R590-176-4. General Provisions  


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  •   (1) Any attempt to selectively or unfairly delay, obstruct or otherwise hinder any person from obtaining coverage under Chapter 30 is a violation of Section 31A-30-108.

      (2) Enrollment shall be equally available through all distribution systems.

      (3) A carrier may not market or encourage producers to market individual or small employer health benefit plans in such a way that there is a lessened incentive to insure business with greater health risks.

      (4) All records regarding enrollment applications and underwriting determinations shall:

      (a) be retrievable for examination by the time period the application was received;

      (b) include all documents, indicating the applicable date, pertaining to the application and its underwriting; and

      (c) be retained for the current year plus three years.

      (5) The documents indicated in Subsection (4)(b) would include:

      (a) application and date received,

      (b) notifications to the applicant and the date of notification;

      (c) records used in underwriting and date received; and

      (d) underwriting decision and date of decision.