R590-269-3. Definitions

  In addition to the definitions in Sections 31A-1-301 and 31A-30-103, the following definitions apply for the purpose of this rule.

  (1) "Federally Facilitated Marketplace" means an exchange set up by the federal government to facilitate the purchase of individual health insurance in accordance with the Patient Protection and Affordability Care Act (PPACA).

  (2) "Qualifying life event" means an event that triggers a special enrollment period because an individual or dependent:

  (a) loses minimum essential coverage;

  (b) gains a dependent or becomes a dependent through marriage, birth, adoption or placement for adoption;

  (c) enrollment or non-enrollment is unintentional, inadvertent, or erroneous and is the result of the error, misrepresentation, or inaction of an officer, employee or agent of an exchange or the United States Department of Health and Human Services, or its instrumentalities as evaluated and determined by an exchange;

  (d) adequately demonstrates to the individual carrier that the health benefit plan in which he or she is previously enrolled substantially violated a material provision of its contract in relation to the enrollee;

  (e) is newly ineligible for advance payment of premium tax credits; or

  (f) permanently moves into a new service area.

  (2)(a) "Loss of minimum essential coverage" means those circumstances described in 26 CFR 54.9801-6(a)(3)(i) through (iii).

  (b) Loss of minimum essential coverage does not include termination or loss due to:

  (i) failure to pay premiums on a timely basis, including COBRA premiums prior to expiration of COBRA coverage; or

  (ii) situations allowing for a rescission as specified in 45 CFR 147.128.