§ 15-1404. Determining period of creditable coverage.

   (a) Waiting period or affiliation period. -- In determining a period of creditable coverage, any period that an individual is in a waiting period for any coverage under a group health benefit plan or an affiliation period may not be taken into account in determining any period of continuous creditable coverage.

(b) Specific benefits covered. -- Except as provided in subsection (c) of this section, a carrier shall count a period of creditable coverage without regard to the specific benefits covered during the period.

(c) Election to reduce period of preexisting condition provision. --

   (1) A carrier may elect to reduce the period of any preexisting condition provision based on coverage of benefits within any class or category of benefits specified by the Secretary by regulation.

   (2) Any election made under this section shall be made on a uniform basis for all covered individuals.

   (3) A carrier that makes an election under this section shall count a period of creditable coverage with respect to any class or category of benefits if any level of benefits is covered within that class or category.

(d) Notice of election. -- A carrier that makes an election under subsection (c) of this section shall:

   (1) prominently state in any disclosure statements concerning the coverage, and to each employer at the time of the offer or sale of the coverage, that the carrier has made this election; and

   (2) include in the statement a description of the effect of the election on the member or subscriber.

HISTORY: An. Code 1957, art. 48A, § 767; 1997, ch. 294, § 3.