33-31-307. Affiliation periods. (1) A health maintenance organization that offers health insurance coverage in connection with a group health plan and that does not impose a preexisting condition exclusion allowed by 33-22-246 or 33-22-514 with respect to any particular coverage option may impose an affiliation period for that coverage option if:
     (a) the affiliation period is applied uniformly without regard to any health status-related factors; and
     (b) the affiliation period does not exceed 2 months, or 3 months in the case of a late enrollee, as defined in 33-22-140.
     (2) A health maintenance organization is not required to provide health care services or benefits during the affiliation period, and a premium may not be charged to the participant or beneficiary for any coverage during the affiliation period. An affiliation period begins on the enrollment date and runs concurrently with any waiting period under the plan.
     (3) A health maintenance organization may use a method other than an affiliation period to address adverse selection if the method is approved by the commissioner.
     (4) The definitions in 33-22-140 apply to this section.

     History: En. Sec. 43, Ch. 416, L. 1997.