3232-A - Certification of creditable coverage.

§  3232-a. Certification of creditable coverage. (a) Every insurer who  delivers or issues for delivery individual health insurance policies  or  group or blanket accident and health insurance policies shall provide to  covered   individuals   written   certification,   in   a  form  as  the  superintendent may approve, of:    (1) the period of creditable coverage, as  defined  in  section  three  thousand two hundred thirty-two of this article, of the individual under  such  policy and any continuation coverage of the individual pursuant to  state or federal law; and    (2) any waiting period or affiliation period (if  applicable)  imposed  with respect to the individual for any coverage under the policy.    (b) The insurer shall provide such written certification:    (1)  at  the time an individual ceases to be covered under the policy,  including any period of time such individual was covered pursuant to any  right of continuation under such policy; and    (2) on the request on behalf of an  individual  made  not  later  than  twenty-four months after the date of cessation of the coverage described  in paragraph one of this subsection.    (c)  In  the event of an election by an insurer or a group health plan  to count the period of creditable coverage based on coverage of benefits  within classes or categories of benefits as provided in state or federal  law, if that insurer or group health  plan  enrolls  an  individual  for  coverage  under  its policy or plan and such individual provides written  certification of coverage of the individual pursuant to  subsection  (a)  of this section, then upon request of such insurer or group health plan,  the insurer that issued the certification of coverage so provided by the  individual  shall  promptly disclose to such requesting insurer or group  health plan information on coverage of classes and categories of  health  benefits   available  under  its  policy.  An  insurer  disclosing  such  information may charge the requesting plan or insurer for the reasonable  cost of such disclosure.    (d) An insurer who delivers or issues for delivery  group  or  blanket  accident  and  health insurance policies is deemed to have satisfied the  requirements of subsection (a) of this section if  the  policyholder  by  written  agreement  with  the  insurer  actually  provides  the  written  certification in accordance with this section.