2006 Utah Code - 31A-29-115 — Cancellation -- Notice.

     31A-29-115.   Cancellation -- Notice.
     (1) (a) On the date of renewal, the pool may cancel an enrollee's policy if:
     (i) the enrollee's health condition does not meet the criteria established in Subsection 31A-29-111(5);
     (ii) the pool has provided written notice to the enrollee's last-known address no less than 60 days before cancellation; and
     (iii) at least one individual carrier has not reached the individual enrollment cap established in Section 31A-30-110.
     (b) The pool shall issue a certificate of insurability to an enrollee whose policy is cancelled under Subsection (1)(a) for coverage under Subsection 31A-30-108(3) if the requirements of Subsection 31A-29-111(5) are met.
     (2) The pool may cancel an enrollee's policy at any time if:
     (a) the pool has provided written notice to the enrollee's last-known address no less than 15 days before cancellation; and
     (b) (i) the enrollee establishes a residency outside of Utah for three consecutive months;
     (ii) there is nonpayment of premiums; or
     (iii) the pool determines that the enrollee does not meet the eligibility requirements set forth in Section 31A-29-111, in which case:
     (A) the policy may be retroactively terminated for the period of time in which the enrollee was not eligible;
     (B) retroactive termination may not exceed three years; and
     (C) the board's remedy under this Subsection (2)(b) shall be a cause of action against the enrollee for benefits paid during the period of ineligibility in accordance with Subsection 31A-29-119(3).

Amended by Chapter 2, 2004 General Session

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