{"data":{"id":"us-ok/okla.-stat.-tit.-36-36-4509.2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 36, § 36-4509.2","heading":"Acceptance by succeeding carriers - Preexisting","body":"conditions limitations or waiting requirements.\n\nA. When an insured individual or a dependent who was covered by\n\ngroup insurance pursuant to the provisions of the Health Insurance\n\nPortability and Accountability Act of 1996, 29 U.S.C.A., Section\n\n1181 et seq., gains employment with an employer who provides for\n\nhealth insurance through a group plan, the succeeding group carrier\n\nshall accept the insured individual and dependents of the insured\n\nindividual who were covered under the prior coverage and shall not\n\napply limitations or exclusions based on preexisting conditions or\n\napply waiting-period requirements for the insured individual or the\n\ndependents of the insured individual beyond the time when any\n\nsurviving exclusion or waiting period with the prior carrier would\n\nhave been fulfilled. The insured individual and any dependents of\n\nsuch individual must apply for the new coverage within sixty-three\n\n(63) days following the date of termination of prior creditable\n\ncoverage.\n\nB. When an insured individual or dependent who was covered by\n\nindividual insurance pursuant to the provisions of the Health\n\nInsurance Portability and Accountability Act of 1996, 29 U.S.C.A.,\n\nSection 1181 et seq., gains employment with an employer who provides\n\nfor health insurance through a group plan, the succeeding group\n\ncarrier shall accept the insured individual and dependents of the\n\ninsured individual who were covered under the prior coverage and\n\nshall not apply limitations or exclusions based on preexisting\n\nconditions or apply waiting-period requirements for the insured\n\nindividual or the dependents of the insured individual beyond the\n\ntime when any surviving exclusion or waiting period with the prior\n\ncarrier would have been fulfilled. The insured individual and any\n\ndependents of such individual must apply for the new coverage within\n\nsixty-three (63) days following the date of termination of prior\n\ncreditable coverage.\n\nC. Insurance carriers receiving an application for individual\n\ninsurance may underwrite the risk or decline coverage based on the\n\nunderwriting guidelines of the insurance carrier.\n\nD. When there is a lapse in the coverage of the insured\n\nindividual or a dependent of the insured individual provided for by\n\nsubsections A, B, and C of this section for any reason other than a\n\nprobationary period or similar waiting period imposed pursuant to\n\npersonnel policies of an employer, the provisions of subsections A,\n\nB, and C of this section shall not apply to the person whose\n\ncoverage lapsed.\n\nE. When an individual employee who was covered under a group\n\nhealth insurance plan terminates employment with an employer and\n\ngains employment with another employer who provides for health\n\ninsurance through a group plan, the carrier of the succeeding\n\nemployer shall not apply preexisting conditions limitations or\n\nexclusions of preexisting conditions or apply waiting-period\n\nrequirements for the individual employee or his dependents covered\n\nunder the group plan of the previous employer beyond the time when\n\nany surviving exclusion or waiting period with the prior carrier\n\nwould have been fulfilled, provided the individual employee applies\n\nfor the new coverage within thirty-one (31) days following the date\n\nof eligibility for participation in the plan in accordance with the\n\nemployment or personnel policies of the employer of such\n\nparticipation.\n\nF. When there is a lapse in the coverage of the individual\n\nemployee provided for by subsection E of this section for any reason\n\nother than a probationary period or similar waiting period imposed\n\nby the employment or personnel policies of the employer, the\n\nprovisions of subsection E of this section shall not apply.","path":["OK Code","Title 36"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os36.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"65357e6ae83c318ddd0d3d9d3edc615ba2fe79a07f6bbd7183b3d5ca004ab996","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-36-36-4509.1","next":"us-ok/okla.-stat.-tit.-36-36-4509.3"},"notice":"GroundRules: Original legal text. Not legal advice."}