Carrier to offer same coverage to all eligible employees; denial of coverage to otherwise eligible employee

1. If a carrier serving small employers offers coverage to a small employer, the carrier shall offer the same coverage to all of the eligible employees of the small employer and their dependents. A carrier shall not offer coverage to only certain members of a small employer’s group or to only part of the group, but may exclude an otherwise eligible employee, or a dependent of the eligible employee, who requests enrollment in a health benefit plan after the end of the initial period during which the employee or dependent is entitled to enroll under the terms of the plan, if the initial period is at least 30 days. 2. A carrier shall not exclude an eligible employee or dependent if: (a) The employee or dependent: (1) Was covered under other creditable coverage at the time of the initial period for enrollment; (2) Lost coverage under the other creditable coverage as a result of termination of employment or eligibility, the involuntary termination of the creditable coverage, the death of a spouse or divorce; and (3) Requests enrollment within 30 days after termination of the other creditable coverage; (b) The employee is employed by an employer that offers multiple health benefit plans and elects a different plan during an open period for enrollment; or (c) A court has ordered that coverage be provided for a dependent under a covered employee’s health benefit plan and the request for enrollment is made within 30 days after issuance of the court order.