§ 42-157-12. Special enrollment period for qualified individuals assessed a shared responsibility payment penalty. (a) Definitions. The following definition shall apply for purposes of this section:
(1) "Special enrollment period" means a period during which a qualified individual who is assessed a penalty in accordance with § 44-30-101 may enroll in a qualified health plan through the exchange outside of the annual open enrollment period.
(b) In the case of a qualified individual who is assessed a shared responsibility payment in accordance with § 44-30-101 and who is not enrolled in a qualified health plan, the exchange must provide a special enrollment period consistent with this section and the Federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the Federal Care and Reconciliation Act of 2010 (Public Law 111-152), and any amendments to, or regulations or guidance issued under, those acts.
(c) Effective Date. The exchange must ensure that coverage is effective for a qualified individual who is eligible for a special enrollment period under this section on the first day of the month after the qualified individual completes enrollment in a qualified health plan through the exchange.
(d) Availability and length of special enrollment period. A qualified individual has sixty (60) days from the date he or she is assessed a penalty in accordance with § 44-30-101 to complete enrollment in a qualified health plan through the exchange. The date of assessment shall be determined in accordance with § 44-30-82.
History of Section. (P.L. 2019, ch. 88, art. 11, § 3.)
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.