1. (a) Notwithstanding section 2.5 of this chapter and any other law, and except as provided in subsection (b), an individual policy of accident and sickness insurance that is issued after June 30, 2005, may contain a waiver of coverage for a specified condition and any complications that arise from the specified condition if:

   1. (1) the waiver period does not exceed ten (10) years; and

   2. (2) all the following conditions are met:

      1. (A) The insurer provides to the applicant before issuance of the policy written notice explaining the waiver of coverage for the specified condition and complications arising from the specified condition.

      2. (B) The:

         1. (i) offer of coverage; and

         2. (ii) policy;

            include the waiver in a separate section stating in bold print that the applicant is receiving coverage with an exception for the waived condition.

      3. (C) The:

         1. (i) offer of coverage; and

         2. (ii) policy;

            do not include more than two (2) waivers per individual.

      4. (D) The waiver period is concurrent with and not in addition to any applicable preexisting condition limitation or exclusionary period.

      5. (E) The insurer agrees to:

         1. (i) review the underwriting basis for the waiver upon request one (1) time per year; and
         2. (ii) remove the waiver if the insurer determines that evidence of insurability is satisfactory.
      6. (F) The insurer discloses to the applicant that the applicant may decline the offer of coverage and apply for a policy issued by the Indiana comprehensive health insurance association under IC 27-8-10 .

      7. (G) An insurance benefit card issued by the insurer to the applicant includes a telephone number for verification of coverage waived.

         The insurer shall require an applicant to initial the written notice provided under subdivision (2)(A) and the waiver included in the offer of coverage and in the policy under subdivision (2)(B) to acknowledge acceptance of the waiver of coverage. An offer of coverage under a policy that includes a waiver under this subsection does not preclude eligibility for an Indiana comprehensive health insurance association policy under IC 27-8-10-5.1 .

2. (b) An individual policy of accident and sickness insurance may not include a waiver of coverage for a:

   1. (1) mental health condition; or
   2. (2) developmental disability.

3. (c) An insurer may not, on the basis of a waiver contained in a policy as provided in subsection (a), deny coverage for any condition or complication that is not specified as required in the:

   1. (1) written notice under subsection (a)(2)(A); and
   2. (2) offer of coverage and policy under subsection (a)(2)(B).
4. (d) An insurer that removes a waiver under subsection (a)(2)(E) shall not consider the condition or any complication to which the waiver previously applied in making policy renewal and underwriting determinations.

5. (e) Upon the expiration of the waiver period allowed under this section, the insurer shall:

   1. (1) remove the waiver;
   2. (2) not consider the condition or any complication to which the waiver previously applied in making policy underwriting determinations; and
   3. (3) renew the policy in accordance with 45 CFR 148.122.

As added by P.L.211-2005, SEC.1.