Sec. 38a-552. (Formerly Sec. 38-372). Applicability. Individual and group comprehensive health care plans.
Sec. 38a-552. (Formerly Sec. 38-372). Applicability. Individual and group
comprehensive health care plans. (a)(1) Every carrier offering individual health insurance in this state shall, as a condition of transacting such health insurance, make an
individual comprehensive health care plan, described in section 38a-555, available to
every resident of this state except residents who are both sixty-five years of age or older
and eligible for Medicare. Individual comprehensive health care plans may be made
available through participation in the Health Reinsurance Association in accordance
with section 38a-556, or a residual market association, in accordance with section 38a-557. The premium charged for such a plan which is not insured by or through the Health
Reinsurance Association or any other residual market association may not exceed the
premium which would be applicable through participation in such associations. The
premium charged for such a plan insured by or through the Health Reinsurance Association shall be precisely the premium established for that particular classification under
the Health Reinsurance Association. (2) Every self-insurer whose plan covers three or
more employees shall make an individual comprehensive health care plan, described
in section 38a-555, available under a conversion privilege to every person covered by
the plan who is a resident of this state, who is not eligible for Medicare and whose
coverage under the self-insured plan ceases as a result of layoff, death or termination of
employment. The individual comprehensive health care plans may be provided through a
carrier or through participation in the Health Reinsurance Association in accordance
with section 38a-556. The premium charged for such a plan which is not insured by or
through the Health Reinsurance Association may not exceed the premium established
for that particular classification under the Health Reinsurance Association. The premium
charged for such a plan which is insured by or through the Health Reinsurance Association shall be precisely the premium established for that particular classification under
the Health Reinsurance Association.
(b) Every carrier offering group health insurance in this state shall, as a condition
of transacting such health insurance, make a group comprehensive health care plan, as
described in section 38a-554, available to every resident employer who is not a small
employer as defined in subdivision (4) of section 38a-564.
(c) Except as provided in subdivision (c) of section 38a-505, nothing in sections
38a-505, 38a-546 and 38a-551 to 38a-559, inclusive, shall preclude the right of carriers
to transact other kinds of insurance for which they are authorized, nor preclude the right
of carriers to transact any other lawful kind of health insurance.
(d) Nothing in sections 38a-505, 38a-546 and 38a-551 to 38a-559, inclusive, shall
require a carrier to make available coverage under a group or individual comprehensive
health care plan to any person or group who is already covered under such a plan.
(P.A. 75-616, S. 2, 12; P.A. 86-106, S. 1; P.A. 90-134, S. 24, 28; P.A. 91-201, S. 5, 8; P.A. 93-338, S. 4; 93-435, S. 69.)
History: P.A. 86-106 limited the exemption from the required availability of individual comprehensive health care
plans to those residents of this state who are at least 65 years of age and eligible for Medicare; P.A. 90-134 removed
language in Subsec. (b) pertaining to group comprehensive plans for employers of between 3 and 25 employees; Sec. 38-372 transferred to Sec. 38a-552 in 1991; P.A. 91-201 made technical changes re definition of "small employer"; P.A. 93-338 deleted in Subsecs. (a) and (b) the individual comprehensive health care plan option choices for both individuals and
employers; P.A. 93-345 amended Subsec. (a)(1) to delete the requirement that an individual comprehensive health care
plan shall include the choice of a low option or middle option or high option deductible.