31A-30-208.   Enrollment periods for the defined contribution market.
     (1) From November 1 to November 30 of each year, an insurer offering a product in the defined contribution market shall administer an open enrollment period for plans effective January 1 following the November open enrollment period, during which an eligible employee may enroll in a health benefit plan offered through the defined contribution market and may not be declined coverage.
     (2) (a) Except as provided in Subsection (4), the period of open enrollment is the time in which an insurer may:
     (i) enter or exit the defined contribution market;
     (ii) offer new or modify existing products in the defined contribution market; or
     (iii) withdraw products from the defined contribution market.
     (b) Ninety days prior to an open enrollment period under Subsection (1), an insurer shall notify the Internet portal and the risk adjuster board created in Chapter 42, Defined Contribution Risk Adjuster Act, regarding any of the events described in Subsection (2)(a).
     (3) An eligible employee may enroll in a health benefit plan offered in the defined contribution market and may not be declined coverage, at a time other than the annual open enrollment period for any of the circumstances recognized as permissible under federal tax law, provided the individual does so within 63 days of the permissible circumstance.
     (4) When an insurer elects to participate in the defined contribution market, the insurer shall participate in the defined contribution market for no less than two years.

Enacted by Chapter 12, 2009 General Session
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Last revised: Thursday, May 28, 2009