LD 1945
pg. 15
Page 14 of 18 An Act To Establish a High-risk Health Insurance Pool Page 16 of 18
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LR 2814
Item 1

 
any benefits paid to the participant that should not have been
claimed or recognized as claims because of the provisions of this
subsection or because the benefits are otherwise not covered.__
Benefits due from the association may be reduced or refused as a
setoff against any amount recoverable under this subsection.

 
§3911.__Eligibility for coverage

 
1.__Eligibility; application for coverage.__A resident is
eligible for coverage under the plan if evidence is provided of
rejection, a requirement of restrictive riders, a rate increase
or a preexisting conditions limitation on a qualified plan, the
effect of which is to substantially reduce coverage from that
received by a person considered a standard risk by at least one
association member within 6 months of the date of the
certificate, or if the resident meets other eligibility
requirements adopted by rule by the superintendent that are not
inconsistent with this chapter and that indicate that a person is
unable to obtain coverage substantially similar to that which may
be obtained by a person who is considered a standard risk.__Rules
adopted pursuant to this subsection are routine technical rules
as defined in Title 5, chapter 375, subchapter 2-A.

 
2.__Change of domicile.__The board shall develop standards for
eligibility for coverage by the association for any natural
person who changes that person's domicile to this State and who
at the time domicile is established in this State is insured by
an organization similar to the association.__The eligible maximum
lifetime benefits for that covered person may not exceed the
lifetime benefits available through the association, less any
benefits received from a similar organization in the former
domiciliary state.

 
3.__Eligibility without application.__The board shall develop
a list of medical or health conditions for which a person is
eligible for plan coverage without applying for health insurance
under subsection 1.__A person who can demonstrate the existence
or history of a medical or health condition on the list developed
by the board may not be required to provide the evidence
specified in subsection 1. The board may amend the list from time
to time as appropriate.

 
4.__Exclusions from eligibility.__A person is not eligible for
coverage under the plan if:

 
A.__The person has or obtains health insurance coverage
substantially similar to or more comprehensive than a plan
policy or would be eligible to have coverage if the person
elected to obtain it, except that:


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