Section 1399.810 Of Article 11.5. Individual Access To Contracts For Health Care Services From California Health And Safety Code >> Division 2. >> Chapter 2.2. >> Article 11.5.
1399.810
. All health care service plan contracts offered to a
federally eligible defined individual shall be renewable with respect
to the individual and dependents at the option of the contractholder
except in cases of:
(a) Nonpayment of the required premiums.
(b) Fraud or misrepresentation by the contractholder.
(c) The plan ceases to provide or arrange for the provision of
health care services for individual health care service plan
contracts in this state, provided, however, that the following
conditions are satisfied:
(1) Notice of the decision to cease new or existing individual
health benefit plans in this state is provided to the director and to
the contractholder.
(2) Individual health care service plan contracts subject to this
chapter shall not be canceled for 180 days after the date of the
notice required under paragraph (1) and for that business of a plan
that remains in force, any plan that ceases to offer for sale new
individual health care service plan contracts shall continue to be
governed by this article with respect to business conducted under
this article.
(3) A plan that ceases to write new individual business in this
state after January 1, 2001, shall be prohibited from offering for
sale new individual health care service plan contracts in this state
for a period of three years from the date of the notice to the
director.
(d) When the plan withdraws a health care service plan contract
from the individual market, provided that the plan makes available to
eligible individuals all plan contracts that it makes available to
new individual business, and provided that the premium for the new
plan contract complies with the renewal increase requirements set
forth in Section 1399.811.
(e) (1) On and after January 1, 2014, and except as provided in
paragraph (2), this section shall apply only to individual
grandfathered health plan contracts previously issued pursuant to
this section to federally eligible defined individuals.
(2) If Section 5000A of the Internal Revenue Code, as added by
Section 1501 of PPACA, is repealed or amended to no longer apply to
the individual market, as defined in Section 2791 of the federal
Public Health Service Act (42 U.S.C. Section 300gg-91), paragraph (1)
shall become inoperative on the date of that repeal or amendment and
this section shall apply to health care service plan contracts
issued, amended, or renewed on or after that date.
(3) For purposes of this subdivision, the following definitions
apply:
(A) "Grandfathered health plan" has the same meaning as that term
is defined in Section 1251 of PPACA.
(B) "PPACA" means the federal Patient Protection and Affordable
Care Act (Public Law 111-148), as amended by the federal Health Care
Education and Reconciliation Act of 2010 (Public Law 111-152), and
any rules, regulations, or guidance issued pursuant to that law.