Section 26-A4404. APPLICATIONS RECEIVED OUTSIDE ENROLLMENT PERIODS

 

4404.1If a carrier receives an application for a child-only policy outside the open enrollment periods, the carrier shall accept the application if the applicant meets the criteria set forth in section 4405 of this chapter.

 

4404.2Except as provided in subsection 4404.1 of this section, if a carrier receives an application for a child-only policy outside the open enrollment period, the carrier may deny the application and notify the applicant of the next open enrollment period and how to apply for coverage during the open enrollment period.

 

4404.3If a carrier accepts an application outside the open enrollment period, the carrier shall offer coverage on a guaranteed issue basis, without any limitations or riders based on medical condition or health status.

authority

The Acting Commissioner of the Department of Insurance, Securities and Banking, pursuant to the authority set forth in section 23 of the Health Maintenance Organization Act of 1996, effective April 9, 1997 (D.C. Law 11-235; D.C. Official Code §§ 31-3401, et seq.); section 25 of the Hospital and Medical Services Corporation Regulatory Act of 1996, effective April 9, 1996 (D.C. Law 11-245; D.C. Official Code § 31-3508); and section 28 of Chapter V of the Life Insurance Act of 1934, approved June 19, 1934 (48 Stat. 1166; D.C. Official Code § 31-4712).

source

Notice of Emergency and Proposed Rulemaking published at 57 DCR 12281 (December 24, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 58 DCR 2492, 2494 (March 18, 2011).