Page:United States Statutes at Large Volume 110 Part 3.djvu/213

 PUBLIC LAW 104-191—AUG. 21, 1996 110 STAT. 1943 "(C) ISSUER COMPLIANCE. —TO the extent that medical care under a group health plan consists of group health insurance coverage, the plan is deemed to have satisfied the certification requirement under this paragraph if the health insurance issuer offering the coverage provides for such certification in accordance with this paragraph. " (2) DISCLOSURE OF INFORMATION ON PREVIOUS BENEFITS. — In the case of an election described in subsection (c)(3)(B) by a group health plan or health insurance issuer, if the plan or issuer enrolls an individual for coverage under the plan and the individual provides a certification of coverage of the individual under paragraph (1)— "(A) upon request of such plan or issuer, the entity which issued the certification provided by the individual shall promptly disclose to such requesting plan or issuer information on coverage of classes and categories of health benefits available under such entity's plan or coverage, and "(B) such entity may charge the requesting plan or issuer for the reasonable cost of disclosing such information. "(3) REGULATIONS.— The Secretary shall establish rules to prevent an entit^s failure to provide information under paragraph (1) or (2) with respect to previous coverage of an individual from adversely affecting any subsequent coverage of the individual under another group health plan or health insurance coverage. "(f) SPECL\L ENROLLMENT PERIODS.— "(1) INDIVIDUALS LOSING OTHER COVERAGE. — A group health plan, and a health insurance issuer offering group health insurance coverage in connection with a group health plan, shall permit an employee who is eligible, but not enrolled, for coverage under the terms of the plan (or a dependent of such an employee if the dependent is eligible, but not enrolled, for coverage under such terms) to enroll for coverage under the terms of the plan if each of the following conditions is met: "(A) The employee or dependent was covered under a group health plan or had health insurance coverage at the time coverage was previously offered to the employee or dependent. "(B) The employee stated in writing at such time that coverage under a group health plan or health insurance coverage was the reason for declining enrollment, but only if the plan sponsor or issuer (if applicable) required such a statement at such time and provided the employee with notice of such requirement (and the consequences of such requirement) at such time. "(C) The employee's or dependent's coverage described in subparagraph (A)— "(i) was under a COBRA continuation provision and the coverage under such provision was exhausted; or "(ii) was not under such a provision and either the coverage was terminated as a result of loss of eligibility for the coverage (including as a result of legal separation, divorce, death, termination of employ- ment, or reduction in the number of hours of employ-

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