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Revised Statues - Chapter 44 Insurance


44-5305: Policy or contract; eligibility.

(1) An uninsured access coverage policy or contract shall limit eligibility to individuals or families: (a) Whose gross income does not exceed one hundred eighty-five percent of income standards prescribed by the federal Office of Management and Budget income poverty guidelines in effect on February 1, 1991, or as may be later amended; and (b) Who are not eligible for medicare or any other medical assistance program, including, but not limited to, the program established pursuant to sections 68-1018 to 68-1025.

(2) Every uninsured access coverage policy or contract shall specify the time period, not exceeding six months, for which any applicant is required to demonstrate eligibility based upon the income standards of such policy or contract, and every such policy or contract shall specify what constitutes sufficient verification of income at the time of application and annual renewals.

(3) If an individual's or a family's income exceeds the income eligibility standards of the uninsured access coverage policy or contract and such individual or family is thereby no longer eligible for continued coverage, the uninsured access coverage policy or contract shall allow a transfer to a designated type of individual policy or contract without evidence of insurability and without interruption in coverage subject to payment of premiums. Each uninsured access coverage policy or contract shall specify the type of individual policy or contract to which an insured person may transfer.



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