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42 U.S.C. § 300gg–12Prohibition on rescissions

submitted 82 years ago by Pub. L. 111-148 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 106 words · no verdicts yet

in plain englishAI-generated · not legal advice

Health plans and insurers can't retroactively cancel your coverage once you're enrolled. The only exception is if you committed fraud or lied about something important. Even then, you must get advance notice before your coverage ends.

A group health plan and a health insurance issuer offering group or individual coverage can't rescind — cancel retroactively — your plan or coverage once you're enrolled. The one exception is if you committed fraud or made an intentional misrepresentation of a material fact, in violation of the plan's or coverage's own terms. Even in that case, the plan or coverage can't be cancelled without giving you prior notice, and cancellation is only allowed as permitted under section 300gg–2(b) or section 300gg–42(b) of this title.
the actual law source: uscode.house.gov ↗public domain

A group health plan and a health insurance issuer offering group or individual health insurance coverage shall not rescind such plan or coverage with respect to an enrollee once the enrollee is covered under such plan or coverage involved, except that this section shall not apply to a covered individual who has performed an act or practice that constitutes fraud or makes an intentional misrepresentation of material fact as prohibited by the terms of the plan or coverage. Such plan or coverage may not be cancelled except with prior notice to the enrollee, and only as permitted under section 300gg–2(b) 1 or 300gg–42(b) of this title.

Source credit: (July 1, 1944, ch. 373, title XXVII, § 2712, as added Pub. L. 111–148, title I, § 1001(5), Mar. 23, 2010, 124 Stat. 131.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 111-148 · 124 Stat. 131

A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-148 on 1944-07-01.

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