No COB provision may be used that permits a plan to reduce its benefits on the basis that:

1. (1) Another plan exists and the covered person did not enroll in that plan;
2. (2) A person is or could have been covered under another plan, except with respect to Part B of Medicare; or
3. (3) A person has elected an option under another plan providing a lower level of benefits than another option that could have been elected.

Source: SL 2006, ch 259 , § 10.