Section Ins 8.66 - Qualifying coverage for portability and late enrollees; transition(1) For the purpose of determining whether a health benefit plan or other health benefit arrangement is qualifying coverage under s. 635.17, Stats., or under this subchapter: Note: 1995 Wis. Act 289 repealed s. 635.17, Stats. See s. 632.745(4), Stats.
(a) A health insurance policy, certificate or other health benefit arrangement is employer-based if an employer sponsors the plan or arrangement or makes a contribution to the plan or arrangement.(b) A health insurance policy, certificate or other benefit arrangement provides benefits similar to or exceeding the benefits provided under the basic health benefit plan if the policy, certificate or other benefit arrangement provides benefits that: 1. Have an actuarial value as considered for a normal distribution of groups that is not substantially less than the actuarial value of the basic health benefit plan; or2. Provides coverage for hospitalization and physician services that is substantially similar to or exceeds the coverage for those services in the basic health benefit plan.(c) A small employer insurer shall evaluate a previous or existing policy, certificate or other benefit arrangement taken as a whole and shall not base its determination on the fact that one or more portions of the previous or existing policy, certificate or benefit arrangement provides less coverage than the comparable portion of the basic health benefit plan.(2) For the purposes of s. 635.17(1) (b), Stats., an individual has previous qualifying coverage with respect to a particular service if the previous policy, certificate or other benefit arrangement covering the individual was qualifying coverage and provided any benefit with respect to the service. Note: 1995 Wis. Act 289 repealed s. 635.17, Stats. See s. 632.746(1) and (3), Stats.
(3) To the extent necessary to comply with this section and s. 635.17, Stats., a small employer insurer shall ascertain the source of previous or existing coverage of each eligible employee and each dependent of an eligible employee at the time the employee or dependent initially enrolls in the health benefit plan provided by the small employer insurer. The small employer insurer shall contact the source of previous or existing coverage to resolve any questions about the benefits or limitations related to the previous or existing coverage. Note: 1995 Wis. Act 289 repealed s. 635.17, Stats. See s. 632.746, Stats.
(4) No small employer insurer may renew or issue a policy after November 30, 1993, unless the policy includes a provision complying with s. 635.17(1) (b), Stats., as to qualifying coverage defined in s. 635.02(5m) (b) and (c), Stats., in addition to qualifying coverage defined in s. 635.02(5m) (a), Stats. An insurer shall administratively comply with s. 635.17(1) (b), Stats., for all policies in force on or after July 1, 1993, with respect to qualifying coverage defined under s. 635.02(5m) (b) and (c), Stats., for all individuals who commence coverage under a policy after June 30, 1993. All small employer insurers shall establish and disseminate policies and procedures designed to ensure compliance with this subsection by not later than December 1, 1993. Note: 1995 Wis. Act 289 repealed ss. 635.02(5m) and 635.17, Stats. See ss. 632.745(4) and 632.746(1), Stats.
(5) An insurer, on request, shall provide to the current insurer of a small employer copies of pertinent health benefit plan provisions, a statement of coverage available and other information reasonably necessary to enable the current insurer to comply with subs. (1) to (3). Wis. Admin. Code Office of the Commissioner of Insurance Ins 8.66
Cr. Register, November, 1993, No. 455, eff. 12-1-93.