§ 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.
Structure Rhode Island General Laws
Title 42 - State Affairs and Government
Chapter 42-157 - Rhode Island Health Benefit Exchange
Section 42-157-1. - Establishment of exchange.
Section 42-157-2. - Definitions.
Section 42-157-3. - General requirements.
Section 42-157-4. - Financing.
Section 42-157-5. - Regional purchasing, efficiencies, and innovation.
Section 42-157-5.1. - Small business health options program (SHOP) innovation waiver.
Section 42-157-7. - Exchange advisory board.
Section 42-157-8. - Reporting.
Section 42-157-9. - Relation to other laws.
Section 42-157-10. - Severability.
Section 42-157-11. - Exemptions from the shared responsibility payment penalty.
Section 42-157-14. - Regulatory authority.
Section 42-157-15. - Special enrollment — Pregnancy. [Effective January 1, 2023.]