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The 191st General Court of the Commonwealth of Massachusetts

AN ACT RELATIVE TO 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 2012 Official Edition, is hereby amended by striking out, in lines 28 to 34, inclusive, the words “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 words:- that provide a benefit 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, that are sold as a supplement and not as a substitute for a health benefit plan and that meet any requirements set by the commissioner of insurance by regulation.
        SECTION 2.  Clause (3) of subsection (a) of subdivision 2 of section 108 of chapter 175 of the General Laws is hereby amended by striking out the words “which provide stand-alone dental services”, as appearing in section 38 of chapter 35 of the acts of 2013, and inserting in place thereof the following words:-  that are not health benefit plans, as defined in section 1 of chapter 176J.
        SECTION 3.  Said section 108 of said chapter 175 is hereby further amended by inserting after the word “sickness”, in line 641, as appearing in the 2012 Official Edition, the following words:-  insurance that is a health benefit plan, as defined in section 1 of chapter 176J,.
        SECTION 4.  Section 108L of said chapter 175, as so appearing, is hereby amended by inserting after the word “insurance”, in line 3, the following words:-  that is a health benefit plan, as defined in section 1 of chapter 176J,.
        SECTION 5.  Section 110 of said chapter 175, as so appearing, 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 are not health benefit plans, as defined in section 1 of chapter 176J,.
        SECTION 6.  Section 1 of chapter 176J of the General Laws is hereby amended by striking out, in lines 180 to 186, inclusive, as so appearing, the words “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 words:- that provide a benefit 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, that are sold as a supplement and not as a substitute for a health benefit plan and that meet any requirements set by the commissioner by regulation.
        SECTION 7.  Section 1 of chapter 176O of the General Laws is hereby amended by striking out, in lines 36 and 37, as so appearing, the words “provides coverage solely for dental care services or visions care services” and inserting in place thereof the following words:- is not a health benefit plan, as defined in section 1 of chapter 176J.
        SECTION 8.  Section 21 of said chapter 176O, as so appearing, is hereby amended by striking out, in lines 70 to 74, inclusive, the words “does not qualify as creditable coverage as defined in section 1 of chapter 111M; provided, further, that “carrier” shall 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 words:- is not a health benefit plan, as defined in section 1 of chapter 176J.
        SECTION 9.  Section 1 of chapter 176Q of the General Laws is hereby amended by striking out, in lines 72 to 78, inclusive, as so appearing, the words “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 words:- that 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, that are sold as a supplement and not as a substitute for a health benefit plan and that meet any requirements set by the commissioner by regulation.

Approved, December 30, 2014.