635.19 Issuance of coverage in small group market.
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635.19 Issuance of coverage in small group market.
(a)Except as provided in subs.
(2)to
(6), a small employer insurer that offers a group health benefit plan in the small group market shall do all of the following:
1. Accept any small employer in the state that applies for such coverage.
2. Accept for enrollment under such coverage any eligible individual who applies for enrollment during the period in which the individual first becomes eligible to enroll under the terms of the group health benefit plan.
3. Place no restriction on an eligible individual under par.
(b)that is inconsistent with s. 632.746 or 632.748 .
(b)For purposes of this section, whether an individual is an “eligible individual” in relation to a small employer shall be determined in accordance with all of the following:
1. The terms of the group health benefit plan under which the individual is applying for enrollment.
2. Rules of the small employer insurer offering the group health benefit plan under which the individual is applying for enrollment, which rules must apply uniformly in this state to small employers in the small group market.
3. All state laws that apply to small employer insurers and the small group market.
(a)A small employer insurer that offers a group health benefit plan in the small group market through a network plan may do any of the following:
1. Limit the small employers that may apply for such coverage to those with eligible individuals who reside, live or work in the service area of the network plan.