Bill H.306

HOUSE DOCKET, NO. 754 FILED ON: 1/19/2011

HOUSE . . . . . . . . . . . . . . . No. 306

By Mr. Mariano of Quincy, a petition (accompanied by bill, House, No. 306) of Ronald Mariano relative to promoting supplemental insurance coverage. Financial Services.

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 973 OF 2009-2010.]

The Commonwealth of Massachusetts

_______________

In the Year Two Thousand Eleven

_______________

An Act relative to promoting supplemental insurance coverage.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 1 of chapter 111M of the General Laws, as appearing in the 2006 Official Edition, amended by section 12 of chapter 205 of the acts of 2007, is hereby amended by striking out the definition of “Creditable coverage”, and inserting in place thereof the following definition:—

“Creditable coverage”, coverage of an individual under any of the following health plans or as a named beneficiary receiving coverage on another's plan with no lapse of coverage for more than 63 days: (a) an individual or group health plan which meets the definition of “minimum creditable coverage” as established by the board of the connector; (b) a health plan including, but not limited to, a health plan issued, renewed or delivered within or without the commonwealth to an individual who is enrolled in a qualifying student health insurance program under section 18 of chapter 15A or a qualifying student health program of another state; (c) Part A or Part B of Title XVIII of the Social Security Act; (d) Title XXI or XIX of the Social Security Act, other than coverage consisting solely of benefits under section 1928 or section 1903 (v) of said Title XIX; (e) 10 U.S.C. 55; (f) a medical care program of the Indian Health Service or of a tribal organization; (g) a state health benefits risk pool; (h) a health plan offered under 5 U.S.C. 89; (i) a public health plan as defined in federal regulations authorized by the Public Health Service Act, section 2701(c)(1)(I), as amended by Public Law 104–191; (j) a health benefit plan under the Peace Corps Act, 22 U.S.C. 2504(e); (k) coverage for young adults under section 10 of chapter 176J; and (l) any other qualifying coverage required by the Health Insurance Portability and Accountability Act of 1996, as amended, or by regulations promulgated under that act; provided, however, that the following shall not qualify as creditable coverage: a plan issued as a supplemental health insurance policy including, but not limited to, accident only, credit only, or limited scope vision or dental benefits if offered separately; hospital indemnity policies which provide a benefit to be paid to an insured or a dependent, including the spouse of an insured, on the basis of hospitalization of the insured or a dependent and which are sold as a supplement and not as a substitute for a health benefit plan and which meet any requirement that the commissioner by regulation may set; disability income insurance; coverage issued as a supplement to liability insurance; specified disease insurance that is purchased as a supplement and not as a substitute for a health plan and that meets any requirements the commissioner may set by regulation; insurance arising out of a workers' compensation law or similar law; automobile medical payment insurance; insurance under which benefits are payable with or without regard to fault and which is statutorily required to be contained in a liability insurance policy or equivalent self insurance; long–term care if offered separately; coverage supplemental to the coverage provided under 10 U.S.C. 55 if offered as a separate insurance policy; or any policy subject to chapter 176K or any similar policies issued on a group basis, including Medicare Prescription drug plans.

SECTION 2. Section 108 of chapter 175 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out in line 27 the words “which provide stand-alone dental services” and inserting in place thereof the following words:- that do not qualify as creditable coverage as defined in section 1 of chapter 111M.

SECTION 3. Section 110 of said chapter 175 is hereby amended by striking out, in line 362 and in lines 374 and 375, as so appearing, the words “which provide stand-alone dental services” and inserting in place thereof, in each instance, the following words:- that do not qualify as creditable coverage as defined in section 1 of chapter 111M.

SECTION 4. The definition of “Health benefit plan” in section 1 of chapter 176J of the General Laws, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:— Health benefit plans shall not include: accident only, credit only, limited scope vision or dental benefits if offered separately; hospital indemnity policies which provide a benefit to be paid to an insured or a dependent, including the spouse of an insured, on the basis of hospitalization of the insured or a dependent and which are sold as a supplement and not as a substitute for a health benefit plan and which meets any requirement that the commissioner by regulation may set; disability income insurance; coverage issued as a supplement to liability insurance; specified disease insurance that is purchased as a supplement and not as a substitute for a health plan and that meets any requirements the commissioner may set by regulation; insurance arising out of a workers' compensation law or similar law; automobile medical payment insurance; insurance under which benefits are payable with or without regard to fault and which is statutorily required to be contained in a liability insurance policy or equivalent self insurance; long–term care if offered separately; coverage supplemental to the coverage provided under 10 U.S.C. 55 if offered as a separate insurance policy; or any policy subject to chapter 176K or any similar policies issued on a group basis, Medicare Advantage plans or Medicare Prescription drug plans.

SECTION 5. The definition of “Carrier” as appearing in section 1 of chapter 176O of the General Laws, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:— Unless otherwise noted, the term “carrier” shall not include any entity to the extent it offers a policy, certificate or contract that does not qualify as creditable coverage as defined in section 1 of chapter 111M.

SECTION 6. The definition of “Health benefit plan”, as appearing in section 1 of chapter 176Q of the General Laws, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:— The words “health benefit plan” shall not include accident only, credit-only, limited scope vision or dental benefits if offered separately; hospital indemnity policies which provide a benefit to be paid to an insured or a dependent, including the spouse of an insured, on the basis of hospitalization of the insured or a dependent which are sold as a supplement and not as a substitute for a health benefit plan and which meet any requirement that the commissioner by regulation may set; disability income insurance: coverage issued as a supplement to liability insurance: specified disease insurance that is purchased as a supplement and not as a substitute for a health plan and that meets any requirements the commissioner may set by regulation; insurance arising out of a workers' compensation law or similar law; automobile medical payment insurance; insurance under which benefits are payable with or without regard to fault and which is statutorily required to be contained in a liability insurance policy or equivalent self insurance; long-term care if offered separately; coverage supplemental to the coverage provided under 10 U.S.C. section 55 if offered as a separate insurance policy; or any policy subject to chapter 176K or any similar policies issued on a group basis, Medicare Advantage plans or Medicare Prescription drug plans.

Name:	District/Address:	Date Added:
Ronald Mariano	3rd Norfolk	1/19/2011