Okla. Admin. Code § 365:10-1-10

Current through Vol. 42, No. 8, January 2, 2025

Section 365:10-1-10 - Portability form

(a)Purpose. The purpose of this section is to set forth a portability form which may be accepted by insurers transacting health insurance in the state, state agencies and insurance trusts.

(b)Portability form. The form in Appendix U of this Chapter may be accepted by all insurers transacting health insurance in the state, all employers that require proof of portability of insurance benefits for their records and all insurance trusts or derivatives thereof.

(c)Form availability. The portability form is to be completed by the employer and provided to the employee upon termination of employment. The form may be included with information pertaining to continuation of group coverage through COBRA.

(d)Proof of satisfaction of preexisting conditions. A form properly completed and signed by the previous employer may be accepted by the succeeding employer as proof of satisfaction of preexisting condition limitations or exclusions under the previous group coverage. Additional documentation should not be necessary either from the employee, the previous employer or the prior carrier, provided that the employee applies for the new coverage within 31 days of eligibility.

(e)COBRA extension. Electing COBRA continues group coverage and extends eligibility for continuous group coverage for purposes of portability.

(f)Use of form. The use of the portability form by employers is strictly voluntary. Failure to use this form will not result in civil or criminal penalties under the Insurance Code. The Portability form is designed to promote ease and uniformity of administration of health insurance benefits in compliance with 36 O.S. § 4509.2.

Okla. Admin. Code § 365:10-1-10

Added at 11 Ok Reg 1835, eff 5-15-94