(1) A group health plan or a health insurance issuer offering group health insurance coverage may not exclude coverage for a preexisting condition unless:
- (a) medical advice, diagnosis, care, or treatment was recommended or received by the participant or beneficiary within the 6-month period ending on the enrollment date;
- (b) exclusion of coverage extends for a period of not more than 12 months or 18 months in the case of a late enrollee; and
- (c) the period of the preexisting condition exclusion is reduced by the aggregate of the periods of creditable coverage applicable to the participant or beneficiary as of the enrollment date.
- (2) Genetic information may not be excluded as a preexisting condition in the absence of a diagnosis of the condition related to the genetic information.
- (3) Pregnancy may not be excluded as a preexisting condition.
History: En. Sec. 39, Ch. 416, L. 1997; amd. Sec. 44, Ch. 472, L. 1999.