SHB 1401 -
By Representative Cody
ADOPTED 02/23/2009
Beginning on page 2, line 30, after "(d)" strike all material
through "(e)" on page 3, line 4 and insert "((If a person is seeking an
individual health benefit plan or enrollment in the basic health plan
as a nonsubsidized enrollee following disenrollment from a health plan
that is exempt from continuation coverage provided under 29 U.S.C. Sec.
1161 et seq., completion of the standard health questionnaire shall not
be a condition of coverage if: (i) The person had at least twenty-four
months of continuous group coverage including church plans immediately
prior to disenrollment; (ii) application is made no more than ninety
days prior to the date of disenrollment; and (iii) the effective date
of the individual coverage applied for is the date of disenrollment, or
within ninety days thereafter.)) If a person is seeking an individual health benefit plan or
enrollment in the basic health plan as a nonsubsidized enrollee due to
a change in employment status that would qualify him or her to purchase
continuation coverage provided under 29 U.S.C. Sec. 1161 et seq., but
the person's employer is exempt under federal law from the requirement
to offer such coverage, completion of the standard health questionnaire
shall not be a condition of coverage if: (i) Application for coverage
is made within ninety days of a qualifying event as defined in 29
U.S.C. Sec. 1163; and (ii) the person had at least twenty-four months
of continuous group coverage immediately prior to the qualifying event.
A health carrier shall accept an application without a standard health
questionnaire from a person with at least twenty-four months of
continuous group coverage if application is made no more than ninety
days prior to the date of a qualifying event and the effective date of
the individual coverage applied for is the date of the qualifying
event, or within ninety days thereafter.
(f)
(e)"
EFFECT: Clarifies that people who would qualify for COBRA continuation coverage, but for the size of their employer, are not required to take the Standard Health Questionnaire if they apply for coverage within 90 days of a qualifying event and they had 24 months of continuous group coverage immediately prior to the qualifying event.