3234 - Pre-existing condition provisions in group and blanket disability policies.

* §  3234.  Pre-existing  condition  provisions  in  group and blanket  disability policies. (a) Every group or blanket policy issued or  issued  for  delivery  in  this  state  which provides benefits by reason of the  disability of the insured and which includes  a  pre-existing  condition  provision   shall  contain  in  substance  the  following  provision  or  provisions which in the opinion of the superintendent are more favorable  to the members of the group:    (1) In determining whether a pre-existing condition provision  applies  to  an  eligible  person,  the  group or blanket disability policy shall  credit the time the person was previously covered under a previous group  or blanket disability insurance  plan  or  policy  or  employer-provided  disability  benefit arrangement, if the previous coverage was continuous  to a date not more than sixty days prior to the effective  date  of  the  new  coverage.  The  credit  shall apply to the extent that the previous  coverage or level of benefits  was  substantially  similar  to  the  new  coverage or level of benefits; and    (2)  No  pre-existing condition provision shall exclude coverage for a  period in excess of  twelve  months  following  the  effective  date  of  coverage for the covered person.    (b)  Nothing  herein  shall  be  construed  to prohibit or restrict an  insurer from utilizing other forms of underwriting for  the  members  of  the  group  in  lieu  of,  or in addition to, the pre-existing condition  provision described in subsection (a) of this section.    * NB There are 3 § 3234's