California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 2 - Policy Forms and Other Documents › Article 10 - Commissioner's Review of Complaints of Unlawful Cancellation, Rescission or Nonrenewal of Health Insurance Policies › Section 2274.50 - Notice of the Right to Request Review by the Commissioner

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each insurer who cancels, rescinds or
				  non-renews, or sends a notice of intent to cancel, rescind or non-renew, a
				  policy of health insurance shall provide to the policyholder, certificate
				  holder or other insured a notice of the right to request a review by the
				  commissioner.
(b) The notice of the
				  right to request a review by the commissioner shall be part of, accompany, or
				  be sent simultaneously with any notice of intent to cancel, rescind or
				  non-renew, including but not limited to the notice required by subdivision (b)
				  of Section
				  2274.53, the notice required by
				  subdivision (h) of Section
				  2274.78 when the insurer's
				  determination is to cancel the policy, and the notice required by subdivision
				  (b) of Insurance Code section
				  10384.17.
				  In the event the insurer does not send a notice of intent to cancel, rescind or
				  non-renew, the notice of the right to request a review by the commissioner
				  shall be part of, accompany, or be sent simultaneously with any notice of
				  cancellation, nonrenewal or rescission the insurer sends to the policyholder,
				  certificate holder or other insured.
(c) The form of notice specified in
				  subdivision (d) of this Section
				  2274.50 shall satisfy the notice
				  requirement stated in subdivision (a) of this section, provided the notice is
				  printed in bold, 12-point or larger type. The insurer shall send the notice via
				  first-class mail to the policyholder's, certificate holder's or other insured's
				  most recent address known to the insurer.
(d) NOTICE OF RIGHT TO REQUEST REVIEW BY THE
				  CALIFORNIA INSURANCE COMMISSIONER
You may request a review by the California Insurance
					 Commissioner if you believe your health insurance policy or coverage has been
					 or will be wrongly canceled, rescinded or not renewed. To do so, you must, as
					 soon as possible, submit your request for review in writing to: California
					 Department of Insurance, Consumer Communications Bureau, 300 S. Spring Street,
					 South Tower, Los Angeles, California, 90013 or through the website:
http://www.insurance.ca.gov
.
					 You may contact the California Insurance Commissioner's Consumer Communications
					 Bureau at 1-800-927-HELP (4357) or TDD 1-800-482-4833 for information about how
					 to request a review in writing. Please provide the Department with your health
					 insurance policy number, copies of any letters you have received from us or a
					 copy of your health insurance card.
You have 30 days from the date we sent this notice to you
					 to request a review by the commissioner in order to ensure that we are required
					 to provide you health insurance coverage while your request for review is being
					 evaluated. To ensure that your coverage is continued without interruption,
					 however, you must request a review by the commissioner before your coverage
					 ends. Even if more than 30 days have passed since we sent this notice, we must
					 continue your coverage while your request is being evaluated, as long as you
					 request the review by the commissioner at a time when your coverage is still in
					 effect.
Regardless of whether or not we are required to provide you
					 health insurance coverage while your request for review is being evaluated, the
					 commissioner will order us to reinstate your coverage, retroactive to the time
					 of cancellation, rescission or nonrenewal, if the commissioner determines that
					 your request for review is a proper complaint and, ultimately, that the
					 cancellation, rescission, or nonrenewal was unlawful.
WARNING: You must continue to pay your insurance premiums
					 on time in order to maintain coverage, and if your coverage is reinstated
					 retroactively you will be responsible for paying insurance premiums
					 corresponding to any gap in coverage between the time your coverage was
					 terminated and the time it was continued or reinstated.
1. New
					 article 10 (sections
					 2274.50-2274.60) and section filed
					 11-20-2013; operative 1-1-2014 (Register 2013, No.
					 47).
Note: Authority cited: Sections
						10273.7 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
						10273.4,
						10273.6,
						10273.7,
						10384,
						10384.17
						and
						10713,
						Insurance Code.