* § 3240. Student accident and health insurance. (a) In this section:

1. (1) "Student accident and health insurance" means a policy or contract of hospital, medical, or surgical expense insurance delivered or issued for delivery in this state on or after January first, two thousand fourteen, by an insurer or a corporation, to an institution of higher education covering students enrolled in the institution and the students' dependents.
2. (2) "Institution of higher education" or "institution" shall have the meaning set forth in the higher education act of 1965, 20 U.S.C. § 1001.
3. (3) "Insurer" means an insurer licensed to write accident and health insurance pursuant to this chapter.
4. (4) "Corporation" means a corporation organized in accordance with article forty-three of this chapter.
5. (b) An insurer or corporation shall not impose any pre-existing condition exclusion in a student accident and health insurance policy or contract. An insurer or corporation shall not condition eligibility, including continued eligibility, for a student accident and health insurance policy or contract on health status, medical condition, including both physical and mental illnesses, claims experience, receipt of health care, medical history, genetic information, evidence of insurability, including conditions arising out of acts of domestic violence, or disability.
6. (c) An insurer or corporation shall condition eligibility including continuing eligibility, on the covered individual being enrolled as a student in an institution of higher education to which the student accident and health insurance policy or contract is issued.
7. (d) A student accident and health insurance policy or contract shall provide coverage for essential health benefits as defined in section 1302(b) of the affordable care act, 42 U.S.C. § 18022(b).

8. (e) An insurer or corporation shall not refuse to renew or otherwise terminate a student accident and health insurance policy or contract except for one or more of the reasons set forth in:

   1. (1) subparagraphs (A), (B), (D) or (G) of paragraph two of subsection (p) of section three thousand two hundred twenty-one of this article; or
   2. (2) subparagraphs (A), (B), (D) or (G) of paragraph two of subsection (j) of section four thousand three hundred five of this chapter.
9. (f) Other than the provisions herein also required by article forty-three of this chapter, this section shall not apply to coverage under a student health plan issued pursuant to section one thousand one hundred twenty-four of this chapter.
10. (g) The superintendent may promulgate regulations regarding student accident and health insurance, which may include minimum standards for the form, content and sale of the policies and contracts and, notwithstanding the provisions of section three thousand two hundred thirty-one and four thousand three hundred eight of this chapter, the establishment of rating methodology to be applied to the policies and contracts; provided that any such regulations shall be no less favorable to the insured than that which is provided under federal law and state law applicable to individual insurance.
11. (h) The ratio of benefits to premiums shall be not less than eighty-two percent as calculated in a manner to be determined by the superintendent.
12. (i) Every insurer or corporation shall report to the superintendent annually, on a date specified by the superintendent in a regulation, claims experience and other data in a manner acceptable to the superintendent that shall demonstrate the insurer's or corporation's compliance with the applicable rules and regulations, including the minimum loss ratio required by subsection (h) of this section. Failure to comply with subsection (h) of this section is subject to corrective action, which may include the submission, to the superintendent, of an appropriate rate filing or form and rate filing to reduce future premiums, increase benefits, issue dividends, issue premium refunds or credits, or any combination of these such that the minimum loss ratio can reasonably be expected to be achieved. * NB There are 2 § 3240's