1. A. Except as otherwise provided in this section, any person who maintains a primary residence in this state for at least one (1) year shall be eligible for coverage under the plan of the Health Insurance High Risk Pool including:

   1. 1. The spouse of the insured; and
   2. 2. Any dependent unmarried child of the insured, from the moment of birth. Such coverage shall terminate at the end of the premium period in which the child marries, ceases to be a dependent of the insured, or attains the age of nineteen (19) years, whichever occurs first. However, if the child is a full-time student at an accredited institution of higher learning, the coverage may continue while the child remains unmarried and a full-time student, but not beyond the premium period in which the child reaches the age of twenty-three (23) years.

2. B.

   1. 1. No person is eligible for coverage under the Pool plan unless such person has been rejected by at least two insurers for coverage substantially similar to the plan coverage. As used in this paragraph, rejection includes an offer of coverage with a material underwriting restriction or an offer of coverage at a rate equal to or greater than the Pool plan rate. No person is eligible for coverage under the plan if such person has, on the date of issue of coverage under the plan, equivalent coverage under another health insurance contract or policy.
   2. 2. No person who is currently receiving, or is entitled to receive, health care benefits under any federal or state program providing financial assistance or preventive and rehabilitative social services is eligible for coverage under the plan.
   3. 3. No person who is covered under the plan and who terminates coverage is again eligible for coverage unless twelve (12) months has elapsed since the coverage was terminated. The Board may waive the twelve-month waiting period under circumstances to be determined by the Board.
   4. 4. No person on whose behalf the plan has paid out Five Hundred Thousand Dollars ($500,000.00) in covered benefits is eligible for coverage under the plan.
   5. 5. No inmate incarcerated in any state penal institution or confined to any narcotic detention, treatment, and rehabilitation facility shall be eligible for coverage under the plan.
3. C. The Board may establish an annual enrollment cap if the Board determines it is necessary to limit costs to the plan.
4. D. The coverage of any person who ceases to meet the eligibility requirements of this section may be terminated at the end of the month in which an individual no longer meets the eligibility requirements.

Laws 1995, HB 1346, c. 250, § 4, emerg. eff. July 1, 1995; Amended by Laws 1996, SB 729, c. 249, § 3, emerg. eff. May 28, 1996; Amended by Laws 1996, SB 2553, c. 246, § 20 (repealed by Laws 1996, SB 729, c. 249, § 9, emerg. eff. May 28, 1996).