20-1409. Right to open enrollment period;
insureds; definition
A. With respect to insureds who are members of a group with more than one carrier,
if there is an insolvency of an insurer, all other carriers that participated in an open
enrollment with the insolvent insurer at a group's last regular open enrollment period
shall offer insureds of the insolvent insurer who are members of that group a thirty day
open enrollment period beginning on the date the insolvency is declared. Each carrier
shall offer these insureds the same coverages and rates that it currently offers to other
insureds in the group without any waiting periods or preexisting conditions, exclusions,
limitations or restrictions. On declaration of insolvency, the insurer shall notify the
remaining carrier or carriers of the insolvency and notify its members of their right to
open enrollment as provided in this section.
B. Entitlement to continuation of benefits under subsection A is contingent on
timely payment of the premium by the insured or by the insured's representative to the
carrier selected through the open enrollment.
C. For purposes of this section, "carrier" means an insurer, a health care services
organization, a hospital service corporation, a medical service corporation, a dental
service corporation, an optometric service corporation or a hospital, medical, dental and
optometric service corporation or any combination.
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