(1) An individual shall not be eligible for initial or continued pool coverage if:

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Terms Used In Nebraska Statutes 44-4222

  • Medicare: means coverage under parts A and B of Title XVIII of the Social Security Act, Nebraska Statutes 44-4211
  • Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
  • Pool: means the Comprehensive Health Insurance Pool. See Nebraska Statutes 44-4215
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Resident: means an individual who is legally domiciled in this state. See Nebraska Statutes 44-4215.01

(a) He or she is eligible for medicare benefits by reason of age or medical assistance established pursuant to the Medical Assistance Act;

(b) He or she is a resident or inmate of a correctional facility, except that this subdivision shall not apply if such individual is eligible for pool coverage under subdivision (1)(b) of section 44-4221 ;

(c) He or she has terminated pool coverage unless twelve months have elapsed since such termination, except that this subdivision shall not apply if such individual has received and become ineligible for medical assistance pursuant to the Medical Assistance Act during the immediately preceding twelve months, if such individual is eligible for pool coverage under subdivision (1)(b) of section 44-4221, or if such individual is eligible for waiver of any waiting period or preexisting condition exclusions pursuant to section 44-4228 ;

(d) The pool has paid out one million dollars in claims for the individual;

(e) He or she is no longer a resident of Nebraska; or

(f) The premium for his or her pool coverage is paid for by a person other than the following:

(i) The individual;

(ii) An individual related to the individual by blood, marriage, or adoption; or

(iii) An entity operating under the federal Ryan White HIV/AIDS Treatment Modernization Act of 2006, Public Law 109-415, as such act existed on August 30, 2009.

(2) Pool coverage shall terminate for any individual on the date the individual becomes ineligible under subsection (1) of this section.