Originally Posted by petch751
1. Here's part of Section 2742 of Public Law 104-191
SEC. 2742. GUARANTEED <<NOTE: 42 USC 300gg-42.>> RENEWABILITY OF INDIVIDUAL HEALTH INSURANCE COVERAGE.
(a) In General.--Except as provided in this section, a health insurance issuer that provides individual health insurance coverage to an individual shall renew or continue in force such coverage at the option of the individual.
(b) General Exceptions.--A health insurance issuer may nonrenew or discontinue health insurance coverage of an individual in the individual market based only on one or more of the following:
(1) Nonpayment of premiums.--The individual has failed to pay premiums or contributions in accordance with the terms of the health insurance coverage or the issuer has not received timely premium payments.(c) Requirements for Uniform Termination of Coverage.-- (1) Particular type of coverage not offered.--In any case in which an issuer decides to discontinue offering a particular type of health insurance coverage offered in the individual market, coverage of such type may be discontinued by the issuer only if--
(2) Fraud.--The individual has performed an act or practice that constitutes fraud or made an intentional misrepresentation of material fact under the terms of the coverage.
(3) Termination of plan.--The issuer is ceasing to offer coverage in the individual market in accordance with subsection (c) and applicable State law.
(4) Movement outside service area.--In the case of a health insurance issuer that offers health insurance coverage in the market through a network plan, the individual no longer resides, lives, or works in the service area (or in an area for which the issuer is authorized to do business) but only if such coverage is terminated under this paragraph uniformly without regard to any health status-related factor of covered individuals.
(5) Association membership ceases.--In the case of health insurance coverage that is made available in the individual market only through one or more bona fide associations, the membership of the individual in the association (on the basis of which the coverage is provided) ceases but only if such coverage is terminated under this paragraph uniformly without regard to any health status-related factor of covered individuals.
(A) the issuer provides notice to each covered individual provided coverage of this type in such market of such discontinuation at least 90 days prior to the date of the discontinuation of such coverage;
(B) the issuer offers to each individual in the individual market provided coverage of this type, the option to purchase any other individual health insurance coverage currently being offered by the issuer for individuals in such market; and
(C) in exercising the option to discontinue coverage of this type and in offering the option of coverage under subparagraph (B), the issuer acts uniformly without regard to any health status-related factor of enrolled individuals or individuals who may become eligible for such coverage.
According to the last paragraph, it doesn't matter if a person has a pre-existing condition or not, as long as the insurance company "acts uniformly without regard to any health status-related factor."
As an example, here's a link
to a letter sent to Congressman Cory Gardner (R-CO) from his health insurance company informing him of the cancellation of his insurance policy. The letter complies with subsection (c) above.