§ 42-157-12. Special enrollment period for qualified individuals assessed a shared responsibility payment penalty. (a) Definitions. The following definition shall apply for purposes of this section:

(1) "Special enrollment period" means a period during which a qualified individual who is assessed a penalty in accordance with § 44-30-101 may enroll in a qualified health plan through the exchange outside of the annual open enrollment period.

(b) In the case of a qualified individual who is assessed a shared responsibility payment in accordance with § 44-30-101 and who is not enrolled in a qualified health plan, the exchange must provide a special enrollment period consistent with this section and the Federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the Federal Care and Reconciliation Act of 2010 (Public Law 111-152), and any amendments to, or regulations or guidance issued under, those acts.

(c) Effective Date. The exchange must ensure that coverage is effective for a qualified individual who is eligible for a special enrollment period under this section on the first day of the month after the qualified individual completes enrollment in a qualified health plan through the exchange.

(d) Availability and length of special enrollment period. A qualified individual has sixty (60) days from the date he or she is assessed a penalty in accordance with § 44-30-101 to complete enrollment in a qualified health plan through the exchange. The date of assessment shall be determined in accordance with § 44-30-82.

History of Section. (P.L. 2019, ch. 88, art. 11, § 3.)