(a) A health carrier that offers the opportunity to
apply for one or more consumer choice health benefit plans under this
section to a person or entity must also, no later than at the time
of application, offer the opportunity to apply for an accident and
sickness insurance policy or evidence of coverage in the same category
that reasonably approximates the consumer choice health benefit plan
offered, that includes state-mandated health benefits, and that is
otherwise authorized by the Insurance Code.
(b) With regard to health plans required by subsection
(a) of this section, a health carrier must:
(1) use the same sources and methods of distribution
to market both consumer choice health benefit plans and health benefit
plans required by this subsection, and a health carrier that markets
consumer choice health benefit plans through online marketplaces,
other than the federal health exchange, must use the same sources
and methods of distribution to market both consumer choice health
benefit plans and state-mandated health benefit plans required by
this subsection;
(2) make the offer of the health plans, the premium
cost of the plans, as well as any additional details regarding them,
contemporaneously with and in the same manner as the offer and premium
cost of, and other details regarding, the consumer choice health benefit
plan policy or evidence of coverage; and
(3) provide at least the following information:
(A) a description of how the person or entity may apply
for or enroll in each offered policy or evidence of coverage; and
(B) the benefits or services available, or both, and
the premium cost under each offered policy or evidence of coverage.
(c) A health carrier may not apply more stringent or
detailed requirements related to the application process for a consumer
choice health benefit plan, or for a policy or evidence of coverage
offered in accordance with subsection (a) of this section, than it
applies for other health benefit plans offered by the health carrier.
(d) A health carrier offering a consumer choice health
benefit plan must obtain from each prospective policyholder or contract
holder, at or before the time of application, a written affirmation
that the health carrier also offered a policy or evidence of coverage
in compliance with subsection (a) of this section. A health carrier
may combine on a single form this written affirmation and the acknowledgement
of the written disclosure statement required by §21.3530(a)(4)
of this subchapter (relating to Health Carrier Disclosure).
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