Page:United States Statutes at Large Volume 110 Part 3.djvu/253

 PUBLIC LAW 104-191—AUG. 21, 1996 110 STAT. 1983 market, coverage of such type may be discontinued by the issuer only if— "(A) the issuer provides notice to each covered individual provided coverage of this type in such market of such discontinuation at least 90 days prior to the date of the discontinuation of such coverage; "(B) the issuer offers to each individual in the individual market provided coverage of this t3T)e, the option to purchase any other individual health insurance coverage currently being offered by the issuer for individuals in such meirket; and "(C) in exercising the option to discontinue coverage of this type and in offering the option of coverage under subparagraph (B), the issuer acts uniformly without regard to any health status-related factor of enrolled individuals or individuals who may become eligible for such coverage. " (2) DISCONTINUANCE OF ALL COVERAGE. — "(A) IN GENERAL.— Subject to subparagraph (C), in any case in which a health insurance issuer elects to discontinue offering all health insurance coverage in the individual market in a State, health insurance coverage may be discontinued by the issuer only if— "(i) the issuer provides notice to the applicable State authority and to each individual of such discontinuation at least 180 days prior to the date of the expiration of such coverage, and "(ii) all health insurance issued or delivered for issuance in the State in such market are discontinued and coverage under such health insurance coverage in such market is not renewed. "(B) PROHIBITION ON MARKET REENTRY.—In the case of a discontinuation under subparagraph (A) in the individual market, the issuer may not provide for the issuance of any health insurance coverage in the market and State involved during the 5-year period beginning on the date of the discontinuation of the last health insurance coverage not so renewed. " (d) EXCEPTION FOR UNIFORM MODIFICATION OF COVERAGE.— At the time of coverage renewal, a hesdth insurance issuer may modify the health insurance coverage for a policy form offered to individuals in the individual market so long as such modification is consistent with State law and effective on a uniform basis among all individuals with that policy form. " (e) APPLICATION TO COVERAGE OFFERED ONLY THROUGH ASSOCIATIONS.—In applying this section in the case of health insurance coverage that is made available by a health insurance issuer in the individual market to individuals only through one or more associations, a reference to an 'individual' is deemed to include a reference to such an association (of which the individual is a member). "SEC. 2743. CERTIFICATION OF COVERAGE. 42 USC 300gg- "The provisions of section 2701(e) shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as it applies to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market.

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