Section 8.59. Small employer insurers shall offer an initial enrollment period to all members of small employer groups; riders and discriminatory coverage are prohibited.

 

(1)  A small employer insurer that offers a policy shall provide an initial enrollment period during which each eligible employee and dependent of an eligible employee is entitled to enroll in coverage under the policy.

(2)  Except as permitted under sub. (3) , a small employer insurer shall provide the same policy coverage to each eligible employee, and dependent of an eligible employee of a small employer, who is covered under a policy.

(3)  A small employer insurer may offer, or participate in an offer, to eligible employees of a choice by the eligible employee among 2 or more policies for coverage of the eligible employee and the eligible employee's dependents, but only if:

(a) The enrollment period is simultaneous for all the policies;

(b) The eligible employee may choose any one of the offered policies; and

(c) All the policies offered provide benefits similar to or exceeding the benefits provided under the basic health benefit plan as determined under s. Ins 8.66 (1) .

(4)  A small employer insurer shall treat coverage under the plan established under ch. 149 , Stats. , as qualifying coverage for all individuals who enroll during the initial enrollment period, for the purpose of applying s. 635.17 (1) (b) , Stats., regardless of the duration of the coverage under the plan.

History: Cr. Register, November, 1993, No. 455 , eff. 2-1-94; correction in (4) made under s. 13.93 (2m) (b) 7., Stats., Register October 2002 No. 562 .

Note

1995 Wis. Act 289 repealed s. 635.17, Stats. See s. 632.746 (1), Stats. Microsoft Windows NT 6.1.7601 Service Pack 1