Current through 2024-38, September 18, 2024
The following minimum standards for benefits are prescribed
for the categories of coverage noted in the following subsections. An
individual health insurance policy or group health insurance policy or
certificate shall not be delivered or issued for delivery in this state unless
it meets the required minimum standards for the specified categories or the
Superintendent finds that the policies or certificates are approvable as
supplemental health insurance and the outline of coverage complies with the
outline of coverage in Section
7(M) of this
rule.
The heading of the cover letter of any form filing subject to
this rule shall state the category of coverage set forth in
24-A M.R.S.A.
§2694 that the form is intended to be
in.
This section shall not preclude the issuance of any policy or
contract combining two or more categories set forth in
24-A M.R.S.A.
§2694.
The requirements set forth in this section are in addition to
any other applicable requirements as specified in Section
3(D).
A. General Rules
(1) A "noncancellable," "guaranteed
renewable," or "noncancellable and guaranteed renewable" individual health
insurance policy shall not provide for termination of coverage of the spouse
solely because of the occurrence of an event specified for termination of
coverage of the insured, other than nonpayment of premium. In addition, the
policy shall provide that in the event of the insured's death, the spouse of
the insured, if covered under the policy, shall become the insured.
(2)
(a) The
terms "noncancellable," "guaranteed renewable," or "noncancellable and
guaranteed renewable" shall not be used without further explanatory language in
accordance with the disclosure requirements of Section 7A(4).
(b) The terms "noncancellable" or
"noncancellable and guaranteed renewable" may be used only in an individual
health insurance policy that the insured has the right to continue in force by
the timely payment of premiums set forth in the policy at least until the age
of 65 or until eligibility for Medicare, during which period the insurer has no
right to make unilaterally any change in any provision of the policy while the
policy is in force.
(c) An
individual health insurance policy that provides for periodic payments, weekly
or monthly, for a specified period during the continuance of disability
resulting from accident or sickness must provide that the insured has the right
to continue the policy in force at least to age 60. The policy must further
provide that if the insured is actively and regularly employed at age 60, the
insured has the right to continue the policy in force at least until the
earlier of the date the insured ceases to be actively and regularly employed or
the insured's normal retirement age under social security. If the insured is
ineligible for social security benefits, age 65 may be substituted for the
insured's normal retirement age under social security.
(d) A policy that is subject to the renewal
requirements of
24-A M.R.S.A.
§2850-B and that permits the insurer to
nonrenew for any reason other than nonpayment of premiums must be labeled
"guaranteed renewable with limited exceptions."
(e) Except as provided in subparagraph (c)
and (d) above, the term "guaranteed renewable" may be used only in a policy
that the insured has the right to continue in force by the timely payment of
premiums at least until the age of 65 or until eligibility for Medicare, during
which period the insurer has no right to make unilaterally any change in any
provision of the policy while the policy is in force, except that the insurer
may make changes in premium rates on a class basis.
(3) In an individual health insurance policy
covering both husband and wife, the age of the younger spouse shall be used as
the basis for meeting the age and durational requirements of the definitions of
"noncancellable" or "guaranteed renewable." However, this requirement shall not
prevent termination of coverage of the older spouse upon attainment of the
stated age so long as the policy may be continued in force as to the younger
spouse to the age or for the policy duration period specified in the
policy.
(4) When accidental death
and dismemberment coverage is part of the individual health insurance coverage
offered under the contract, the insured shall have the option to include all
insureds under the coverage and not just the principal insured.
(5) If a policy contains a status-type
military service exclusion or a provision that suspends coverage during
military service, the policy shall provide, upon written requestof the payer,
for refund of unearned premiums as applicable to the person on a pro rata
basisbeginning with the first day of military service. The policy must also
provide for coverage to resume without penalty to the owner upon receipt of a
written request within 30 days of the end of military service.
(6) In individual health insurance policies,
coverage shall continue for a dependent child who is incapable of
self-sustaining employment due to mental retardation or physical handicap on
the date that the child's coverage would otherwise terminate under the policy
due to the attainment of a specified age for children and who is chiefly
dependent on the insured for support and maintenance.
(7) A policy may contain a provision relating
to recurrent disabilities, but a provision relating to recurrent disabilities
shall not specify that a recurrent disability be separated by a period greater
than six months.
(8) Accidental
death and dismemberment benefits shall be payable if the loss occurs within 90
days from the date of the accident, irrespective of total disability.
Disability coverage for loss due to an accident that occurs while the policy is
in force may impose a time limit not to exceed 30 days on the time between the
accidental event and commencement of the loss, but the limit must be waived if
there is a clear cause and effect relationship between the accident and the
subsequent loss.
(9) Specific
dismemberment benefits shall not be in lieu of other benefits unless the
specific benefit equals or exceeds the other benefits.
(10) If a continuous loss commences while a
policy or certificate providing disability income benefits is in force,
termination of the policy will not relieve the insurer of liability for that
loss. The continuous total disability of the insured may be a condition for the
extension of benefits beyond the period the policy was in force, limited to the
duration of the benefit period, if any, or payment of the maximum
benefits.
(11) A policy providing
coverage for fractures or dislocations may not provide benefits only for "full
or complete" fractures or dislocations.
(12) All individual policies providing
medical expense reimbursement benefits that are not subject to the grievance
procedure requirements of Bureau of Insurance Rule Chapter 850 must contain a
notice of the review and arbitration rights specified in
24-A M.R.S.A.
§2747.
(13) A short-term nonrenewable policy shall
be classified in one of the categories specified in Subsections B through I, K,
or L based on its benefits.
(14)
For a Sickness first manifested before the policy effective date, that was
fraudulently not disclosed or fraudulently misrepresented in answer to a
question in an application for coverage, an insurer may void or contest the
policy or deny a claim at any time.
B. Basic Hospital Expense Coverage
"Basic hospital expense coverage" is a policy of health
insurance that provides coverage, for a period of not less than 31 days during
any one period of confinement for each person insured under the policy, for
expense incurred for medically necessary treatment and services rendered as a
result of accident or sickness for at least the following:
(1) Daily hospital room and board in an
amount not less than the lesser of:
(a) 80%
of the charges for semiprivate room accommodations or
(b) $500 per day;
(2) Miscellaneous hospital services for
expenses incurred for the charges made by the hospital for services and
supplies that are customarily rendered by the hospital and provided for use
only during any one period of confinement in an amount not less than either 80%
of the charges incurred up to at least $5,000 or ten times the daily hospital
room and board benefits; and
(3)
Hospital outpatient services consisting of:
(a) Hospital services on the day surgery is
performed,
(b) Hospital services
rendered within 72 hours after injury, in an amount not less than $1,000;
and
(c) X-ray and laboratory tests
in an amount not less than $500.
(4) Benefits provided under this subsection
may be provided subject to a combined deductible amount not in excess of
$500.
C. Basic
Medical-Surgical Expense Coverage
"Basic medical-surgical expense coverage" is a policy of
health insurance that provides coverage for each person insured under the
policy for the expenses incurred for the medically necessary services rendered
by a physician for treatment of an injury or sickness for at least the
following:
(1) Surgical services:
(a) In amounts not less than those provided
on a fee schedule based on the relative values contained in a fee schedule up
to a maximum of at least $5,000 for one procedure; or
(b) Not less than 80% of the usual, customary
and reasonable charges, as determined consistent with §
7(A)(7); or
(c) Not less than 80% of a maximum allowance
based on the Medicare Resource Based Relative Value Scale with appropriate
adjustments for market conditions.
(2) Anesthesia services, consisting of
administration of necessary general anesthesia and related procedures in
connection with covered surgical service rendered by a physician other than the
physician (or the physician assistant) performing the surgical services:
(a) In an amount not less than 80% of the
usual, customary and reasonable charges, as determined consistent with §
7(A)(7); or
(b) Not less than 80% of a maximum allowance
based on the Medicare Resource Based Relative Value Scale with appropriate
adjustments for market conditions.; or
(c) 15% of the surgical service
benefit.
(3) In-hospital
medical services, consisting of physician services rendered to a person who is
a bed patient in a hospital for treatment of sickness or injury other than that
for which surgical care is required, in an amount not less than:
(a) 80% of the usual, customary and
reasonable charges, as determined consistent with §
7(A)(7); or
(b) 80% of a maximum allowance based on the
Medicare Resource Based Relative Value Scale with appropriate adjustments for
market conditions; or
(c) $100 per
day for not less than 21 days during one period of confinement.
D. Basic
Hospital/Medical-Surgical Expense Coverage
"Basic hospital/medical-surgical expense coverage" is a
combined coverage and must meet the requirements of both Subsections B and
C.
E. Hospital Confinement
Indemnity Coverage
(1) "Hospital confinement
indemnity coverage" is a policy of health insurance that provides daily
benefits for hospital confinement on an indemnity basis in an amount not less
than $50 per day and not less than 31 days during any one period of confinement
for each person insured under the policy.
(2) Coverage shall not be excluded due to a
preexisting condition for a period greater than 12 months following the
effective date of coverage of an insured person unless the preexisting
condition is specifically and expressly excluded.
(3) Except as permitted under
24-A M.R.S.A.
§2723, benefits shall be paid regardless
of other coverage.
F.
Major Medical Expense Coverage
(1) "Major
medical expense coverage" is a health insurance policy that provides coverage
for medically necessary hospital, medical, and surgical expenses, subject to a
lifetime maximum of not less than $1,000,000 per covered person, a coinsurance
percentage not to exceed 50% of covered charges, provided that the coinsurance
out-of-pocket maximum per covered person after any deductibles shall not exceed
$10,000 per year, and a deductible stated on a per person, per family, per
illness, per benefit period, or per year basis, or a combination of these bases
not to exceed 5% of the lifetime maximum limit under the policy for each
covered person, for at least:
(a) Daily
hospital room and board expenses subject only to limitations based on average
daily cost of the semiprivate room rate in the area where the insured
resides;
(b) Miscellaneous hospital
services;
(c) Surgical
services;
(d) Anesthesia
services;
(e) In-hospital medical
services;
(f) Out-of-hospital care,
consisting of physicians' services rendered on an ambulatory basis for
diagnosis and treatment of sickness or injury, diagnostic x-ray, laboratory
services, radiation therapy, and hemodialysis ordered by a physician;
and
(g) Diagnosis and treatment by
a radiologist or physiotherapist;
(h) Treatment for functional nervous
disorders and mental and emotional disorders; and
(i) Out-of-hospital prescription drugs and
medications. Cost sharing for the drug benefit shall not exceed 50% on average.
If there is a separate maximum for this benefit, it shall be at least $1,500
per year.
(2) If the
policy is written to complement underlying basic hospital expense and basic
medical-surgical expense coverage, the deductible may be increased by the
amount of the benefits provided by the underlying coverage.
(3) The minimum benefits required by Section
6(F)(1) may be
subject to all applicable deductibles, coinsurance, and general policy
exceptions and limitations. A major medical expense policy may also have
special or internal limitations for prescription drugs, nursing facilities,
intensive care facilities, mental health treatment, alcohol or substance abuse
treatment, transplants, experimental treatments, mandated benefits required by
law, and other such special or internal limitations as are authorized or
approved by the Superintendent. Except as authorized by this subsection through
the application of special or internal limitations, a major medical expense
policy must be designed to cover, after any deductibles or coinsurance
provisions are met:
(a) The usual, customary,
and reasonable charges, as determined consistent with §
7(A)(7); or
(b) A maximum allowance based on the Medicare
Resource Based Relative Value Scale with appropriate adjustments for market
conditions; or
(c) Another rate
agreed to between the insurer and provider, for covered services up to the
lifetime policy maximum.
G. Basic Medical Expense Coverage
(1) "Basic medical expense coverage" is a
health insurance policy that provides coverage for medically necessary
hospital, medical, and surgical expenses, subject to a lifetime maximum of not
less than $250,000 per covered person, a coinsurance percentage not to exceed
50% of covered charges, provided that the coinsurance out-of-pocket maximum
after any deductibles shall not exceed $25,000 per covered person per year, and
a deductible stated on a per person, per family, per illness, per benefit
period, or per year basis, or a combination of these bases not to exceed 10% of
the lifetime maximum limit under the policy for each covered person, for at
least:
(a) Daily hospital room and board
expenses subject only to limitations based on average daily cost of the
semiprivate room rate in the area where the insured resides or such other rate
agreed to between the insurer and provider for a maximum period of not less
than 31 days during any one period of confinement;
(b) Miscellaneous hospital
services;
(c) Surgical
services;
(d) Anesthesia
services;
(e) In-hospital medical
services;
(f) Out-of-hospital care,
consisting of physicians' services rendered on an ambulatory basis for
diagnosis and treatment of sickness or injury, diagnostic x-ray, laboratory
services, radiation therapy, and hemodialysis ordered by a physician;
and
(g) Not fewer than three (3) of
the following additional benefits:
(i)
In-hospital private duty registered nurse services;
(ii) Convalescent nursing home
care;
(iii) Diagnosis and treatment
by a radiologist or physiotherapist;
(iv) Rental of special medical equipment, as
defined by the insurer in the policy;
(v) Artificial limbs or eyes, casts, splints,
trusses, or braces;
(vi) Treatment
for functional nervous disorders and mental and emotional disorders;
or
(vii) Out-of-hospital
prescription drugs and medications.
(2) If the policy is written to complement
underlying basic hospital expense and basic medical-surgical expense coverage,
the deductible may be increased by the amount of the benefits provided by the
underlying coverage.
(3) The
minimum benefits required by 6G(1) may be subject to all applicable
deductibles, coinsurance, and general policy exceptions and limitations. A
basic medical expense policy may also have special or internal limitations for
prescription drugs, nursing facilities, intensive care facilities, mental
health treatment, alcohol or substance abuse treatment, transplants,
experimental treatments, mandated benefits required by law, and those services
covered under 6G(1)(g) and other such special or internal limitations as are
authorized or approved by the Superintendent. Except as authorized by this
subsection through the application of special or internal limitations, a basic
medical expense policy must be designed to cover, after any deductibles or
coinsurance provisions are met:
(a) The
usual, customary, and reasonable charges, as determined consistently by the
carrier and as subject to approval by the Superintendent; or
(b) A maximum allowance based on the Medicare
Resource Based Relative Value Scale with appropriate adjustments for market
conditions; or
(c) Another rate
agreed to between the insurer and provider, for covered services up to the
lifetime policy maximum.
H. Individual Disability Income Protection
Coverage
"Individual disability income protection coverage" provides
for periodic payments, weekly or monthly, for a specified period during the
continuance of disability resulting from either sickness or injury or a
combination of them. The requirements of this subsection do not apply to
policies providing business buy-out coverage.
(1) Policies shall not contain an elimination
period greater than:
(a) 90 days in the case
of a coverage providing a benefit of one year or less;
(b) 180 days in the case of coverage
providing a benefit of more than one year but not greater than two (2) years;
or
(c) 730 days in all other cases
during the continuance of disability resulting from sickness or
injury;
(2) The maximum
benefit period shall be at least three months except a maximum benefit period
of one month is permitted for normal pregnancy and normal childbirth or for
miscarriage.
(3) No reduction in
benefits shall be put into effect because of an increase in Social Security or
similar benefits during a benefit period.
(4) An insurer may condition total disability
benefits on care by a physician other than the insured or a member of the
insured's immediate family.
I. Accident Only Coverage
"Accident only coverage" is a policy that provides coverage,
singly or in combination, for death, dismemberment, disability, or hospital and
medical care caused by accident. Accidental death and double dismemberment
amounts under the policy shall be at least $2,000 and a single dismemberment
amount shall be at least $1,000.
J. Specified Disease Coverage
(1) "Specified disease coverage" pays
benefits based on diagnosis and/or treatment of a specifically named disease or
diseases. A specified disease policy must meet the following rules and one of
the following sets of minimum standards for benefits:
(a) Insurance covering cancer only or cancer
in conjunction with other conditions or diseases must meet the standards of
Paragraph (4), (5) or (6) of this subsection.
(b) Insurance covering only specified
diseases other than cancer must meet the standards of Paragraph (3) or (6) of
this subsection.
(2)
General Rules
The following rules shall apply to specified disease
coverages in addition to all other rules imposed by this Rule. In cases of
conflict between the following and other rules, the following rules shall
govern.
(a) Policies covering a single
specified disease or combination of specified diseases may not be sold or
offered for sale other than as specified disease coverage under this
section.
(b) Any policy issued
pursuant to this section that conditions payment upon pathological diagnosis of
a covered disease shall also provide that if the pathological diagnosis is
medically inappropriate, a clinical diagnosis will be accepted
instead.
(c) Notwithstanding any
other provision of this rule, specified disease policies shall provide
benefits, with the exception of any lump-sum benefit based on diagnosis of a
specified disease, to any covered person not only for the specified diseases
but also for any other conditions or diseases, directly caused or aggravated by
the specified diseases or the treatment of the specified disease.
(d) Individual specified disease coverage
shall be guaranteed renewable or noncancellable.
(e) A specified disease policy may contain a
waiting or probationary period of no more than 30 days following the issue or
reinstatement date of the policy or certificate.
(f) An application or enrollment form for
specified disease coverage shall contain a statement above the signature of the
applicant or enrollee that a person to be covered is not covered also by any
Title XIX program (Medicaid). The statement may be combined with any other
statement for which the insurer may require the applicant's or enrollee's
signature.
(g) Payments may be
conditioned upon an insured person's receiving medically necessary care, given
in a medically appropriate location, under a medically accepted course of
diagnosis or treatment.
(h) Except
as permitted under
24-A M.R.S.A. §§2722 and
2723,
benefits for specified disease coverage shall be paid regardless of other
coverage.
(i) After the effective
date of the coverage (or applicable waiting period, if any) benefits based on
care or confinement shall begin with the first day of care or confinement if
the care or confinement is for a covered disease even though the diagnosis is
made at some later date.
(j)
Policies providing expense benefits shall not use the term "actual" when the
policy pays up to only a limited amount of expenses. Instead, the policy should
use language that does not have the misleading or deceptive effect of the
phrase "actual charges."
(k)
"Preexisting condition" shall not be defined more broadly than the following:
"Preexisting condition means a condition for which medical advice, diagnosis,
care, or treatment was recommended or received from a physician within the six
(6) month period preceding the effective date of coverage of an insured
person."
(l) Coverage for specified
diseases will not be excluded due to a preexisting condition for a period
greater than six (6) months following the effective date of coverage of an
insured person.
(m) Hospice Care.
(i) "Hospicecare" means services provided on
a 24-hours-a-day, 7-days-a-week basis to a person who is terminally ill and
that person's family. "Hospice care" includes, but is not limited to, physician
services, nursing care, respite care, medical and social work services,
counseling services, nutritional counseling, pain and symptom management,
medical supplies and durable medical equipment, occupational, physical or
speech therapies, volunteer services, home health care services, and
bereavement services.
(ii) Hospice
care is an optional benefit. However, if a specified disease insurance product
offers coverage for hospice care, it shall meet the following minimum
standards:
(I) Eligibility for payment of
benefits when the attending physician of the insured provides a written
statement that the insured person has a life expectancy of 12 months or
less;
(II) A fixed-sum payment of
at least $50 per day; and
(III) A
lifetime maximum benefit limit of at least $20,000.
(3) Expense-incurred
non-cancer coverages must provide the minimum benefits specified in either
subparagraph (a) or subparagraph (b):
(a)
Coverage for each insured person for a specifically named disease (or diseases)
with a deductible amount not in excess of $250 and an overall aggregate benefit
limit of no less than $10,000 and a benefit period of not less than two years.
The policy may provide coverage for any expenses necessarily incurred in the
treatment of the disease but must cover at least the following incurred
expenses:
(i) Hospital room and board and any
other hospital furnished medical services or supplies;
(ii) Treatment by a legally qualified
physician or surgeon;
(iii) Private
duty services of a registered nurse;
(iv) X-ray, radium, and other therapy
procedures used in diagnosis and treatment;
(v) Professional ambulance for local service
to or from a local hospital;
(vi)
Blood transfusions, including expense incurred for blood donors;
(vii) Drugs and medicines prescribed by a
physician;
(viii) The rental of an
iron lung or similar mechanical apparatus;
(ix) Braces, crutches, and wheel chairs as
are deemed necessary by the attending physician for the treatment of the
disease; and
(x) Emergency
transportation if in the opinion of the attending physician it is necessary to
transport the insured to another locality for treatment of the
disease.
(b) Coverage
for each insured person for a specifically named disease (or diseases) with no
deductible amount, and an overall aggregate benefit limit of not less than
$25,000 payable at the rate of not less than $50 a day while confined in a
hospital and a benefit period of not less than 500 days.
(4) A policy that provides coverage for
cancer-only coverage or in combination with one or more other specified
diseases on an expense incurred basis shall cover at least the usual,
customary, and reasonable charges, as determined consistent with §
7(A)(7) or a maximum
allowance based on the Medicare Resource Based Relative Value Scale with
appropriate adjustments for market conditions, for the following services and
supplies for the care and treatment of cancer. The policy may provide for a
deductible amount not in excess of $250 for each insured person, an overall
aggregate benefit limit of not less than $10,000 for each insured person, and a
benefit period of not less than three years. With the exception of
subparagraphs (c) and (f), services and supplies provided on an outpatient
basis may be subject to copayment by the insured person not to exceed 20% of
covered charges. The requirements of this paragraph apply unless the
Superintendent approves different minimum benefits based on a determination
that the minimum benefits provided by the insurer are in the interest of the
consumer.
(a) Treatment by, or under the
direction of, a legally qualified physician or surgeon;
(b) X-ray, radium chemotherapy and other
therapy procedures used in diagnosis and treatment;
(c) Hospital room and board and any other
hospital furnished medical services or supplies;
(d) Blood transfusions and their
administration, including expense incurred for blood donors;
(e) Drugs and medicines prescribed by a
physician;
(f) Professional
ambulance for local service to or from a local hospital;
(g) Private duty services of a registered
nurse provided in a hospital;
(h)
Braces, crutches, and wheelchairs deemed necessary by the attending physician
for the treatment of the disease;
(i) Emergency transportation if in the
opinion of the attending physician it is necessary to transport the insured to
another locality for treatment of the disease;
(j)
(i)
Home health care, which is necessary care and treatment provided at the insured
person's residence by a home health care agency or by others under arrangements
made with a home health care agency. The policy may require that the program of
treatment be prescribed in writing by the insured person's attending physician
and that the physician approve the program prior to its start. The policy also
may require that the physician certify that confinement in a hospital or a
skilled nursing facility would be otherwise required. A "home health care
agency" is an entity that (1) is an agency approved under Medicare, (2) is
licensed to provide home health care under applicable state law, or (3) meets
all of the following requirements:
(I) It is
primarily engaged in providing home health care services;
(II) Its policies are established by a group
of professional personnel (including at least one physician and one registered
nurse);
(III) It is available to
provide the care needed in the home seven days a week and has telephone
answering service available 24 hours per day;
(IV) It provides, either directly or through
contract, the services of a coordinator responsible for case discovery and
planning and for assuring that the covered person receives the services ordered
by the physician;
(V) It has under
contract the services of a physician-advisor licensed by the State or a
physician; and
(VI) It maintains
clinical records on all patients.
(ii) Home health care includes, but is not
limited to:
(I) Part-time or intermittent
skilled nursing services provided by a registered nurse or a licensed practical
nurse;
(II) Part-time or
intermittent home health aide services that provide supportive services in the
home under the supervision of a registered nurse or a physical, speech or
hearing occupational therapists;
(III) Physical, occupational or speech and
hearing therapy; and
(IV) Medical
supplies, drugs and medicines prescribed by a physician and related
pharmaceutical services, and laboratory services, to the extent the charges or
costs would have been covered if the insured person had remained in the
hospital.
(k)
Physical, speech, hearing and occupational therapy;
(l) Special equipment including hospital bed,
toilette, pulleys, wheelchairs, aspirator, chux, oxygen, surgical dressings,
rubber shields, and colostomy and eleostomy appliances;
(m) Prosthetic devices including wigs and
artificial breasts;
(n) Nursing
home care for noncustodial services; and
(o) Reconstructive surgery when deemed
necessary by the attending physician.
(p) Policies that offer transportation and
lodging benefits for an insured person may not condition those benefits on
hospitalization.
(5) The
requirements of this paragraph apply unless the Superintendent approves
different minimum benefits based on a determination that the minimum benefits
provided by the insurer are in the interest of the consumer.
(a) The following minimum benefits standards
apply to cancer coverages written on a per diem indemnity basis. These
coverages shall offer insured persons:
(i) A
fixed-sum payment of at least $100 for each day of hospital confinement for at
least 365 days;
(ii) A fixed-sum
payment equal to one half the hospital inpatient benefit for each day of
hospital or nonhospital outpatient surgery, chemotherapy, and radiation
therapy, for at least 365 days of treatment; and
(iii) A fixed-sum payment of at least $50 per
day for blood and plasma, which includes their administration whether received
as an inpatient or outpatient for at least 365 days of treatment.
(b) Benefits tied to confinement
in a skilled nursing home or to receipt of home health care are optional. If a
policy offers these benefits, the benefits must be as follows:
(i) A fixed-sum payment equal to one-fourth
the hospital in-patient benefit for each day of skilled nursing home
confinement for at least 100 days.
(ii) A fixed-sum payment equal to one-fourth
the hospital in-patient benefit for each day of home health care for at least
100 days.
(iii) Benefit payments
shall begin with the first day of care or confinement after the effective date
of coverage if the care or confinement is for a covered disease even though the
diagnosis of a covered disease is made at some later date if the initial care
or confinement was for diagnosis or treatment of the covered disease.
(iv) Notwithstanding any other provision of
this rule, any restriction or limitation applied to the benefits in (b)(i) and
(b)(ii) whether by definition or otherwise, shall be no more restrictive than
those under Medicare.
(6) The following minimum benefits standards
apply to lump-sum indemnity coverage of any specified disease:
(a) These coverages must pay indemnity
benefits on behalf of insured persons of a specifically named disease or
diseases. The benefits are payable as a fixed, one-time payment made within 30
days of submission to the insurer of proof of diagnosis of the specified
disease.
(b) Where coverage is
advertised or otherwise represented to offer generic coverage of a disease or
diseases, the same dollar amounts shall be payable regardless of the particular
subtype of the disease with one exception. In the case of clearly identifiable
subtypes with significantly lower treatments costs, lesser amounts may be
payable so long as the policy clearly differentiates that subtype and its
benefits.
K.
Specified Accident Coverage
"Specified accident coverage" is a policy that provides
coverage for a specifically identified kind of accident (or accidents) for each
person insured under the policy for accidental death or accidental death and
dismemberment combined. The benefit amount shall not be less than $2,000 for
accidental death, $2,000 for double dismemberment, and $1,000 for single
dismemberment.
L.
Supplemental Health Coverage
"Supplemental health coverage" is a policy or contract, other
than a policy or contract covering only a specified disease or diseases, that
provides benefits that are less than the minimum standards for benefits
required under Subsections B, C, D, E, F, G, I and K. These policies or
contracts may be delivered or issued for delivery in this state only if the
outline of coverage required by Section
7(M) of this rule is
completed and delivered as required by Section
7(B) of this rule and
the policy or certificate is clearly labeled as a supplemental policy or
certificate as required by Section
7(A)(17). A policy
covering a single specified disease or combination of diseases shall meet the
requirements of Section
6(J) and shall not be
offered for sale as a "limited" or "supplemental" coverage.