California Code of Regulations
Title 10 - Investment
Chapter 5 - Insurance Commissioner
Subchapter 2 - Policy Forms and Other Documents
Article 11 - Standards for Health History Questionnaires in Health Insurance Applications, Pre-Issuance Medical Underwriting and Rescission of Health Insurance Policies
Section 2274.71 - Scope
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) This article shall apply to all health insurance policies as defined in Insurance Code section 106(b) and all certificates issued under such policies where the insurer applies medical underwriting guidelines and where guaranteed issue requirements do not apply.
(b) This article is not intended to set forth an exhaustive list of all rights and responsibilities of insureds or insurers with respect to applicable statutes governing medical underwriting and rescissions of health insurance policies and related issues. This article does not preclude the insurer's use of new underwriting methods or techniques.
(c) Any provision of this article shall be inapplicable to the extent it conflicts with any provision of the Patient Protection and Affordable Care Act of 2010, 111 Pub. L. No. 148, 124 Stat. 119 (2010), as amended, or any federal regulations at any time implementing it, as amended (collectively, the "Act"), provided the provision of the Act has gone into effect and is operative. However, any provision of this article to which the preceding sentence applies shall yield to the applicable provision of the Act only to the extent necessary to avoid the conflict and otherwise shall remain in force to the fullest extent possible.
1. New section
filed 7-19-2010; operative 8-18-2010 (Register 2010, No. 30).
2. Change
without regulatory effect amending NOTE filed 9-23-2010 pursuant to section
100, title 1, California Code of
Regulations (Register 2010, No. 39).
Note: Authority cited: Sections 790.10, 10291.5, 10384, 12921 and 12926, Insurance Code; CalFarm Ins. Co. v. Deukmejian, 48 Cal.3d 805 (1989); and 20th Century Ins. Co. v. Garamendi, 8 Cal. 4th 216 (1994). Reference: Sections 106, 380, 730, 733, 734, 790.03, 796.04, 10113, 10291.5, 10380, 10381.5 and 10384, Insurance Code.
