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CALIFORNIA - Pacificare Health Systems

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cancellation notification, you will experience no break<br />

in coverage and no change in benefits. However, if<br />

you do not pay your Premium, enrollment will be<br />

cancelled effective 15 days after PacifiCare mailed<br />

the cancellation notice. A termination notice will be<br />

sent to you at that time and any Premium payments<br />

for coverage after the effective date of cancellation<br />

received after the 15-day notice period has expired will<br />

be refunded to you within 20 business days. However,<br />

you remain financially responsible for unpaid Premium<br />

for coverage prior to the effective date of cancellation.<br />

Coverage Under the <strong>Health</strong> Insurance<br />

Portability and Accountability Act of 1996<br />

(HIPAA)<br />

You may be eligible for the PacifiCare HIPAA<br />

Guaranteed Issue product, regardless of health status,<br />

if you:<br />

1. Have had at least 18 months of prior creditable<br />

coverage, with the most recent prior creditable<br />

coverage under a group <strong>Health</strong> Plan,<br />

governmental plan or church plan, and with no<br />

break in creditable coverage greater than 63 days;<br />

2. Are not currently entitled to coverage under a<br />

group <strong>Health</strong> Plan, Medicare or Medicaid*;<br />

3. Do not currently have other health insurance<br />

coverage;<br />

4. Your most recent creditable coverage was not<br />

terminated because of nonpayment of Premiums<br />

or fraud; and<br />

5. If you were eligible, you elected and have used all<br />

federal COBRA continuation coverage available to<br />

you.<br />

*Please note: If you elect COBRA or Cal-COBRA<br />

Continuation Coverage, you are eligible for guaranteed<br />

issuance of a HIPAA individual contract at the time your<br />

COBRA or Cal-COBRA coverage ends. However, if you<br />

select Individual Conversion coverage instead, you will<br />

not be eligible for a HIPAA-guaranteed product.<br />

HIPAA-eligible individuals need not be under age sixtyfive<br />

(65) or meet medically underwritten requirements,<br />

but must qualify under the criteria for guaranteed<br />

issuance under HIPAA. Please contact PacifiCare’s<br />

Customer Service for more information.<br />

Member Eligibility<br />

Your Rights Under HIPAA Upon Termination of<br />

This Group Contract<br />

HIPAA is the acronym for the federal law known as the<br />

<strong>Health</strong> Insurance Portability and Accountability Act of<br />

1996. HIPAA protects health insurance coverage for<br />

workers and their families when they change or lose<br />

their jobs. California state law provides similar and<br />

additional protections.<br />

If you lose your group health insurance coverage and<br />

meet certain important criteria, you are entitled to<br />

purchase coverage under an individual contract from<br />

any <strong>Health</strong> Plan that sells health insurance coverage<br />

to individuals. Significant protections come with the<br />

HIPAA individual contract: no Pre-Existing Condition<br />

exclusions, guaranteed renewal at the option of the<br />

enrollee so long as the Plan offers coverage in the<br />

individual market and the enrollee pays the Premiums,<br />

and limitations on the amount of the Premium charged<br />

by the <strong>Health</strong> Plan.<br />

Every <strong>Health</strong> Plan that sells health care coverage<br />

contracts to individuals must fairly and affirmatively<br />

offer, market, and sell HIPAA individual contracts to<br />

all Federally Eligible Defined Individuals. The plan<br />

may not reject an application from a Federally Eligible<br />

Defined Individual for a HIPAA individual contract if:<br />

1. The Federally Eligible Defined Individual agrees<br />

to make the required Premium payments;<br />

2. The Federally Eligible Defined Individual, and<br />

his or her Dependents to be covered by the plan<br />

contract, work or reside in the Service Area in<br />

which the plan operates.<br />

You are a Federally Eligible Defined Individual if, as of<br />

the date you apply for coverage:<br />

1. You have 18 or more months of creditable<br />

coverage without a break of 63 days or more<br />

between any of the periods of creditable coverage<br />

or since the most recent coverage has been<br />

terminated;<br />

2. Your most recent prior creditable coverage was<br />

under a group, government or church plan.<br />

(COBRA and Cal-COBRA are considered employer<br />

group coverage);<br />

3. You were not terminated from your most recent<br />

creditable coverage due to nonpayment of<br />

Premiums or fraud;<br />

Questions? Call the Customer Service Department at 1-800-624-8822. 109<br />

PART A

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