2006 Nebraska Revised Statutes - § 44-4221 — Purchase of health insurance coverage from pool; eligibility.

Section 44-4221
Purchase of health insurance coverage from pool; eligibility.

(1) To be eligible to purchase health insurance coverage from the pool, an individual shall:

(a) Be a resident of the state for a period of at least six months and shall:

(i) Have received, within six months prior to application to the pool, a rejection in writing, for reasons of health, from an insurer;

(ii) Currently have, or have been offered within six months prior to application to the pool, health insurance coverage by an insurer which includes a restrictive rider which limits insurance coverage for a preexisting medical condition; or

(iii) Have been refused health insurance coverage comparable to the pool, or have been offered such coverage at a rate exceeding the premium rate for pool coverage, within six months prior to application to the pool;

(b) Be a resident of the state for any length of time and be an individual:

(i) For whom, as of the date the individual seeks pool coverage under this section, the aggregate of the periods of creditable coverage is eighteen or more months and whose most recent prior creditable coverage was under a group health plan, governmental plan, or church plan;

(ii) Who is not eligible for coverage under a group health plan, medicare, or medical assistance pursuant to the Medical Assistance Act or section 43-522, or any successor program, and who does not have any other health insurance coverage;

(iii) With respect to whom the most recent prior creditable coverage was not terminated for factors relating to nonpayment of premiums or fraud; and

(iv)(A) Who, if such individual was offered the option of continuation coverage under COBRA or under a similar program, both elected such continuation coverage and exhausted such continuation coverage, or (B) who had been offered the option of continuation coverage under COBRA or under a similar program at a premium rate higher than that available from the pool; or

(c) Be a resident of the state for any length of time and be a qualified trade adjustment assistance eligible individual.

(2) The board may adopt and promulgate a list of medical or health conditions for which an individual would be eligible for pool coverage without applying for health insurance coverage pursuant to subdivision (1)(a) of this section. Individuals who can demonstrate the existence or history of any medical or health conditions on the list adopted and promulgated by the board shall be eligible to apply directly to the pool for health insurance coverage.

Cross References:

Medical Assistance Act, see section 68-901.

Source:

Laws 1985, LB 391, § 21

Laws 1992, LB 1006, § 35

Laws 1997, LB 862, § 26

Laws 1998, LB 1035, § 7

Laws 1998, LB 1063, § 2

Laws 2000, LB 1253, § 24

Laws 2004, LB 1047, § 12

Laws 2006, LB 1248, § 61.

~ Revised Statutes Cumulative Supplement, 2006