2003 Legislation
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HOUSE BILL NO. 365 – Insurance/previous coverage statemt


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Daily Data Tracking History

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

Bill Text

  ||||              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
  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.
  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 / Fiscal Impact

                       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
              Darrald Bean
    STATEMENT OF PURPOSE/FISCAL NOTE                  H 365