(a) The provisions of this chapter concerning individual health plans and the issuers that offer them shall apply to:
(1) Individual health plan offered to and that covers enrollees and their dependents who are residents of Puerto Rico or dependents who study and reside outside of Puerto Rico at the time of issue, regardless of the number of health plans that the enrollee has. In the case of guaranteed availability required by this chapter, the same shall apply to such individual health plans, if the enrollee is not covered and is not eligible for an employee-sponsored group health plan;
(2) any certificate issued to an enrollee that evidences coverage under a policy or contract issued to a trust or association or other similar grouping of individuals, which are not contingent on employer relation, regardless of the situs of delivery of the policy or contract, if the enrollee pays the premium and is not covered under the policy or contract pursuant to continuation of benefits provisions applicable under federal and Commonwealth laws;
(3) bona fide association plans as set forth in this chapter, and
(4) converted policies as set forth in this chapter.
(b) For the purposes of this chapter, except as provided in subsection (c), issuers that are affiliated companies or that are eligible to file a consolidated income tax return shall be treated as one issuer, and any restrictions or limitations imposed by this chapter shall apply as if all individual health plans delivered or issued for delivery to residents of Puerto Rico by affiliated issuers were issued by one issuer.
(c) Any affiliated issuer who is a health services organization having a certificate of authority issued pursuant to the provisions of the Insurance Code of Puerto Rico or under this subtitle shall be considered to be a separate issuer for the purposes of this chapter.
(d) The Commissioner shall have the authority, pursuant to § 9008 of title, to impose sanctions. Likewise, the Commissioner shall have the power to prosecute administratively and judicially any violation of §§ 233-257 of this title.
History —Aug. 29, 2011, No. 194, added as § 10.040 on July 22, 2013, No. 69, § 1, eff. 60 days after July 22, 2013.