An HMO may not require an enrollee in a group health plan to
pay a premium or contribution that is different from the premium or
contribution for a similarly situated enrollee based on a health status-related
factor. For purposes of this section, the term "similarly situated"
has the meaning assigned to it in 45 CFR §146.121 (concerning
Prohibiting Discrimination Against Participants and Beneficiaries
Based on a Health Factor). An HMO may not establish policies or procedures
that are based on health status-related factors for the eligibility
of any individual to enroll under a group plan.
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