(1) To be eligible to purchase health insurance from the pool, a person shall: (a) Be a resident of the state for a period of at least six months and shall: (i) Have received, within six months prior to application to the pool, a rejection in writing, for reasons of health, from an insurer; (ii) Currently have, or have been offered within six months prior to application to the pool, health insurance coverage by an insurer which includes a restrictive rider which limits insurance coverage for a preexisting medical condition for a period of time exceeding twelve months; or (iii) Have been refused health insurance coverage comparable to the pool, or have been offered such coverage at a rate exceeding the premium rate for pool coverage, within six months prior to application to the pool; or (b) Be a resident of the state for any length of time and be an individual: (i) For whom, as of the date the individual seeks coverage under this section, the aggregate of the periods of creditable coverage is eighteen or more months and whose most recent prior creditable coverage was under a group health plan, governmental plan, or church plan; (ii) Who is not eligible for coverage under a group health plan, Part A or Part B of Title XVIII of the Social Security Act, or a state plan under Title XIX of the Social Security Act, or any successor program, and who does not have any other health insurance coverage; (iii) With respect to whom the most recent coverage was not terminated for factors relating to nonpayment of premiums or fraud; and (iv) Who had been offered the option of continuation coverage under COBRA or under a similar program, who elected such continuation coverage, and who has exhausted such continuation coverage.
(2) The board may adopt and promulgate a list of medical or health conditions for which a person would be eligible for pool coverage without applying for health insurance pursuant to this section. Persons who can demonstrate the existence or history of any medical or health conditions on the list adopted and promulgated by the board shall be eligible to apply directly to the pool for insurance coverage.