatives, shall use monetary or other valuable | 64 |
consideration, engage in misleading or deceptive practices, or | 65 |
make untrue, misleading, or deceptive representations to induce | 66 |
enrollment. Nothing in this division shall prohibit incentive | 67 |
forms of remuneration such as commission sales programs for the | 68 |
health insuring corporation's employees and agents. | 69 |
(F) Any person obligated for any part of a premium rate in | 70 |
connection with an enrollment agreement, in addition to any right | 71 |
otherwise available to revoke an offer, may cancel such agreement | 72 |
within seventy-two hours after having signed the agreement or | 73 |
offer to enroll. Cancellation occurs when written notice of the | 74 |
cancellation is given to the health insuring corporation or its | 75 |
agents or other representatives. A notice of cancellation mailed | 76 |
to the health insuring corporation shall be considered to have | 77 |
been filed on its postmark date. | 78 |
Section 3. (A) During the period beginning on January 1, | 83 |
2014, and expiring January 1, 2018, the operation of sections | 84 |
1751.15, 1751.16, 1751.17, 3923.122, 3923.58, 3923.581, 3923.582, | 85 |
3923.59, 3924.07, 3924.08, 3924.09, 3924.10, 3924.11, 3924.111, | 86 |
3924.12, 3924.13, and 3924.14 of the Revised Code are suspended. | 87 |
The suspension shall take effect in accordance with the following: | 88 |
(2) Notwithstanding this section, the Board of Directors of | 94 |
the Ohio Health Reinsurance Program shall continue to have all of | 95 |
the authority and protection provided by sections 3924.07 to | 96 |
3924.14 of the Revised Code during the period beginning January 1, | 97 |
2014, and ending December 31, 2014, in order to wind up the | 98 |
affairs of the Ohio Health Reinsurance Program. This shall | 99 |
include, but is not limited to, the receipt, processing, and | 100 |
payment of all claims incurred on or before January 1, 2014, | 101 |
assessments needed to fund the wind up of the Program, the refund | 102 |
of any excess assessments, and the preparation of final audited | 103 |
financial statements and tax returns. | 104 |
(B) If the amendments made by 42 U.S.C. 300gg-1 and 300gg-6, | 119 |
regarding the requirements related to health insurance coverage, | 120 |
do not take effect January 1, 2014, or become ineffective prior to | 121 |
the expiration of the suspension on January 1, 2018, then sections | 122 |
1751.15, 1751.16, 1751.17, 3923.122, 3923.58, 3923.581, 3923.582, | 123 |
3923.59, 3924.07, 3924.08, 3924.09, 3924.10, 3924.11, 3924.111, | 124 |
3924.12, 3924.13, and 3924.14 of the Revised Code, in either their | 125 |
present form or as they are later amended, again become | 126 |
operational. | 127 |