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H0812......................................................by STATE AFFAIRS HEALTH INSURANCE - REINSURANCE POOL - Amends existing law relating to Idaho's reinsurance pool law to provide that health benefit plans covering eligible individuals shall comply with certain provisions; to revise language regarding waiving any time period applicable to a preexisting condition; and to incorporate a portion of the Federal Health Insurance Portability and Accountability Act of 1996. 03/04 House intro - 1st rdg - to printing 03/05 Rpt prt - to Bus 03/10 Rpt out - rec d/p - to 2nd rdg 03/11 2nd rdg - to 3rd rdg 03/12 3rd rdg - PASSED - 64-0-6 AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Black, Block, Boe, Bolz, Campbell, Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Trail, Wills, Wood, Mr. Speaker NAYS -- None Absent and excused -- Bell, Bradford, Henbest, McGeachin, Shirley, Stevenson Floor Sponsor - Deal Title apvd - to Senate 03/15 Senate intro - 1st rdg - to Com/HuRes 03/17 Rpt out - rec d/p - to 2nd rdg 03/18 2nd rdg - to 3rd rdg 03/19 3rd rdg - PASSED - 35-0-0 AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett(Maxand), Burtenshaw, Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- None Floor Sponsor - Cameron Title apvd - to House 03/20 To enrol - Rpt enrol - Sp signed - Pres signed 03/22 To Governor 03/23 Governor signed Session Law Chapter 285 Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 812 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO HEALTH INSURANCE; AMENDING SECTION 41-5203, IDAHO CODE, TO FURTHER 3 DEFINE TERMS AND TO PROVIDE A CORRECT CODE REFERENCE; AMENDING SECTION 4 41-5208, IDAHO CODE, TO PROVIDE THAT HEALTH BENEFIT PLANS COVERING ELIGI- 5 BLE INDIVIDUALS SHALL COMPLY WITH CERTAIN PROVISIONS, TO REVISE LANGUAGE 6 REGARDING WAIVING ANY TIME PERIOD APPLICABLE TO A PREEXISTING CONDITION 7 EXCLUSION OR LIMITATION PERIOD AND TO INCORPORATE A PORTION OF THE FEDERAL 8 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996; AMENDING SEC- 9 TION 41-5501, IDAHO CODE, TO FURTHER DEFINE TERMS AND TO PROVIDE A CORRECT 10 CODE REFERENCE; AND AMENDING SECTION 41-5510, IDAHO CODE, TO REVISE ELIGI- 11 BILITY CRITERIA FOR COVERAGE UNDER A POOL PLAN. 12 Be It Enacted by the Legislature of the State of Idaho: 13 SECTION 1. That Section 41-5203, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 41-5203. DEFINITIONS. As used in this chapter: 16 (1) "Actuarial certification" means a written statement by a member of 17 the American academy of actuaries or other individual acceptable to the direc- 18 tor that an individual carrier is in compliance with the provisions of section 19 41-5206, Idaho Code, based upon the person's examination and including a 20 review of the appropriate records and the actuarial assumptions and methods 21 used by the individual carrier in establishing premium rates for applicable 22 health benefit plans. 23 (2) "Affiliate" or "affiliated" means any entity or person who directly 24 or indirectly through one (1) or more intermediaries, controls or is con- 25 trolled by, or is under common control with, a specified entity or person. 26 (3) "Agent" means a producer as defined in section 41-1003(98), Idaho 27 Code. 28 (4) "Base premium rate" means, as to a rating period, the lowest premium 29 rate charged or that could have been charged under a rating system by the 30 individual carrier to individuals with similar case characteristics for health 31 benefit plans with the same or similar coverage. 32 (5) "Carrier" means any entity that provides health insurance in this 33 state. For purposes of this chapter, carrier includes an insurance company, a 34 hospital or professional service corporation, a fraternal benefit society, a 35 health maintenance organization, any entity providing health insurance cover- 36 age or benefits to residents of this state as certificate holders under a 37 group policy issued or delivered outside of this state, and any other entity 38 providing a plan of health insurance or health benefits subject to state 39 insurance regulation. 40 (6) "Case characteristics" means demographic or other objective charac- 41 teristics of an individual that are considered by the individual carrier in 42 the determination of premium rates for the individual, provided that claim 43 experience, health status and duration of coverage shall not be case charac- 2 1 teristics for the purposes of this chapter. 2 (7) "Control" shall be defined in the same manner as in section 3 41-3801(2), Idaho Code. 4 (8) "Dependent" means a spouse, an unmarried child under the age of nine- 5 teen (19) years, an unmarried child who is a full-time student under the age 6 of twenty-three (23) years and who is financially dependent upon the parent, 7 and an unmarried child of any age who is medically certified as disabled and 8 dependent upon the parent. 9 (9) "Director" means the director of the department of insurance of the 10 state of Idaho. 11 (10) "Eligible individual" means an Idaho resident individual or dependent 12 of an Idaho resident: 13 (a) Wwho is under the age of sixty-five (65) years, is not eligible for 14 coverage under a group health plan, part A or part B of title XVIII of the 15 social security act (medicare), or a state plan under title XIX (medicaid) 16 or any successor program, and who does not have other health insurance 17 coverage; or 18 (b) Who is a federally eligible individual (one who meets the eligibility 19 criteria set forth in the federal health insurance portability and 20 accountability act of 1996 Public Law 104-191, Sec. 2741(b)(HIPAA)). 21 An "eligible individual" can be the dependent of an eligible employee, which 22 eligible employee is receiving health insurance benefits subject to the regu- 23 lation of title 41, Idaho Code. 24 (11) "Established geographic service area" means a geographic area, as 25 approved by the director and based on the carrier's certificate of authority 26 to transact insurance in this state, within which the carrier is authorized to 27 provide coverage. 28 (12) "Health benefit plan" means any hospital or medical policy or certif- 29 icate, any subscriber contract provided by a hospital or professional service 30 corporation, or health maintenance organization subscriber contract. Health 31 benefit plan does not include policies or certificates of insurance for spe- 32 cific disease, hospital confinement indemnity, accident-only, credit, dental, 33 vision, medicare supplement, long-term care, or disability income insurance, 34 student health benefits only, coverage issued as a supplement to liability 35 insurance, worker's compensation or similar insurance, automobile medical pay- 36 ment insurance, or nonrenewable short-term coverage issued for a period of 37 twelve (12) months or less. 38 (13) "Index rate" means, as to a rating period for individuals with simi- 39 lar case characteristics, the arithmetic average of the applicable base pre- 40 mium rate and the corresponding highest premium rate. 41 (14) "Individual basic health benefit plan" means a lower cost health ben- 42 efit plan developed pursuant to chapter 55, title 41, Idaho Code. 43 (15) "Individual catastrophic A health benefit plan" means a higher limit 44 health benefit plan developed pursuant to chapter 55, title 41, Idaho Code. 45 (16) "Individual catastrophic B health benefit plan" means a health bene- 46 fit plan with limits higher than an individual catastrophic A health benefit 47 plan developed pursuant to chapter 55, title 41, Idaho Code. 48 (17) "Individual standard health benefit plan" means a health benefit plan 49 developed pursuant to chapter 55, title 41, Idaho Code. 50 (18) "New business premium rate" means, as to a rating period, the lowest 51 premium rate charged or offered or which could have been charged or offered by 52 the individual carrier to individuals with similar case characteristics for 53 newly issued health benefit plans with the same or similar coverage. 54 (19) "Premium" means all moneys paid by an individual and eligible depend- 55 ents as a condition of receiving coverage from a carrier, including any fees 3 1 or other contributions associated with the health benefit plan. 2 (20) "Qualifying previous coverage" and "qualifying existing coverage" 3 mean benefits or coverage provided under: 4 (a) Medicare or medicaid, civilian health and medical program for 5 uniformed services (CHAMPUS), the Indian health service program, a state 6 health benefit risk pool, or any other similar publicly sponsored program; 7 or 8 (b) Any group or individual health insurance policy or health benefit 9 arrangement whether or not subject to the state insurance laws, including 10 coverage provided by a managed care organization, hospital or professional 11 service corporation, or a fraternal benefit society, that provides bene- 12 fits similar to or exceeding benefits provided under the basic health ben- 13 efit plan. 14 (21) "Rating period" means the calendar period for which premium rates 15 established by a carrier are assumed to be in effect. 16 (22) "Reinsuring carrier" means a carrier participating in the Idaho indi- 17 vidual high risk reinsurance pool established in chapter 55, title 41, Idaho 18 Code. 19 (23) "Restricted network provision" means any provision of a health bene- 20 fit plan that conditions the payment of benefits, in whole or in part, on the 21 use of health care providers that have entered into a contractual arrangement 22 with the carrier to provide health care services to covered individuals. 23 (24) "Risk-assuming carrier" means a carrier whose application is approved 24 by the director pursuant to section 41-5210, Idaho Code. 25 (25) "Individual carrier" means a carrier that offers health benefit plans 26 covering eligible individuals and their dependents. 27 SECTION 2. That Section 41-5208, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 41-5208. AVAILABILITY OF COVERAGE -- PREEXISTING CONDITIONS -- PORTABIL- 30 ITY. 31 (1) (a) Every individual carrier shall, as a condition of offering health 32 benefit plans in this state to individuals, actively offer health benefit 33 plans to individuals, including the individual basic health benefit plan, 34 the individual standard health benefit plan, the individual catastrophic A 35 health benefit plan and the individual catastrophic B health benefit plan. 36 (b) An individual carrier shall issue an individual basic, standard, cat- 37 astrophic A or catastrophic B health benefit plan to any eligible individ- 38 ual that applies for such plan and agrees to make the required premium 39 payments and to satisfy the other reasonable provisions of the health ben- 40 efit plan not inconsistent with the provisions of this chapter. 41 (2) (a) An individual carrier shall file with the director, in a format 42 and manner prescribed by the director, the basic, standard and cata- 43 strophic health benefit plans to be used by the carrier. A health benefit 44 plan filed pursuant to the provisions of this paragraph may be used by an 45 individual carrier beginning thirty (30) days after it is filed unless the 46 director disapproves its use. 47 (b) The director at any time may, after providing notice and an opportu- 48 nity for a hearing to the individual carrier, disapprove the continued use 49 by an individual carrier of a basic, standard, or catastrophic health ben- 50 efit plan on the grounds that the plan does not meet the requirements of 51 this chapter. 52 (3) Health benefit plans covering eligible individuals shall comply with 53 the following provisions: 4 1 (a) A health benefit plan shall not deny, exclude or limit benefits for a 2 covered individual for covered expenses incurred more than twelve (12) 3 months following the effective date of the individual's coverage due to a 4 preexisting condition. A health benefit plan shall not define a preexist- 5 ing condition more restrictively than: 6 (i) A condition that would have caused an ordinarily prudent person 7 to seek medical advice, diagnosis, care or treatment during the six 8 (6) months immediately preceding the effective date of coverage; 9 (ii) A condition for which medical advice, diagnosis, care or treat- 10 ment was recommended or received during the six (6) months immedi- 11 ately preceding the effective date of coverage; or 12 (iii) A pregnancy existing on the effective date of coverage. 13 (b) A health benefit plan shall waive any time period applicable to a 14 preexisting condition exclusion or limitation periodwith respect to par-15ticular servicesfor the period of time an individual was previously cov- 16 ered by qualifying previous coverage,to the extent such previous coverage17provided benefits with respect to such services,provided that the quali- 18 fying previous coverage was continuous to a date not more than sixty-three 19 (63) days prior to the effective date of the new coverage. As provided in 20 section 2741(b) of the federal health insurance portability and account- 21 ability act of 1996 (42 U.S.C. 300gg-41(b)), with regard to federally eli- 22 gible individuals under HIPAA, any limitation or exclusion of benefits 23 relating to a condition based on the fact that the condition was present 24 before the first day of coverage shall not apply, whether or not any medi- 25 cal advice, diagnosis, care or treatment was recommended or received 26 before that day, and whether or not the condition would have caused an 27 ordinarily prudent person to seek medical advice, diagnosis, care or 28 treatment before that day. 29 (c) An individual carrier shall not modify a basic, standard, or cata- 30 strophic health benefit plan with respect to an individual or any depend- 31 ent through riders, endorsements, or otherwise, to restrict or exclude 32 coverage for certain diseases or medical conditions otherwise covered by 33 the health benefit plan. 34 (4) (a) An individual carrier shall not be required to offer coverage or 35 accept applications pursuant to the provisions of subsection (1) of this 36 section in the case of the following: 37 (i) To an individual, where the individual is not residing in the 38 carrier's established geographic service area; 39 (ii) Within an area where the individual carrier reasonably antici- 40 pates, and demonstrates to the satisfaction of the director, that it 41 will not have the capacity within its established geographic service 42 area to deliver service adequately to individuals because of its 43 obligations to existing groups or individuals. 44 (b) An individual carrier that cannot offer coverage pursuant to the pro- 45 visions of subsection (4)(a)(ii) of this section may not offer coverage in 46 the applicable area to new employer groups with more than fifty (50) eli- 47 gible employees or to any small employer groups or to any individuals 48 until the later of one hundred eighty (180) days following each such 49 refusal or the date on which the carrier notifies the director that it has 50 regained capacity to deliver services to individuals and groups. 51 (5) An individual carrier shall not be required to provide coverage to 52 individuals pursuant to the provisions of subsection (1) of this section for 53 any period of time for which the director determines that requiring the accep- 54 tance of individuals in accordance with the provisions of subsection (1) of 55 this section would place the individual carrier in a financially impaired con- 5 1 dition. 2 SECTION 3. That Section 41-5501, Idaho Code, be, and the same is hereby 3 amended to read as follows: 4 41-5501. DEFINITIONS. As used in this chapter: 5 (1) "Agent" means a producer as defined in section 41-1003(98), Idaho 6 Code. 7 (2) "Board" means the board of directors of the Idaho high risk individ- 8 ual reinsurance pool established in this chapter and the Idaho small employer 9 reinsurance program established in section 41-4711, Idaho Code. 10 (3) "Carrier" means any entity that provides, or is authorized to pro- 11 vide, health insurance in this state. For purposes of this chapter, carrier 12 includes an insurance company, any other entity providing reinsurance includ- 13 ing excess or stop loss coverage, a hospital or professional service corpora- 14 tion, a fraternal benefit society, a managed care organization, any entity 15 providing health insurance coverage or benefits to residents of this state as 16 certificate holders under a group policy issued or delivered outside of this 17 state, and any other entity providing a plan of health insurance or health 18 benefits subject to state insurance regulation. 19 (4) "Dependent" means a spouse, an unmarried child under the age of nine- 20 teen (19) years, an unmarried child who is a full-time student under the age 21 of twenty-three (23) years and who is financially dependent upon the parent, 22 and an unmarried child of any age who is medically certified as disabled and 23 dependent upon the parent. 24 (5) "Director" means the director of the department of insurance of the 25 state of Idaho. 26 (6) "Eligible individual" means: 27 (a) Aan Idaho resident individual or dependent of an Idaho resident who 28 is under the age of sixty-five (65) years, is not eligible for coverage 29 under a group health plan, part A or part B of title XVIII of the social 30 security act (medicare), or a state plan under title XIX (medicaid) or any 31 successor program, and who does not have other health insurance coverage; 32 or 33 (b) An Idaho resident individual or a dependent of an Idaho resident who 34 is a federally eligible individual (one who meets the eligibility criteria 35 set forth in the federal health insurance portability and accountability 36 act of 1996 Public Law 104-191, Sec. 2741(b) (HIPAA)). 37 Coverage under a basic, standard, catastrophic A or catastrophic B health ben- 38 efit plan shall not be available to any individual who is covered under other 39 health insurance coverage. For purposes of this chapter, to be eligible, an 40 individual must also meet the requirements of section 41-5510, Idaho Code. 41 (7) "Health benefit plan" means any hospital or medical policy or certif- 42 icate, any subscriber contract provided by a hospital or professional service 43 corporation, or health maintenance organization subscriber contract. Health 44 benefit plan does not include policies or certificates of insurance for spe- 45 cific disease, hospital confinement indemnity, accident-only, credit, dental, 46 vision, medicare supplement, long-term care, or disability income insurance, 47 student health benefits only, coverage issued as a supplement to liability 48 insurance, worker's compensation or similar insurance, automobile medical pay- 49 ment insurance, or nonrenewable short-term coverage issued for a period of 50 twelve (12) months or less. 51 (8) "Individual basic health benefit plan" means a lower cost health ben- 52 efit plan developed pursuant to section 41-5511, Idaho Code. 53 (9) "Individual carrier" means a carrier that offers health benefit plans 6 1 covering eligible individuals and their dependents. 2 (10) "Individual catastrophic A health benefit plan" means a higher limit 3 health benefit plan developed pursuant to section 41-5511, Idaho Code. 4 (11) "Individual catastrophic B health benefit plan" means a health bene- 5 fit plan offering limits higher than a catastrophic A health benefit plan 6 developed pursuant to section 41-5511, Idaho Code. 7 (12) "Individual standard health benefit plan" means a health benefit plan 8 developed pursuant to section 41-5511, Idaho Code. 9 (13) "Plan" or "pool plan" means the individual basic, standard, cata- 10 strophic A or catastrophic B plan established pursuant to section 41-5511, 11 Idaho Code. 12 (14) "Plan of operation" means the plan of operation of the individual 13 high risk reinsurance pool established pursuant to this chapter. 14 (15) "Pool" means the Idaho high risk reinsurance pool. 15 (16) "Premium" means all moneys paid by an individual and eligible depend- 16 ents as a condition of receiving coverage from a carrier, including any fees 17 or other contributions associated with the health benefit plan. 18 (17) "Qualifying previous coverage" and "qualifying existing coverage" 19 mean benefits or coverage provided under: 20 (a) Medicare or medicaid, civilian health and medical program for 21 uniformed services (CHAMPUS), the Indian health service program, a state 22 health benefit risk pool, or any other similar publicly sponsored program; 23 or 24 (b) Any group or individual health insurance policy or health benefit 25 arrangement whether or not subject to the state insurance laws, including 26 coverage provided by a managed care organization, hospital or professional27service corporation,or a fraternal benefit society, that provides bene-28fits similar to or exceeding benefits provided under the basic health ben-29efit plan. 30 (18) "Reinsurance premium" means the premium set by the board pursuant to 31 section 41-5506, Idaho Code, to be paid by a reinsuring carrier for plans 32 issued under the pool. 33 (19) "Reinsuring carrier" means a carrier participating in the individual 34 high risk reinsurance pool established by this chapter. 35 (20) "Restricted network provision" means any provision of a health bene- 36 fit plan that conditions the payment of benefits, in whole or in part, on the 37 use of health care providers that have entered into a contractual arrangement 38 with the carrier to provide health care services to covered individuals. 39 SECTION 4. That Section 41-5510, Idaho Code, be, and the same is hereby 40 amended to read as follows: 41 41-5510. ELIGIBILITY. (1) Any individual eligible person, who is and con- 42 tinues to be a resident shall be eligible for coverage under an individual 43 basic, standard, catastrophic A or catastrophic B health benefit plan if evi- 44 dence is provided that: 45 (a) Such person has been rejected by one (1) individual carrier on the 46 basis of health status or claims experience; or 47 (b) An individual carrier refuses to issue a health benefit plan provid- 48 ing coverage substantially similar to coverage offered under an equivalent 49 pool plan except at a rate exceeding the rate for the pool plan. 50 (2) A rejection or refusal by a carrier offering only stop loss, excess 51 of loss or reinsurance coverage with respect to an applicant under subsection 52 (1) of this section shall not constitute sufficient evidence for purposes of 53 subsection (1) of this section. 7 1 (3) Each resident dependent of a person who is eligible for coverage 2 under the pool shall also be eligible for coverage under the pool. 3 (4) A person shall not be eligible for coverage under a pool plan if: 4 (a) The person has or obtains health insurance coverage substantially 5 similar to or more comprehensive than a pool plan, or would be eligible to 6 have coverage if the person elected to obtain it; 7 (b) The person is determined to be eligible for health care benefits 8 under medicaid; 9 (c) The person has previously terminated pool plan coverage unless twelve 10 (12) months have lapsed since such termination; provided however, that 11 this provision shall not apply with respect to an applicant who is a fed- 12 erallydefinedeligible individual; 13 (d) The person is an inmate or resident of a state or other public insti- 14 tution, or a state, local or private correctional facility; provided how- 15 ever, that this provision shall not apply with respect to an applicant who 16 is a federallydefinedeligible individual. 17 (5) Coverage shall cease: 18 (a) On the first day of the month following the date a person is no 19 longer a resident of this state; 20 (b) On the first day of the month following the date a person requests 21 coverage to end; 22 (c) Upon the death of the covered person; 23 (d) At the option of the board, thirty (30) days after the plan makes any 24 inquiry concerning the person's eligibility or place of residence to which 25 the person does not reply. 26 (6) A person who ceases to meet the eligibility requirements of this sec- 27 tion may be terminated on the first day of the month following the date when 28 the individual becomes ineligible.
STATEMENT OF PURPOSE RS 14244 This bill amends provisions of Idaho law relating to individual health insurance plans to incorporate requirements of the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). The changes are required to assure proper identification and treatment of federally eligible individuals. FISCAL IMPACT No fiscal impact Contact Name: Mary Hartung, Dept. of Insurance Phone: 208/334-4250 STATEMENT OF PURPOSE/FISCAL NOTE H 812