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H0365......................................................by STATE AFFAIRS
INSURANCE - Amends existing law relating to replacement group and blanket
disability insurance contracts to provide that a statement of previous
coverage shall be provided by the previous carrier at no cost.
03/12 House intro - 1st rdg - to printing
03/13 Rpt prt - to Bus
03/20 Rpt out - rec d/p - to 2nd rdg
03/21 2nd rdg - to 3rd rdg
03/26 3rd rdg - PASSED - 64-1-5
AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell,
Bieter(Bieter), Black, Block, Boe, Bolz, Bradford, Campbell, Clark,
Collins, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood,
Henbest(Bray), Jaquet, Jones, Kellogg, Lake, Langford, Langhorst,
Martinez, McGeachin, McKague, Meyer, Miller, Mitchell, Moyle,
Naccarato, Nielsen, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,
Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),
Smith(24), Smylie, Snodgrass, Tilman, Trail, Wills, Wood, Mr. Speaker
NAYS -- Kulczyk
Absent and excused -- Cannon, Crow, Cuddy, Raybould, Stevenson
Floor Sponsor - Collins
Title apvd - to Senate
03/27 Senate intro - 1st rdg - to Com/HuRes
04/04 Rpt out - rec d/p - to 2nd rdg
04/07 2nd rdg - to 3rd rdg
04/09 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes,
Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai(Kumm),
Marley, McKenzie, McWilliams, Noh, Pearce, Richardson, Schroeder,
Sorensen, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Noble
Floor Sponsor - Compton
Title apvd - to House
04/10 To enrol
04/14 Rpt enrol - Sp signed
04/15 Pres signed
04/16 To Governor
04/22 Governor signed
Session Law Chapter 307
Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 365
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO REPLACEMENT GROUP AND BLANKET DISABILITY INSURANCE CONTRACTS;
3 AMENDING SECTION 41-2215, IDAHO CODE, TO PROVIDE THAT A STATEMENT OF PRE-
4 VIOUS COVERAGE SHALL BE PROVIDED BY THE CARRIER AT NO COST AND TO MAKE
5 TECHNICAL CORRECTIONS.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 41-2215, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 41-2215. POLICY STANDARDS -- REPLACEMENT CONTRACTS. (1) Any carrier pro-
10 viding replacement coverage with respect to hospital, medical or surgical
11 expense benefits within a period of sixty (60) days from the date of discon-
12 tinuance of a prior policy providing such hospital, medical or surgical
13 expense benefits shall immediately cover all employees and dependents validly
14 covered under the previous policy at the date of discontinuance who are within
15 the definitions of eligibility and who would otherwise be eligible for cover-
16 age under the succeeding carrier's policy, regardless of any limitations or
17 exclusions relating to active employment or nonconfinement.
18 (2) With respect to an employee or dependent who was totally disabled on
19 the date of discontinuance of the prior carrier's policy and required to be
20 covered under subsection (1) of this section, the succeeding carrier shall be
21 entitled to deduct from any benefits becoming payable under its policy the
22 amount of benefits payable by the prior carrier pursuant to an extension of
23 benefits provision.
24 (3) An employee or dependent entitled to coverage under a succeeding
25 carrier's policy pursuant to subsections (1) or (2) of this section shall con-
26 tinue to be covered by the succeeding carrier until the earlier of the follow-
27 ing:
28 (a) The date coverage would terminate for an employee or dependent in
29 accordance with the provisions of the succeeding carrier's policy,; or
30 (b) In the case of an employee or dependent who was totally disabled on
31 the date of discontinuance of the prior carrier's policy and entitled to
32 an extension of benefits pursuant to subsection (2) of section 41-2213,
33 the date the period of extension of benefits terminates or, if the prior
34 carrier's policy is not subject to this act, the date to which benefits
35 would have been extended had the prior carrier's policy been subject to
36 this act.
37 (4) No provision in a succeeding carrier's policy of replacement coverage
38 which would operate to reduce or exclude benefits on the basis that the condi-
39 tion giving rise to benefits preexisted the effective date of the succeeding
40 carrier's policy shall be applied with respect to those employees and depend-
41 ents validly insured under the prior carrier's policy on the date of discon-
42 tinuance, if benefits for such condition would have been payable under the
43 prior carrier's policy.
2
1 (5) In a situation where a determination of the prior carrier's benefit
2 is required by the succeeding carrier, at the succeeding carrier's request,
3 the prior carrier shall furnish a statement of benefits available or pertinent
4 information, sufficient to permit verification of the benefit determination by
5 the succeeding carrier, at no cost.
STATEMENT OF PURPOSE
RS 13145
This proposed legislation clarifies that when an insurance
carrier furnishes a statement of benefits or other pertinent
information to a succeeding carrier, the information will be
provided at no cost.
FISCAL IMPACT
There is no fiscal impact.
Contact: Scott Leavitt
377-1428
Darrald Bean
385-9011
STATEMENT OF PURPOSE/FISCAL NOTE H 365