31A-29-115 - Cancellation -- Notice. - Utah Statutes

31A-29-115. Cancellation -- Notice.
(1) (a) On the date of renewal, the pool may cancel an enrollee's policy if:
(i) the enrollee's health condition does not meet the criteria established in Subsection31A-29-111(5);
(ii) the pool has provided written notice to the enrollee's last-known address no less than60 days before cancellation; and
(iii) at least one individual carrier has not reached the individual enrollment capestablished in Section 31A-30-110.
(b) The pool shall issue a certificate of insurability to an enrollee whose policy iscancelled under Subsection (1)(a) for coverage under Subsection 31A-30-108(3) if therequirements of Subsection 31A-29-111(5) are met.
(2) The pool may cancel an enrollee's policy at any time if:
(a) the pool has provided written notice to the enrollee's last-known address no less than15 days before cancellation; and
(b) (i) the enrollee establishes a residency outside of Utah for three consecutive months;
(ii) there is nonpayment of premiums; or
(iii) the pool determines that the enrollee does not meet the eligibility requirements setforth in Section 31A-29-111, in which case:
(A) the policy may be retroactively terminated for the period of time in which theenrollee was not eligible;
(B) retroactive termination may not exceed three years; and
(C) the board's remedy under this Subsection (2)(b) shall be a cause of action against theenrollee for benefits paid during the period of ineligibility in accordance with Subsection31A-29-119(3).

Amended by Chapter 2, 2004 General Session