NDAC 45-06-11-05
Notification of qualifying previous coverage and preexisting condition exclusion period
Cite as N.D. Admin. Code ยง 45-06-11-05
1.
A health carrier is required, within a reasonable time, to make a determination regarding the
individual's qualifying previous coverage and notify the individual of the determination in
accordance with this section.
2.
A health carrier seeking to impose a preexisting condition exclusion is required to disclose to
the individual in writing its determination of any preexisting condition exclusion period that
applies to the individual and the basis for such determination, including the source and
substance of any information on which the health carrier relied. In addition, the health carrier
is required to provide the individual with a written explanation of any appeal procedures
established by the issuer and with a reasonable opportunity to submit additional evidence of
coverage. Nothing in this section prevents a health carrier from modifying an initial
determination qualifying previous coverage if it determines that the individual did not have the
claimed qualifying previous coverage, provided that:
a.
A notice of reconsideration is provided to the individual; and
b.
Until the final determination is made, the health carrier, for purposes of approving access
to medical services, acts in a manner consistent with the initial determination.