Page:United States Statutes at Large Volume 110 Part 3.djvu/229

 PUBLIC LAW 104-191—AUG. 21, 1996 110 STAT. 1959 information on coverage of classes and categories of health benefits available under such entit^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 entity'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) SPECIAL 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 heedth 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- ment) or employer contributions toward such coverage were terminated. "(D) Under the terms of the plan, the employee requests such enrollment not later than 30 days after the date of exhaustion of coverage described in subparagraph (C)(i) or termination of coverage or employer contribution described in subparagraph (C)(ii). "(2) FOR DEPENDENT BENEFICIARIES.— " (A) IN GENERAL. —If — "(i) a group health plan makes coverage available with respect to a dependent of an individual, "(ii) the individual is a participant under the plan (or has met any waiting period applicable to becoming a participant under the plan and is eligible to be

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