(1) For each health benefit plan that is issued or renewed on or after January 1, 2010, a health carrier shall reduce any organ transplant benefit waiting period by the amount of time a covered person had prior creditable coverage. Benefits provided are subject to all other terms and conditions of the health benefit plan, including but not limited to any applicable coinsurances, deductibles, and copayments.

     (2) For purposes of this section, "creditable coverage" means the same as set forth in section 2701 of the federal health insurance portability and accountability act of 1996 (42 U.S.C. Sec. 300gg), as it existed on July 26, 2009, or on such subsequent date as may be provided by the commissioner by rule, consistent with the purposes of this section, and also includes coverage which terminated during the period beginning ninety days and ending sixty-four days before the date of application for the new plan if that coverage would otherwise have qualified as creditable coverage under that federal act.

[2009 c 82 § 2.]

NOTES:

     Intent -- 2009 c 82: "It is the intent of the legislature to reduce organ transplant benefit waiting periods for covered persons who have had prior continuous coverage and have changed health carriers or health benefit plans." [2009 c 82 § 1.]