California Health and Safety Code

§ 1389.7

HSC § 1389.7 Effective Jan 1, 2016Div. 2 · Ch. 2.2 · Art. 7.5

Statute text

(a)Every health care service plan that offers, issues, or renews individual plan contracts shall offer to any individual, who was covered under an individual plan contract that was rescinded, a new individual plan contract, without medical underwriting, that provides equal benefits. A health care service plan may also permit an individual, who was covered under an individual plan contract that was rescinded, to remain covered under that individual plan contract, with a revised premium rate that reflects the number of persons remaining on the plan contract.

(b)“Without medical underwriting” means that the health care service plan shall not decline to offer coverage to, or deny enrollment of, the individual or impose any preexisting condition exclusion on the individual who is issued a new individual plan contract or remains covered under an individual plan contract pursuant to this section.

(c)If a new individual plan contract is issued, the plan may revise the premium rate to reflect only the number of persons covered on the new individual plan contract.

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Legislative history

Amended (as amended by Stats. 2013, 1st Ex. Sess., Ch. 2, Sec. 12) by Stats. 2015, Ch. 303, Sec. 264. (AB 731) Effective January 1, 2016. Inoperative, by its own provisions, on January 1, 2014, subject to condition for resuming operation. See later operative version, as amended by Sec. 265 of Stats. 2015, Ch. 303.