{"data":{"id":"us-nc/n.c.-gen.-stat.-58-68-35","jurisdiction":"us-nc","citation":"N.C. Gen. Stat. § 58-68-35","heading":"Prohibiting discrimination against individual participants and beneficiaries based on health status.","body":"(a)\tIn Eligibility To Enroll. -\n(1)\tIn general. - Subject to subdivision (2) of this subsection, a group health insurer shall not establish rules for eligibility, including continued eligibility, of any individual to enroll under the terms of the health insurer's plan based on any of the following health status-related factors in relation to the individual or a dependent of the individual:\na.\tHealth status.\nb.\tMedical condition (including both physical and mental illnesses).\nc.\tClaims experience.\nd.\tReceipt of health care.\ne.\tMedical history.\nf.\tGenetic information.\ng.\tEvidence of insurability (including conditions arising out of acts of domestic violence).\nh.\tDisability.\n(2)\tNo application to benefits or exclusions. - To the extent consistent with G.S. 58-68-30, subdivision (1) of this subsection shall not be construed:\na.\tTo require a group health insurance plan to provide particular benefits other than those provided under the terms of the plan, or\nb.\tTo prevent the plan from establishing limitations or restrictions on the amount, level, extent, or nature of the benefits or coverage for similarly situated individuals enrolled in the plan.\n(3)\tConstruction. - For the purposes of subdivision (1) of this subsection, rules for eligibility to enroll under a plan include rules defining any applicable waiting periods for the enrollment.\n(b)\tIn Premium Contributions. -\n(1)\tIn general. - A group health insurance plan shall not require any individual (as a condition of enrollment or continued enrollment under the plan) to pay a premium or contribution that is greater than the premium or contribution for a similarly situated individual enrolled in the plan on the basis of any health status-related factor in relation to the individual or to an individual enrolled under the plan as a dependent of individual.\n(2)\tConstruction. - Nothing in subdivision (1) of this subsection shall be construed:\na.\tTo restrict the amount that an employer may be charged for coverage under a group health insurance plan; or\nb.\tTo prevent a group health insurer from establishing premium discounts or modifying otherwise applicable copayments or deductibles in return for adherence to programs of health promotion and disease prevention. (1997-259, s. 1(c).)\nSubpart 2. Health Insurance Availability and Renewability.","path":["Chapter 58. Insurance.","Article 68. Health Insurance Portability and Accountability.","Part A. Group Market Reforms."],"source_url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_58/GS_58-68-35.html","current_through":"S.L. 2026-30","vintage":"","retrieved_at":"2026-08-27T18:06:53Z","sha256":"0ea25ddba3b075682a30326ab59939c2600dbfa7c6f8d2e26e7e263da9deca35","source_id":"us-nc","stale":false,"prev":"us-nc/n.c.-gen.-stat.-58-68-30","next":"us-nc/n.c.-gen.-stat.-58-68-40"},"notice":"GroundRules: Original legal text. Not legal advice."}