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H0808...........................................................by BUSINESS INSURERS - HEALTH CARE POLICIES - Adds to and amends existing law to set forth requirements and limitations for insurers offering health care policies that do not meet the definition of managed care plans; and to revise the definition for "managed care plan." 03/04 House intro - 1st rdg - to printing 03/05 Rpt prt - to 2nd rdg 03/08 2nd rdg - to 3rd rdg 03/09 3rd rdg - PASSED - 64-0-6 AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy, Deal, Douglas, Eberle, Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett, Henbest, Jaquet, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wood, Mr. Speaker NAYS -- None Absent and excused -- Denney, Edmunson, Harwood, Jones, McKague, Wills Floor Sponsor - Gagner Title apvd - to Senate 03/10 Senate intro - 1st rdg - to Com/HuRes 03/12 Rpt out - rec d/p - to 2nd rdg 03/15 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 - Malepeai 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 283 Effective: 07/01/04 on all health policies renewing or written on or after 07-01-04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 808 BY BUSINESS COMMITTEE 1 AN ACT 2 RELATING TO INSURANCE; AMENDING CHAPTER 18, TITLE 41, IDAHO CODE, BY THE ADDI- 3 TION OF A NEW SECTION 41-1846, IDAHO CODE, TO SET FORTH REQUIREMENTS AND 4 LIMITATIONS FOR INSURERS OFFERING HEALTH CARE POLICIES THAT DO NOT MEET 5 THE DEFINITION OF MANAGED CARE PLANS; AMENDING SECTION 41-3903, IDAHO 6 CODE, TO REVISE THE DEFINITION FOR "MANAGED CARE PLAN"; PROVIDING AN 7 EFFECTIVE DATE AND PROVIDING FOR APPLICATION. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Chapter 18, Title 41, Idaho Code, be, and the same is 10 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 11 ignated as Section 41-1846, Idaho Code, and to read as follows: 12 41-1846. HEALTH CARE POLICIES -- APPLICABILITY -- REQUIREMENT. (1) An 13 insurer offering a health care policy that does not meet the definition of a 14 managed care plan as provided in section 41-3903(15), Idaho Code: 15 (a) Must have the intent to render and the capability for rendering or 16 providing coverage for good quality health care services, which will be 17 and are readily available and accessible to its insureds both within and 18 outside the state of Idaho, and such services must be reasonably respon- 19 sive to the needs of insureds; 20 (b) When "emergency services" are provided, they shall be provided as set 21 forth in section 41-3903(7), Idaho Code, and shall not require prior 22 authorization; 23 (c) Shall include on its website and/or send annually to its policyhold- 24 ers: 25 (i) A statement as to whether the plan includes a limited formulary 26 of medications and a statement that the formulary will be made avail- 27 able to any member on request; 28 (ii) Notification of any change in benefits; and 29 (iii) A description of all prior authorization review procedures for 30 health care services; 31 (d) Shall adopt procedures for a timely review by a licensed physician, 32 peer provider or peer review panel when a claim has been denied as not 33 medically necessary or as experimental. The procedure shall provide for a 34 written statement of the reasons the service was denied and transmittal of 35 that information to the appropriate provider for inclusion in the 36 insured's permanent medical record; 37 (e) When prior approval for a covered service is required of and obtained 38 by or on behalf of an insured, the approval for the specific procedure 39 shall be final and may not be rescinded after the covered service has been 40 provided except in cases of fraud, misrepresentation, nonpayment of pre- 41 mium, exhaustion of benefits or if the insured for whom the prior approval 42 was granted is not enrolled at the time the covered service was provided; 43 and 2 1 (f) Shall not offer a provider any incentive that includes a specific 2 payment made, in any type or form, to the provider as an inducement to 3 deny, reduce, limit, or delay specific, medically necessary, and appropri- 4 ate services covered by the health care policy. 5 (2) No health care provider shall require an insured to make additional 6 payments for covered services under a policy subject to subsection (1) of this 7 section, other than specified deductibles, copayments or coinsurance once a 8 provider has agreed in writing to accept the insurer's reimbursement rate to 9 provide a covered service. 10 SECTION 2. That Section 41-3903, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 41-3903. DEFINITIONS. (1) "Basic health care services" means the follow- 13 ing services: preventive care, emergency care, inpatient and outpatient hospi- 14 tal and physician care, hospital-based rehabilitation treatment, diagnostic 15 laboratory and diagnostic and therapeutic radiological services. It does not 16 include mental health services or services for alcohol or drug abuse, dental 17 or vision services or long-term rehabilitation treatment. 18 (2) "Coinsurance" means a percentage amount a member is responsible to 19 pay out-of-pocket for health care services after satisfaction of any applica- 20 ble deductibles or copayments, or both. 21 (3) "Copayment" means an amount a member must pay to a provider in pay- 22 ment for a specific health care service which is not fully prepaid. 23 (4) "Deductible" means the amount of expense a member must first incur 24 before the managed care organization begins payment for covered services. 25 (5) "Director" means the director of the department of insurance of the 26 state of Idaho. 27 (6) "Emergency facility" means any hospital or other facility where emer- 28 gency services are provided to a member including, but not limited to, a 29 physician's office. 30 (7) "Emergency services" means those health care services that are pro- 31 vided in a hospital or other emergency facility after the sudden onset of a 32 medical condition that manifests itself by symptoms of sufficient severity 33 including, but not limited to, severe pain, that the absence of immediate med- 34 ical attention could reasonably be expected by a prudent person who possesses 35 an average knowledge of health and medicine, to result in: 36 (a) Placing the patient's health in serious jeopardy; 37 (b) Serious impairment to bodily functions; or 38 (c) Serious dysfunction of any bodily organ or part. 39 (8) "Employer" means any person, firm, corporation, partnership or asso- 40 ciation. 41 (9) "Enrollee" means a person who either individually or through a group 42 has entered into a contract for services under a managed care plan. 43 (10) "General managed care plan" means a managed care plan which provides 44 directly or arranges to provide, at a minimum, basic health care services. A 45 general managed care plan shall include basic health care services. 46 (11) "Health care contract" means a contract entered into by a managed 47 care organization and an enrollee. 48 (12) "Health care services" means those services offered or provided by 49 health care facilities and health care providers relating to the prevention, 50 cure or treatment of illness, injury or disease. 51 (13) "Limited managed care plan" means a managed care plan which provides 52 dental care services, vision care services, mental health services, substance 53 abuse services, pharmaceutical services, podiatric care services or such other 3 1 services as the director may establish by rule to be limited health care ser- 2 vices. Limited health care services shall not include hospital, medical, sur- 3 gical or emergency services except as those services are provided incident to 4 limited health care services. 5 (14) "Managed care organization" means a public or private person or orga- 6 nization which offers a managed care plan. Unless otherwise specifically 7 stated, the provisions of this chapter shall apply to any person or organiza- 8 tion offering a managed care plan, whether or not a certificate of authority 9 to offer the plan is required under this chapter. 10 (15) "Managed care plan" means a contract of coverage given to an individ- 11 ual, family or group of covered individuals pursuant to which a member is 12 entitled to receive a defined set of health care benefits through an organized 13 system of health care providers in exchange for defined consideration and 14 which requires the member to use, or creates financial incentives for the mem- 15 ber to use, health care providers owned, managed, employed by or under con- 16 tract with the managed care organization. A person holding a license to trans- 17 act disability insurance offering a health plan that creates financial incen- 18 tives to use contracting providers may elect to file the plan as a nonmanaged 19 care plan not subject to the provisions of this chapter if the health plan 20 reimburses providers solely on a fee for service basis and does not require 21 the selection of a primary care provider. The election to file a health plan 22 as a nonmanaged care plan shall be made in writing at the time the plan is 23 filed with the director pursuant to chapter 18, title 41, Idaho Code. 24 (16) "Member" means a policyholder, enrollee or other individual partici- 25 pating in a managed care plan. 26 (17) "Person" means any natural or artificial person including, but not 27 limited to, individuals, partnerships, associations, corporations or other 28 legally recognized entities. 29 (18) "Provider" means any physician, hospital, or other person licensed or 30 otherwise authorized to furnish health care services. 31 (19) "Utilization management program" means a system of reviewing the med- 32 ical necessity, appropriateness, or quality of health care services and sup- 33 plies provided under a managed care plan using specified guidelines. Such a 34 system may include, but is not limited to, preadmission certification, the 35 application of practice guidelines, continued stay review, discharge planning, 36 preauthorization of ambulatory procedures and retrospective review. 37 SECTION 3. This act shall be in full force and effect on and after July 38 1, 2004, and shall apply to health care policies renewing or written after 39 July 1, 2004.
STATEMENT OF PURPOSE RS 14240 The purpose of this legislation is to clarify whether health care plans are managed care plans for purposes of Title 41, Chapter 39, Idaho Code, and to set forth requirements for insurers offering health care plans that do not meet the definition of managed care plans. FISCAL NOTE This legislation will have no impact to the General Fund. Contact: Woody Richards Blue Cross of Idaho 385-5451 STATEMENT OF PURPOSE/FISCAL NOTE H 808