2022 -- S 2548 SUBSTITUTE A

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LC004318/SUB A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO INSURANCE -- INDIVIDUAL HEALTH INSURANCE COVERAGE

     

     Introduced By: Senators Valverde, Murray, Sosnowski, Miller, Cano, DiMario, Kallman,
Gallo, Lawson, and Quezada

     Date Introduced: March 01, 2022

     Referred To: Senate Health & Human Services

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 27-18.5 of the General Laws entitled "Individual Health Insurance

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Coverage" is hereby amended by adding thereto the following section:

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     27-18.5-10.1. Special enrollment - Pregnancy.

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     (a) In general. A carrier shall establish a special enrollment period that allows for the

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enrollment of a pregnant individual at any time after the commencement of the pregnancy.

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Coverage shall be effective as of the first of the month in which the pregnant individual applies for

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coverage. This special enrollment period shall be applicable to all health insurance coverage offered

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by a carrier.

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     (b) Non-interference with federal and state law. Nothing in subsection (a) of this section

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shall be construed to conflict with or preempt any other applicable requirements for enrollment in

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health insurance coverage under federal and state law. The special enrollment period described in

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subsection (a) is in addition to any other special enrollment periods that are required under federal

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and state law.

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     SECTION 2. Chapter 27-18.6 of the General Laws entitled "Large Group Health Insurance

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Coverage" is hereby amended by adding thereto the following section:

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     27-18.6-3.1. Special enrollment - Pregnancy.

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     (a) In general. A group health plan and a carrier shall establish a special enrollment period

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that allows for the enrollment of a pregnant individual at any time after the commencement of the

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pregnancy. Coverage shall be effective as of the first of the month in which the pregnant individual

 

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applies for coverage. This special enrollment period shall be applicable to all group health insurance

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coverage and health insurance coverage offered by a group health plan or a carrier.

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     (b) Non-interference with federal and state law. Nothing in subsection (a) of this section

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shall be construed to conflict with or preempt any other applicable requirements for enrollment in

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health insurance coverage under federal and state law. The special enrollment period described in

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subsection (a) is in addition to any other special enrollment periods that are required under federal

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and state law.

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     SECTION 3. Chapter 27-50 of the General Laws entitled "Small Employer Health

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Insurance Availability Act" is hereby amended by adding thereto the following section:

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     27-50-18. Special enrollment - Pregnancy.

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     (a) In general. A carrier shall establish a special enrollment period that allows for the

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enrollment of a pregnant individual at any time after the commencement of the pregnancy.

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Coverage shall be effective as of the first of the month in which the pregnant individual applies for

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coverage. This special enrollment period shall be applicable to all health benefit plans subject to

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this chapter.

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     (b) Non-interference with federal and state law. Nothing in subsection (a) of this section

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shall be construed to conflict with or preempt any other applicable requirements for enrollment in

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health insurance coverage under federal and state law. The special enrollment period described in

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subsection (a) is in addition to any other special enrollment periods that are required under federal

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and state law.

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     SECTION 4. Chapter 42-157 of the General Laws entitled "Rhode Island Health Benefit

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Exchange" is hereby amended by adding thereto the following section:

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     42-157-15. Special enrollment - Pregnancy.

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     (a) In general. The exchange may establish a special enrollment period that allows for the

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enrollment of a pregnant individual at any time after the commencement of the pregnancy. If

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established, coverage shall be effective as of the first of the month in which the pregnant individual

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applies for coverage.

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     (b) Non-interference with federal and state law. Nothing in subsection (a) of this section

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shall be construed to conflict with or preempt any other applicable requirements for enrollment in

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a qualified health plan under federal and state law. The special enrollment period described in

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subsection (a) is in addition to any other special enrollment periods that are required under federal

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and state law.

 

LC004318/SUB A - Page 2 of 3

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     SECTION 5. This act shall take effect on January 1, 2023, and shall apply to all health

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insurance policies issued or renewed thereafter.

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LC004318/SUB A - Page 3 of 3

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO INSURANCE -- INDIVIDUAL HEALTH INSURANCE COVERAGE

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     This act would establish a special enrollment provision for pregnant women to obtain

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health insurance coverage at any time after the commencement of the pregnancy.

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     This act would take effect on January 1, 2023, and apply to all health insurance policies

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issued or renewed thereafter.

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LC004318/SUB A

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LC004318/SUB A - Page 4 of 3