Ohio Revised Code
Chapter 3923 | Sickness and Accident Insurance
Section 3923.38 | Continuing Policy Upon Termination of Employment.

Effective: April 1, 2009
Latest Legislation: House Bill 2 - 128th General Assembly
(A) As used in this section:
(1) "Group policy" includes any group sickness and accident policy or contract delivered, issued for delivery, or renewed in this state on or after June 28, 1984, and any private or public employer self-insurance plan or other plan that provides, or provides payment for, health care benefits for employees resident in this state other than through an insurer or health insuring corporation, to which both of the following apply:
(a) The policy insures employees for hospital, surgical, or major medical insurance on an expense incurred or service basis, other than for specified diseases or for accidental injuries only.
(b) The policy is in effect and covers an eligible employee at the time the employee's employment is terminated.
(2) "Eligible employee" includes only an employee to whom all of the following apply:
(a) The employee has been continuously insured under a group policy or under the policy and any prior similar group coverage replaced by the policy, during the entire three-month period preceding the termination of the employee's employment.
(b) The employee did not voluntarily terminate the employee's employment and the termination of employment is not a result of any gross misconduct on the part of the employee.
(c) The employee is not, and does not become, covered by or eligible for coverage by medicare under Title XVIII of the Social Security Act, as amended.
(d) The employee is not, and does not become, covered by or eligible for coverage by any other insured or uninsured arrangement that provides hospital, surgical, or medical coverage for individuals in a group and under which the person was not covered immediately prior to such termination. A person eligible for continuation of coverage under this section, who is also eligible for coverage under section 3923.123 of the Revised Code, may elect either coverage, but not both. A person who elects continuation of coverage may elect any coverage available under section 3923.123 of the Revised Code upon the termination of the continuation of coverage.
(3) "Group rate" means, in the case of an employer self-insurance or other health benefits plan, the average monthly cost per employee, over a period of at least twelve months, of the operation of the plan that would represent a group insurance rate if the same coverage had been provided under a group sickness and accident insurance policy.
(B) A group policy shall provide that any eligible employee may continue the employee's hospital, surgical, and medical insurance under the policy, for the employee and the employee's eligible dependents, for a period of twelve months after the date that the insurance coverage would otherwise terminate by reason of the termination of the employee's employment. Each certificate of coverage, or other notice of coverage, issued to employees under the policy shall include a notice of the employee's privilege of continuation.
(C) All of the following apply to the continuation of coverage required under division (B) of this section:
(1) Continuation need not include dental, vision care, or any other benefits provided under the policy in addition to its hospital, surgical, or major medical benefits.
(2) The employer shall notify the employee of the right of continuation at the time the employer notifies the employee of the termination of employment. The notice shall inform the employee of the amount of contribution required by the employer under division (C)(4) of this section.
(3) The employee shall file a written election of continuation with the employer and pay the employer the first contribution required under division (C)(4) of this section. The request and payment must be received by the employer no later than the earlier of any of the following dates:
(a) Thirty-one days after the date on which the employee's coverage would otherwise terminate;
(b) Ten days after the date on which the employee's coverage would otherwise terminate, if the employer has notified the employee of the right of continuation prior to such date;
(c) Ten days after the employer notifies the employee of the right of continuation, if the notice is given after the date on which the employee's coverage would otherwise terminate.
(4) The employee must pay to the employer, on a monthly basis, in advance, the amount of contribution required by the employer. The amount required shall not exceed the group rate for the insurance being continued under the policy on the due date of each payment.
(5) The employee's privilege to continue coverage and the coverage under any continuation ceases if any of the following occurs:
(a) The employee ceases to be an eligible employee under division (A)(2)(c) or (d) of this section;
(b) A period of twelve months expires after the date that the employee's insurance under the policy would otherwise have terminated because of the termination of employment;
(c) The employee fails to make a timely payment of a required contribution, in which event the coverage shall cease at the end of the coverage for which contributions were made;
(d) The policy is terminated, or the employer terminates participation under the policy, unless the employer replaces the coverage by similar coverage under another group policy or other group health arrangement.
If the employer replaces the policy with similar group health coverage, all of the following apply:
(i) The member shall be covered under the replacement coverage, for the balance of the period that the member would have remained covered under the terminated coverage if it had not been terminated.
(ii) The minimum level of benefits under the replacement coverage shall be the applicable level of benefits of the policy replaced reduced by any benefits payable under the policy replaced.
(iii) The policy replaced shall continue to provide benefits to the extent of its accrued liabilities and extensions of benefits as if the replacement had not occurred.
(D) This section does not apply to an employer's self-insurance plan if federal law supersedes, preempts, prohibits, or otherwise precludes its application to such plans.
(E) An employer shall notify the insurer if the employee elects continuation of coverage under this section. The insurer may require the employer to provide documentation if the employee elects continuation of coverage and is seeking premium assistance for the continuation of coverage under the "American Recovery and Investment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115. The director of insurance shall publish guidance for employers and insurers regarding the contents of such documentation.

Structure Ohio Revised Code

Ohio Revised Code

Title 39 | Insurance

Chapter 3923 | Sickness and Accident Insurance

Section 3923.01 | Policy of Sickness and Accident Insurance Defined.

Section 3923.011 | Sickness and Accident Insurance Definitions.

Section 3923.02 | Form of Policy Filed With Superintendent.

Section 3923.021 | Approval or Disapproval of Premium Rates.

Section 3923.022 | Maximum Aggregate Administrative Expenses.

Section 3923.03 | Necessary Provisions.

Section 3923.04 | Policy Standard Provisions.

Section 3923.041 | Policies With Prior Authorization Requirement Provisions.

Section 3923.05 | Provisions to Conform to Prescribed Wording.

Section 3923.06 | Order of Presentation of Policy Provisions.

Section 3923.061 | Interest on Proceeds Payable Due to Death by Sickness or Accident.

Section 3923.07 | Omission or Substitution of Provisions.

Section 3923.071 | Policies, Applications, Riders or Indorsements Issued Prior to 10-1-53.

Section 3923.08 | Nonconflicting Provisions Permitted in Policy.

Section 3923.09 | Validity of Nonconforming Policy.

Section 3923.10 | Industrial Sickness and Accident Insurance.

Section 3923.11 | Sickness and Accident Insurance on a Franchise Plan.

Section 3923.12 | Group Sickness and Accident Insurance.

Section 3923.121 | Association of Insurers to Provide Basic Medical Coverage to Persons 65 or Older.

Section 3923.122 | [Suspended Eff. 1/1/2014 to 1/1/2026, per Section 3 of s.b. 9 of the 130th General Assembly, as Amended] Option for Conversion From Group Policy to Individual Policy.

Section 3923.123 | Association of Insurers to Provide Group Health Coverage to Qualified Unemployed Persons.

Section 3923.13 | Blanket Sickness and Accident Insurance.

Section 3923.14 | False Statement in Application - Alteration of Written Application.

Section 3923.141 | Agent of the Insurer.

Section 3923.15 | Unfair Discrimination Prohibited.

Section 3923.16 | Misleading or Deceptive Advertising Prohibited.

Section 3923.161 | Describing Cancellability and Renewability Provisions Clearly and With Prominence or Emphasis.

Section 3923.17 | Prohibition of Rebates Not to Prohibit Commissions or Dividends.

Section 3923.18 | Rights of Insurer in Defense of Claim Not Waived.

Section 3923.19 | Benefits Exempt From Legal Process - Exception.

Section 3923.20 | Exemptions for Certain Insurance Policies.

Section 3923.21 | Prohibition Against Delivery of Policy on Disapproved Insurance Form.

Section 3923.22 | Appeal - Applicability of Administrative Procedure Sections.

Section 3923.23 | Reimbursement for Services of Licensed Osteopath, Optometrist, Chiropractor or Podiatrist.

Section 3923.231 | Reimbursement for Services of Licensed Psychologist.

Section 3923.232 | Reimbursement for Services of Licensed Dentist.

Section 3923.233 | Reimbursement for Services of Certified Nurse-Midwife Performing Service in Collaboration With Licensed Physician.

Section 3923.234 | Reimbursement for Services of Certified Mechanotherapist.

Section 3923.24 | Continuing Coverage for Dependent Children.

Section 3923.241 | Public Employee Benefit Plans - Continuing Coverage for Dependent Children.

Section 3923.25 | Kidney Dialysis Benefits.

Section 3923.26 | Coverage for Newly Born Children From the Moment of Birth.

Section 3923.27 | Hospitalization Coverage for Mental Illness.

Section 3923.28 | Outpatient Coverage for Mental or Emotional Disorders.

Section 3923.281 | Sickness and Accident Policies - Biologically Based Mental Illness.

Section 3923.282 | Health Coverage Plans - Biologically Based Mental Illness.

Section 3923.29 | Outpatient, Inpatient, and Intermediate Primary Care Benefits for Alcoholism.

Section 3923.30 | Requiring Provision of Coverage of Treatment of Mental or Nervous Disorders and Alcoholism.

Section 3923.301 | Requiring Provision of Coverage for Services of Certified Nurse-Midwife Performing Service in Collaboration With Licensed Physician.

Section 3923.31 | Right to Rescind Individual Policy of Sickness and Accident Insurance.

Section 3923.32 | Right of Family Member to Continue Coverage After Subscriber's Death or Upon Change in Marital Relation to Subscriber.

Section 3923.33 | Medicare Supplement Policy Definitions.

Section 3923.331 | Statutes Applicable to Medicare Supplement Policies.

Section 3923.332 | Standards for Policy Provisions of Medicare Supplement Policies and Certificates.

Section 3923.333 | Benefits to Be Reasonable in Relation to Premium Charged.

Section 3923.334 | Outline of Coverage Delivered at Time Application Is Made.

Section 3923.335 | Right to Return Policy or Certificate and Have Premium Refunded.

Section 3923.336 | Review and Approval of Advertisement by Superintendent.

Section 3923.337 | Rules.

Section 3923.338 | Orders of Superintendent.

Section 3923.339 | Severability.

Section 3923.36 | Excluding Coverage of Illness or Injury Covered by Workers' Compensation.

Section 3923.37 | Prohibiting Exclusion or Reduction of Benefits Because of Benefits Payable Under Supplemental Policy.

Section 3923.38 | Continuing Policy Upon Termination of Employment.

Section 3923.381 | Continuing Coverage Under Group Policy When Reservist Is Called or Ordered to Active Duty.

Section 3923.382 | Continuing Coverage Under Group Plan When Reservist Is Called or Ordered to Active Duty.

Section 3923.39 | Consolidated Corporation Cancelling Individual Policy for Nonpayment.

Section 3923.40 | Coverage of Adopted Children.

Section 3923.41 | Long-Term Care Insurance Definitions.

Section 3923.42 | Citing Provisions - Applicability.

Section 3923.43 | Evidence to Be Filed by Long-Term Care Insurance Association.

Section 3923.44 | Standards for Full and Fair Disclosure for Sale of Long-Term Care Insurance Policies.

Section 3923.441 | Rescission of Long-Term Care Policy for Misrepresentation.

Section 3923.442 | Offer of Nonforfeiture Benefit Option With Long-Term Care Policy.

Section 3923.443 | Training Required for Agents Selling Long-Term Care Policies.

Section 3923.444 | Compensation of Agents Selling Long-Term Care Policies.

Section 3923.45 | Forms.

Section 3923.46 | Rates for Individual Policy.

Section 3923.47 | Rules.

Section 3923.48 | Violation Is Unfair and Deceptive Insurance Practice.

Section 3923.49 | Establishing Outreach Program to Educate Consumers.

Section 3923.50 | Notifying Department of Job and Family Services of Long-Term Care Insurance Policies That Comply With Insurance Department Requirements.

Section 3923.51 | Group Contracts of Sickness and Accident Insurance Persons Under Nineteen Who Are Members of Impoverished Families.

Section 3923.52 | Screening Mammography and Cytologic Screening Benefits.

Section 3923.53 | Public Employee Benefit Plan - Breast Cancer and Cervical Cancer Screening.

Section 3923.54 | Employee Health Care Benefit Plan.

Section 3923.55 | Policy to Include Benefits for Child Health Supervision Services From Moment of Birth Until Age Nine.

Section 3923.56 | Plan to Include Benefits for Child Health Supervision Services From Moment of Birth Until Age Nine.

Section 3923.57 | Pre-Existing Conditions Provisions.

Section 3923.571 | Conditions Applying to Group Policies of Sickness and Accident Insurance Sold in Connection With Employment-Related Group Health Plan.

Section 3923.58 | [Suspended Eff. 1/1/2014 to 1/1/2026, per Section 3 of s.b. 9 of the 130th General Assembly, as Amended] Open Enrollment Coverage - Insurers in the Business of Issuing Individual Policies of Sickness and Accident Insurance.

Section 3923.581 | [Suspended Eff. 1/1/2014 to 1/1/2026, per Section 3 of s.b. 9 of the 130th General Assembly, as Amended] Open Enrollment Coverage - Carriers in the Business of Issuing Health Benefit Plans to Individuals or Nonemployer Groups.

Section 3923.582 | [Suspended Eff. 1/1/2014 to 1/1/2026, per Section 3 of s.b. 9 of the 130th General Assembly, as Amended] Open Enrollment Coverage - Responsibilities of Superintendent of Insurance.

Section 3923.59 | [Suspended Eff. 1/1/2014 to 1/1/2026, per Section 3 of s.b. 9 of the 130th General Assembly, as Amended] Open Enrollment Reinsurance Program.

Section 3923.60 | Standard Medical Reference Compendia for Coverage of Prescription Drugs.

Section 3923.601 | Standardized Prescription Identification Information - Pharmacy Benefits to Be Included.

Section 3923.602 | Medication Synchronization for Insured.

Section 3923.61 | Public Employee Benefit Plans - Prescription Drugs.

Section 3923.62 | Disclosing Determination of Usual and Customary Fee for Dental Benefits.

Section 3923.63 | Coverage of Inpatient Care and Follow-Up Care for Mother and Her Newborn.

Section 3923.64 | Public Employee Benefit Plans - Maternity Benefits.

Section 3923.65 | Coverage for Emergency Services.

Section 3923.80 | Denial of Coverage to Cancer Clinical Trial Participant.

Section 3923.81 | Covered Person's Payments Not to Exceed Insurer Payments.

Section 3923.82 | Coverage for Alcohol or Drug Related Losses or Expenses.

Section 3923.83 | Standardized Prescription Identification Information - Pharmacy Benefits to Be Included - Public Employee Benefit Plan.

Section 3923.84 | Coverage for Autism Spectrum Disorder.

Section 3923.85 | Cancer Medication; Coverage for Orally and Intravenously Administered Treatments.

Section 3923.851 | Prior Authorization Requirements or Other Utilization Review Measures as Conditions of Providing Coverage of an Opioid Analgesic Prescribed for Treatment of Chronic Pain; Exceptions.

Section 3923.86 | Statement Provided to Insureds Under Vision Policy.

Section 3923.87 | Compliance With Section 3959.20.

Section 3923.89 | Payment or Reimbursement to Pharmacist.

Section 3923.90 | Teledentistry to Be Included in Coverage.

Section 3923.99 | Penalty.