Sec. 103. Preventing unjust cancellation of insurance coverage
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Section 2742 of the Public Health Service Act ( 42 U.S.C. 300gg–42 ), as restored by section 2, is amended— in its heading, by inserting after , continuation in force, including prohibition of rescission, ; Guaranteed renewability in subsection (a), by inserting after , including without rescission, ; and continue in force in subsection (b)(2), by inserting before the period at the end the following: . , including intentional concealment of material facts regarding a health condition related to the condition for which coverage is being claimed Subpart 1 of part B of title XXVII of the Public Health Service Act, as restored by section 2, is amended by adding at the end the following new section:
If a health insurance issuer determines to nonrenew or not continue in force, including rescind, health insurance coverage for an individual in the individual market on the basis described in section 2742(b)(2) before such nonrenewal, discontinuation, or rescission, may take effect the issuer shall provide the individual with notice of such proposed nonrenewal, discontinuation, or rescission and an opportunity for a review of such determination by an independent, external third party under procedures specified by the Secretary.
If the individual requests such review by an independent, external third party of a nonrenewal, discontinuation, or rescission of health insurance coverage, the coverage shall remain in effect until such third party determines that the coverage may be nonrenewed, discontinued, or rescinded under section 2742(b)(2). . The amendments made by this section shall apply after the date of the enactment of this Act with respect to health insurance coverage issued before, on, or after such date.
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- 42 USC 300gg–42
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Sec. 103
Preventing unjust cancellation of insurance coverage
Cite42 USC 300gg–42
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