Section 8.61. Small employer insurers shall offer coverage to new entrants.

 

(1)  A small employer insurer shall provide under a policy for an enrollment period during which a new entrant is entitled to enroll in coverage under the policy. The small employer insurer shall provide an enrollment period under a policy of at least 30 days after the date the new entrant is notified of the opportunity to enroll. A small employer insurer which offers more than one policy in the initial enrollment period under s. Ins 8.59 (3) shall offer the new entrant the same choice of policies during the new entrant's enrollment period.

(2)  A small employer insurer may not accept waiver of coverage under a policy from a new entrant who is currently covered under the plan established under ch. 149 , Stats. , and shall provide coverage under the policy to the new entrant, unless the policy is a basic health benefit plan and the new entrant is permitted to continue coverage under the plan established under ch. 149 , Stats. , under s. 149.12 (2) (e) , Stats.

(3)  A small employer insurer's policy shall not apply, or permit an employer to apply, a probationary period which must be met before a new entrant is eligible for coverage under a small employer policy, or a similar limitation, that is longer than 6 months.

(4)  A small employer insurer may not add coverage restrictions or limitations under a policy because of the risk characteristics of a new entrant.

(5)  A small employer insurer may assess a risk load to the premium rate associated with a new entrant, consistent with the requirements of s. 635.05 , Stats., and s. Ins 8.52 (3) (d) .

(6)  A small employer insurer shall treat coverage under the plan established under ch. 149 , Stats. , as qualifying coverage for all new entrants 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; corrections in (2) and (6) 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 Act 289 repealed s. 635.17, Stats.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