HOUSE DOCKET, NO. 2192        FILED ON: 1/17/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 867

The Commonwealth of Massachusetts

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PRESENTED BY:

Tackey Chan

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act hospital indemnity insurance policies.

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PETITION OF:

HOUSE DOCKET, NO. 2192        FILED ON: 1/17/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 867

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act hospital indemnity insurance policies.

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 2010 Official Edition, is hereby amended by striking out, in lines 27-34, the following: “hospital indemnity insurance policies if offered as independent, non-coordinated benefits which, for the purposes of this chapter, shall mean policies issued under chapter 175 which provide a benefit not to exceed $500 per day, as adjusted on an annual basis by the amount of increase in the average weekly wages in the commonwealth as defined in section 1 of chapter 152, to be paid to an insured or a dependent, including the spouse of an insured, on the basis of a hospitalization of the insured or a dependent” and inserting in place thereof the following: -- “hospital indemnity insurance 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”

SECTION 2.  Section 108 of chapter 175 of the General Laws, as appearing in the 2010 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 108 of chapter 175 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended in subsection 13 by adding after the word “sickness” the following words:- “that offers creditable coverage”

SECTION 4.  Section 108L of chapter 175 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by adding after the words “blanket policy of insurance” the following words:- “that offers creditable coverage”

SECTION 5.  Section 110 of chapter 175 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out, in line 397 and in lines 409 and 410, 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 6.  Section 1 of chapter 176J of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out, in lines 155-163, the following: “hospital indemnity insurance policies if offered as independent, non-coordinated benefits which, for the purposes of this chapter, shall mean policies issued under chapter 175 which provide a benefit not to exceed $500 per day, as adjusted on an annual basis by the amount of increase in the average weekly wages in the commonwealth as defined in section 1 of chapter 152, to be paid to an insured or a dependent, including the spouse of an insured, on the basis of a hospitalization of the insured or a dependent” and inserting in place thereof the following: -- “hospital indemnity insurance 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”

SECTION 7.  Section 1 of chapter 176O of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out, in lines 34-37, the following: “Unless otherwise noted, the term “carrier” shall not include any entity to the extent it offers a policy, certificate or contract that provides coverage solely for dental care services or visions care services.” and  inserting in place thereof the following:— “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 8.  Section 21(b)(1) of Ch. 176O of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out, in lines 66-68 the following “include an entity that offers a policy, certificate or contract that provides coverage solely for dental care services or visions care services.” and  inserting in place thereof the following :-- “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 9.  Section 1 of chapter 176Q of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out, in lines 42-49 the following: “hospital indemnity insurance policies if offered as independent, non-coordinated benefits which, for the purposes of this chapter, shall mean policies issued under chapter 175 which provide a benefit not to exceed $500 per day, as adjusted on an annual basis by the amount of increase in the average weekly wages in the commonwealth as defined in section 1 of chapter 152, to be paid to an insured or a dependent, including the spouse of an insured, on the basis of a hospitalization of the insured or a dependent” and inserting in place thereof the following: -- “hospital indemnity insurance 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”