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Insurance Code | |
Comprehensive Health Insurance Pool Act | |
Section 115 | Cancellation -- Notice. |
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31A-29-115. Cancellation -- Notice. (1) (a) On the date of renewal, the pool may cancel an enrollee's policy if: (i) the enrollee's health condition does not meet the criteria established in Subsection 31A-29-111(5); (ii) the pool has provided written notice to the enrollee's last-known address no less than 60 days before cancellation; and (iii) at least one individual carrier has not reached the individual enrollment cap established in Section 31A-30-110. (b) The pool shall issue a certificate of insurability to an enrollee whose policy is cancelled under Subsection (1)(a) for coverage under Subsection 31A-30-108(3) if the requirements of Subsection 31A-29-111(5) are met. (2) The pool may cancel an enrollee's policy at any time if: (a) the pool has provided written notice to the enrollee's last-known address no less than 15 days before cancellation; and (b) (i) the enrollee establishes a residency outside of Utah for three consecutive months; (ii) there is nonpayment of premiums; or (iii) the pool determines that the enrollee does not meet the eligibility requirements set forth in Section 31A-29-111, in which case: (A) the policy may be retroactively terminated for the period of time in which the enrollee was not eligible; (B) retroactive termination may not exceed three years; and (C) the board's remedy under this Subsection (2)(b) shall be a cause of action against the enrollee for benefits paid during the period of ineligibility in accordance with Subsection 31A-29-119(3).
Amended by Chapter 2, 2004 General Session |
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