2024 -- S 2715

========

LC005596

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

____________

A N   A C T

RELATING TO INSURANCE -- ACCIDENT AND SICKNESS INSURANCE POLICIES

     

     Introduced By: Senators DiMario, and Pearson

     Date Introduced: March 05, 2024

     Referred To: Senate Health & Human Services

     It is enacted by the General Assembly as follows:

1

     SECTION 1. Section 27-18-76 of the General Laws in Chapter 27-18 entitled "Accident

2

and Sickness Insurance Policies" is hereby amended to read as follows:

3

     27-18-76. Emergency services.

4

     (a) As used in this section:

5

     (1) “Emergency medical condition” means a medical condition manifesting itself by acute

6

symptoms of sufficient severity (including severe pain) so that a prudent layperson, who possesses

7

an average knowledge of health and medicine, could reasonably expect the absence of immediate

8

medical attention to result in a condition: (i) Placing the health of the individual, or with respect to

9

a pregnant woman her unborn child, in serious jeopardy; (ii) Constituting a serious impairment to

10

bodily functions; or (iii) Constituting a serious dysfunction of any bodily organ or part.

11

     (2) “Emergency services” means, with respect to an emergency medical condition:

12

     (A)(i) A medical screening examination (as required under section 1867 of the Social

13

Security Act, 42 U.S.C. § 1395dd) that is within the capability of the emergency department of a

14

hospital, including ancillary services routinely available to the emergency department to evaluate

15

such emergency medical condition, and;

16

     (B)(ii) Such further medical examination and treatment, to the extent they are within the

17

capabilities of the staff and facilities available at the hospital, as are required under section 1867 of

18

the Social Security Act (42 U.S.C. § 1395dd) to stabilize the patient.; and

19

     (iii) Transportation for emergency services by ambulance vehicles and ambulance service

 

1

entities licensed in accordance with chapter 4.1 of title 23 to provide emergency medical care,

2

transportation, and preventative care to mitigate loss of life or exacerbation of illness or injury.

3

     (A) All copayment, coinsurance, deductible, and other cost-sharing feature amounts shall

4

not exceed the in-network copayment, coinsurance, deductible, and other cost-sharing features for

5

the covered health care services received by the enrollee.

6

     (B) Nothing herein shall prevent the provider of ambulance services from pursuing

7

recompense for services from any non-enrollee third party liable to the enrollee at law.

8

     (3) “Stabilize,” with respect to an emergency medical condition has the meaning given in

9

§ 1867(e)(3) of the Social Security Act (42 U.S.C. § 1395dd(e)(3)).

10

     (b) If a health insurance carrier offering health insurance coverage provides any benefits

11

with respect to services in an emergency department of a hospital, the carrier must cover emergency

12

services in compliance with this section.

13

     (c) A health insurance carrier shall provide coverage for emergency services in the

14

following manner:

15

     (1) Without the need for any prior authorization determination, even if the emergency

16

services are provided on an out-of-network basis;

17

     (2) Without regard to whether the healthcare provider furnishing the emergency services is

18

a participating network provider with respect to the services;

19

     (3) If the emergency services are provided out of network, without imposing any

20

administrative requirement or limitation on coverage that is more restrictive than the requirements

21

or limitations that apply to emergency services received from in-network providers;

22

     (4) If the emergency services are provided out of network, by complying with the cost-

23

sharing requirements of subsection (d) of this section; and

24

     (5) Without regard to any other term or condition of the coverage, other than:

25

     (A)(i) The exclusion of or coordination of benefits;

26

     (B)(ii) An affiliation or waiting period permitted under part 7 of federal ERISA, part A of

27

title XXVII of the federal PHS Act, or chapter 100 of the federal Internal Revenue Code; or

28

     (C)(iii) Applicable cost-sharing.

29

     (d)(1) Any cost-sharing requirement expressed as a copayment amount or coinsurance rate

30

imposed with respect to a participant or beneficiary for out-of-network emergency services cannot

31

exceed the cost-sharing requirement imposed with respect to a participant or beneficiary if the

32

services were provided in-network; provided, however, that a participant or beneficiary may be

33

required to pay, in addition to the in-network cost-sharing, the excess of the amount the out-of-

34

network provider charges over the amount the health insurance carrier is required to pay under

 

LC005596 - Page 2 of 13

1

subdivision (1) of this subsection. A health insurance carrier complies with the requirements of this

2

subsection if it provides benefits with respect to an emergency service in an amount equal to the

3

greatest of the three amounts specified in subdivisions (A), (B), and (C) of this subdivision (1)

4

(which are adjusted for in-network cost-sharing requirements).

5

     (A)(i) The amount negotiated with in-network providers for the emergency service

6

furnished, excluding any in-network copayment or coinsurance imposed with respect to the

7

participant or beneficiary. If there is more than one amount negotiated with in-network providers

8

for the emergency service, the amount described under this subdivision (A) is the median of these

9

amounts, excluding any in-network copayment or coinsurance imposed with respect to the

10

participant or beneficiary. In determining the median described in the preceding sentence, the

11

amount negotiated with each in-network provider is treated as a separate amount (even if the same

12

amount is paid to more than one provider). If there is no per-service amount negotiated with in-

13

network providers (such as under a capitation or other similar payment arrangement), the amount

14

under this subdivision (A) is disregarded.

15

     (B)(ii) The amount for the emergency service shall be calculated using the same method

16

the plan generally uses to determine payments for out-of-network services (such as the usual,

17

customary, and reasonable amount), excluding any in-network copayment or coinsurance imposed

18

with respect to the participant or beneficiary. The amount in this subdivision (B) is determined

19

without reduction for out-of-network cost-sharing that generally applies under the plan or health

20

insurance coverage with respect to out-of-network services.

21

     (c)(iii) The amount that would be paid under Medicare (part A or part B of title XVIII of

22

the Social Security Act, 42 U.S.C. § 1395 et seq.) for the emergency service, excluding any in-

23

network copayment or coinsurance imposed with respect to the participant or beneficiary.

24

     (2) Any cost-sharing requirement other than a copayment or coinsurance requirement (such

25

as a deductible or out-of-pocket maximum) may be imposed with respect to emergency services

26

provided out of network if the cost-sharing requirement generally applies to out-of-network

27

benefits. A deductible may be imposed with respect to out-of-network emergency services only as

28

part of a deductible that generally applies to out-of-network benefits. If an out-of-pocket maximum

29

generally applies to out-of-network benefits, that out-of-pocket maximum must apply to out-of-

30

network emergency services.

31

     (e) The provisions of this section apply for plan years beginning on or after September 23,

32

2010.

33

     (f) This section shall not apply to grandfathered health plans. This section shall not apply

34

to insurance coverage providing benefits for: (1) hospital confinement indemnity; (2) disability

 

LC005596 - Page 3 of 13

1

income; (3) accident only; (4) long term care; (5) Medicare supplement; (6) limited benefit health;

2

(7) specified disease indemnity; (8) sickness or bodily injury or death by accident or both; and (9)

3

other limited benefit policies.

4

     SECTION 2. Section 27-19-66 of the General Laws in Chapter 27-19 entitled "Nonprofit

5

Hospital Service Corporations" is hereby amended to read as follows:

6

     27-19-66. Emergency services.

7

     (a) As used in this section:

8

     (1) “Emergency medical condition” means a medical condition manifesting itself by acute

9

symptoms of sufficient severity (including severe pain) so that a prudent layperson, who possesses

10

an average knowledge of health and medicine, could reasonably expect the absence of immediate

11

medical attention to result in a condition: (i) Placing the health of the individual, or with respect to

12

a pregnant woman her unborn child, in serious jeopardy; (ii) Constituting a serious impairment to

13

bodily functions; or (iii) Constituting a serious dysfunction of any bodily organ or part.

14

     (2) “Emergency services” means, with respect to an emergency medical condition:

15

     (i) A medical screening examination (as required under section 1867 of the Social Security

16

Act, 42 U.S.C. § 1395dd) that is within the capability of the emergency department of a hospital,

17

including ancillary services routinely available to the emergency department to evaluate such

18

emergency medical condition, and;

19

     (ii) Such further medical examination and treatment, to the extent they are within the

20

capabilities of the staff and facilities available at the hospital, as are required under section 1867 of

21

the Social Security Act (42 U.S.C. § 1395dd) to stabilize the patient.; and

22

     (iii) Transportation for emergency services by ambulance vehicles and ambulance service

23

entities licensed in accordance with chapter 4.1 of title 23 to provide emergency medical care,

24

transportation, and preventative care to mitigate loss of life or exacerbation of illness or injury.

25

     (A) All copayment, coinsurance, deductible, and other cost-sharing feature amounts shall

26

not exceed the in-network copayment, coinsurance, deductible, and other cost-sharing features for

27

the covered health care services received by the enrollee.

28

     (B) Nothing herein shall prevent the provider of ambulance services from pursuing

29

recompense for services from any non-enrollee third party liable to the enrollee at law.

30

     (3) “Stabilize,” with respect to an emergency medical condition has the meaning given in

31

section 1867(e)(3) of the Social Security Act (42 U.S.C. § 1395dd(e)(3)).

32

     (b) If a nonprofit hospital service corporation provides any benefits to subscribers with

33

respect to services in an emergency department of a hospital, the plan must cover emergency

34

services consistent with the rules of this section.

 

LC005596 - Page 4 of 13

1

     (c) A nonprofit hospital service corporation shall provide coverage for emergency services

2

in the following manner:

3

     (1) Without the need for any prior authorization determination, even if the emergency

4

services are provided on an out-of-network basis;

5

     (2) Without regard to whether the healthcare provider furnishing the emergency services is

6

a participating network provider with respect to the services;

7

     (3) If the emergency services are provided out of network, without imposing any

8

administrative requirement or limitation on coverage that is more restrictive than the requirements

9

or limitations that apply to emergency services received from in-network providers;

10

     (4) If the emergency services are provided out of network, by complying with the cost-

11

sharing requirements of subsection (d) of this section; and

12

     (5) Without regard to any other term or condition of the coverage, other than:

13

     (i) The exclusion of or coordination of benefits;

14

     (ii) An affiliation or waiting period permitted under part 7 of federal ERISA, part A of title

15

XXVII of the federal Public Health Service Act, or chapter 100 of the federal Internal Revenue

16

Code; or

17

     (iii) Applicable cost sharing.

18

     (d)(1) Any cost-sharing requirement expressed as a copayment amount or coinsurance rate

19

imposed with respect to a participant or beneficiary for out-of-network emergency services cannot

20

exceed the cost-sharing requirement imposed with respect to a participant or beneficiary if the

21

services were provided in-network. However, a participant or beneficiary may be required to pay,

22

in addition to the in-network cost sharing, the excess of the amount the out-of-network provider

23

charges over the amount the plan or health insurance carrier is required to pay under subsection

24

(d)(1). A group health plan or health insurance carrier complies with the requirements of this

25

subsection (d) if it provides benefits with respect to an emergency service in an amount equal to

26

the greatest of the three amounts specified in subsections (d)(1)(i), (d)(1)(ii), and (d)(1)(iii) of this

27

section (which are adjusted for in-network cost-sharing requirements).

28

     (i) The amount negotiated with in-network providers for the emergency service furnished,

29

excluding any in-network copayment or coinsurance imposed with respect to the participant or

30

beneficiary. If there is more than one amount negotiated with in-network providers for the

31

emergency service, the amount described under this subsection (d)(1)(i) is the median of these

32

amounts, excluding any in-network copayment or coinsurance imposed with respect to the

33

participant or beneficiary. In determining the median described in the preceding sentence, the

34

amount negotiated with each in-network provider is treated as a separate amount (even if the same

 

LC005596 - Page 5 of 13

1

amount is paid to more than one provider). If there is no per-service amount negotiated with in-

2

network providers (such as under a capitation or other similar payment arrangement), the amount

3

under this subsection (d)(1)(i) is disregarded.

4

     (ii) The amount for the emergency service shall be calculated using the same method the

5

plan generally uses to determine payments for out-of-network services (such as the usual,

6

customary, and reasonable amount), excluding any in-network copayment or coinsurance imposed

7

with respect to the participant or beneficiary. The amount in this subsection (d)(1)(ii) is determined

8

without reduction for out-of-network cost sharing that generally applies under the plan or health

9

insurance coverage with respect to out-of-network services. Thus, for example, if a plan generally

10

pays seventy percent (70%) of the usual, customary, and reasonable amount for out-of-network

11

services, the amount in this subsection (d)(1)(ii) for an emergency service is the total, that is, one

12

hundred percent (100%), of the usual, customary, and reasonable amount for the service, not

13

reduced by the thirty percent (30%) coinsurance that would generally apply to out-of-network

14

services (but reduced by the in-network copayment or coinsurance that the individual would be

15

responsible for if the emergency service had been provided in-network).

16

     (iii) The amount that would be paid under Medicare (part A or part B of title XVIII of the

17

Social Security Act, 42 U.S.C. § 1395 et seq.) for the emergency service, excluding any in-network

18

copayment or coinsurance imposed with respect to the participant or beneficiary.

19

     (2) Any cost-sharing requirement other than a copayment or coinsurance requirement (such

20

as a deductible or out-of-pocket maximum) may be imposed with respect to emergency services

21

provided out of network if the cost-sharing requirement generally applies to out-of-network

22

benefits. A deductible may be imposed with respect to out-of-network emergency services only as

23

part of a deductible that generally applies to out-of-network benefits. If an out-of-pocket maximum

24

generally applies to out-of-network benefits, that out-of-pocket maximum must apply to out-of-

25

network emergency services.

26

     (e) The provisions of this section apply for plan years beginning on or after September 23,

27

2010.

28

     (f) This section shall not apply to insurance coverage providing benefits for: (1) Hospital

29

confinement indemnity; (2) Disability income; (3) Accident only; (4) Long-term care; (5) Medicare

30

supplement; (6) Limited benefit health; (7) Specified disease indemnity; (8) Sickness or bodily

31

injury or death by accident or both; and (9) Other limited benefit policies.

32

     SECTION 3. Section 27-20-62 of the General Laws in Chapter 27-20 entitled "Nonprofit

33

Medical Service Corporations" is hereby amended to read as follows:

34

     27-20-62. Emergency services.

 

LC005596 - Page 6 of 13

1

     (a) As used in this section:

2

     (1) “Emergency medical condition” means a medical condition manifesting itself by acute

3

symptoms of sufficient severity (including severe pain) so that a prudent layperson, who possesses

4

an average knowledge of health and medicine, could reasonably expect the absence of immediate

5

medical attention to result in a condition: (i) Placing the health of the individual, or with respect to

6

a pregnant woman her unborn child, in serious jeopardy; (ii) Constituting a serious impairment to

7

bodily functions; or (iii) Constituting a serious dysfunction of any bodily organ or part.

8

     (2) “Emergency services” means, with respect to an emergency medical condition:

9

     (i) A medical screening examination (as required under section 1867 of the Social Security

10

Act, 42 U.S.C. § 1395dd) that is within the capability of the emergency department of a hospital,

11

including ancillary services routinely available to the emergency department to evaluate the

12

emergency medical condition, and;

13

     (ii) Further medical examination and treatment, to the extent they are within the capabilities

14

of the staff and facilities available at the hospital, as are required under section 1867 of the Social

15

Security Act (42 U.S.C. § 1395dd) to stabilize the patient.; and

16

     (iii) Transportation for emergency services by ambulance vehicles and ambulance service

17

entities licensed in accordance with chapter 4.1 of title 23 to provide emergency medical care,

18

transportation, and preventative care to mitigate loss of life or exacerbation of illness or injury.

19

     (A) All copayment, coinsurance, deductible, and other cost-sharing feature amounts shall

20

not exceed the in-network copayment, coinsurance, deductible, and other cost-sharing features for

21

the covered health care services received by the enrollee.

22

     (B) Nothing herein shall prevent the provider of ambulance services from pursuing

23

recompense for services from any non-enrollee third party liable to the enrollee at law.

24

     (3) “Stabilize,” with respect to an emergency medical condition has the meaning given in

25

section 1867(e)(3) of the Social Security Act (42 U.S.C. § 1395dd(e)(3)).

26

     (b) If a nonprofit medical service corporation offering health insurance coverage provides

27

any benefits with respect to services in an emergency department of a hospital, it must cover

28

emergency services consistent with the rules of this section.

29

     (c) A nonprofit medical service corporation shall provide coverage for emergency services

30

in the following manner:

31

     (1) Without the need for any prior authorization determination, even if the emergency

32

services are provided on an out-of-network basis;

33

     (2) Without regard to whether the healthcare provider furnishing the emergency services is

34

a participating network provider with respect to the services;

 

LC005596 - Page 7 of 13

1

     (3) If the emergency services are provided out of network, without imposing any

2

administrative requirement or limitation on coverage that is more restrictive than the requirements

3

or limitations that apply to emergency services received from in-network providers;

4

     (4) If the emergency services are provided out of network, by complying with the cost-

5

sharing requirements of subsection (d) of this section; and

6

     (5) Without regard to any other term or condition of the coverage, other than:

7

     (i) The exclusion of or coordination of benefits;

8

     (ii) An affiliation or waiting period permitted under part 7 of federal ERISA, part A of title

9

XXVII of the federal Public Health Service Act, or chapter 100 of the federal Internal Revenue

10

Code; or

11

     (iii) Applicable cost sharing.

12

     (d)(1) Any cost-sharing requirement expressed as a copayment amount or coinsurance rate

13

imposed with respect to a participant or beneficiary for out-of-network emergency services cannot

14

exceed the cost-sharing requirement imposed with respect to a participant or beneficiary if the

15

services were provided in-network. However, a participant or beneficiary may be required to pay,

16

in addition to the in-network cost sharing, the excess of the amount the out-of-network provider

17

charges over the amount the plan or health insurance carrier is required to pay under subsection

18

(d)(1). A group health plan or health insurance carrier complies with the requirements of this

19

subsection (d) if it provides benefits with respect to an emergency service in an amount equal to

20

the greatest of the three amounts specified in subsections (d)(1)(i), (d)(1)(ii), and (d)(1)(iii) of this

21

section (which are adjusted for in-network cost-sharing requirements).

22

     (i) The amount negotiated with in-network providers for the emergency service furnished,

23

excluding any in-network copayment or coinsurance imposed with respect to the participant or

24

beneficiary. If there is more than one amount negotiated with in-network providers for the

25

emergency service, the amount described under this subsection (d)(1)(i) is the median of these

26

amounts, excluding any in-network copayment or coinsurance imposed with respect to the

27

participant or beneficiary. In determining the median described in the preceding sentence, the

28

amount negotiated with each in-network provider is treated as a separate amount (even if the same

29

amount is paid to more than one provider). If there is no per-service amount negotiated with in-

30

network providers (such as under a capitation or other similar payment arrangement), the amount

31

under this subsection (d)(1)(i) is disregarded.

32

     (ii) The amount for the emergency service shall be calculated using the same method the

33

plan generally uses to determine payments for out-of-network services (such as the usual,

34

customary, and reasonable amount), excluding any in-network copayment or coinsurance imposed

 

LC005596 - Page 8 of 13

1

with respect to the participant or beneficiary. The amount in this subsection (d)(1)(ii) is determined

2

without reduction for out-of-network cost sharing that generally applies under the plan or health

3

insurance coverage with respect to out-of-network services.

4

     (iii) The amount that would be paid under Medicare (part A or part B of title XVIII of the

5

Social Security Act, 42 U.S.C. § 1395 et seq.) for the emergency service, excluding any in-network

6

copayment or coinsurance imposed with respect to the participant or beneficiary.

7

     (2) Any cost-sharing requirement other than a copayment or coinsurance requirement (such

8

as a deductible or out-of-pocket maximum) may be imposed with respect to emergency services

9

provided out of network if the cost-sharing requirement generally applies to out-of-network

10

benefits. A deductible may be imposed with respect to out-of-network emergency services only as

11

part of a deductible that generally applies to out-of-network benefits. If an out-of-pocket maximum

12

generally applies to out-of-network benefits, that out-of-pocket maximum must apply to out-of-

13

network emergency services.

14

     (f) The provisions of this section shall apply to grandfathered health plans. This section

15

shall not apply to insurance coverage providing benefits for: (1) Hospital confinement indemnity;

16

(2) Disability income; (3) Accident only; (4) Long-term care; (5) Medicare supplement; (6) Limited

17

benefit health; (7) Specified disease indemnity; (8) Sickness or bodily injury or death by accident

18

or both; and (9) Other limited benefit policies.

19

     SECTION 4. Section 27-41-79 of the General Laws in Chapter 27-41 entitled "Health

20

Maintenance Organizations" is hereby amended to read as follows:

21

     27-41-79. Emergency services.

22

     (a) As used in this section:

23

     (1) “Emergency medical condition” means a medical condition manifesting itself by acute

24

symptoms of sufficient severity (including severe pain) so that a prudent layperson, who possesses

25

an average knowledge of health and medicine, could reasonably expect the absence of immediate

26

medical attention to result in a condition: (i) Placing the health of the individual, or with respect to

27

a pregnant woman her unborn child in serious jeopardy; (ii) Constituting a serious impairment to

28

bodily functions; or (iii) Constituting a serious dysfunction of any bodily organ or part.

29

     (2) “Emergency services” means, with respect to an emergency medical condition:

30

     (i) A medical screening examination (as required under section 1867 of the Social Security

31

Act, 42 U.S.C. § 1395dd) that is within the capability of the emergency department of a hospital,

32

including ancillary services routinely available to the emergency department to evaluate such

33

emergency medical condition, and;

34

     (ii) Such further medical examination and treatment, to the extent they are within the

 

LC005596 - Page 9 of 13

1

capabilities of the staff and facilities available at the hospital, as are required under section 1867 of

2

the Social Security Act (42 U.S.C. § 1395dd) to stabilize the patient.; and

3

     (iii) Transportation for emergency services by ambulance vehicles and ambulance service

4

entities licensed in accordance with chapter 4.1 of title 23 to provide emergency medical care,

5

transportation, and preventative care to mitigate loss of life or exacerbation of illness or injury.

6

     (A) All copayment, coinsurance, deductible, and other cost-sharing feature amounts shall

7

not exceed the in-network copayment, coinsurance, deductible, and other cost-sharing features for

8

the covered health care services received by the enrollee.

9

     (B) Nothing herein shall prevent the provider of ambulance services from pursuing

10

recompense for services from any non-enrollee third party liable to the enrollee at law.

11

     (3) “Stabilize,” with respect to an emergency medical condition has the meaning given in

12

section 1867(e)(3) of the Social Security Act (42 U.S.C. § 1395dd(e)(3)).

13

     (b) If a health maintenance organization offering group health insurance coverage provides

14

any benefits with respect to services in an emergency department of a hospital, it must cover

15

emergency services consistent with the rules of this section.

16

     (c) A health maintenance organization shall provide coverage for emergency services in

17

the following manner:

18

     (1) Without the need for any prior authorization determination, even if the emergency

19

services are provided on an out-of-network basis;

20

     (2) Without regard to whether the healthcare provider furnishing the emergency services is

21

a participating network provider with respect to the services;

22

     (3) If the emergency services are provided out of network, without imposing any

23

administrative requirement or limitation on coverage that is more restrictive than the requirements

24

or limitations that apply to emergency services received from in-network providers;

25

     (4) If the emergency services are provided out of network, by complying with the cost-

26

sharing requirements of subsection (d) of this section; and

27

     (5) Without regard to any other term or condition of the coverage, other than:

28

     (i) The exclusion of or coordination of benefits;

29

     (ii) An affiliation or waiting period permitted under part 7 of federal ERISA, part A of title

30

XXVII of the federal Public Health Service Act, or chapter 100 of the federal Internal Revenue

31

Code; or

32

     (iii) Applicable cost sharing.

33

     (d)(1) Any cost-sharing requirement expressed as a copayment amount or coinsurance rate

34

imposed with respect to a participant or beneficiary for out-of-network emergency services cannot

 

LC005596 - Page 10 of 13

1

exceed the cost-sharing requirement imposed with respect to a participant or beneficiary if the

2

services were provided in-network; provided, however, that a participant or beneficiary may be

3

required to pay, in addition to the in-network cost sharing, the excess of the amount the out-of-

4

network provider charges over the amount the plan or health maintenance organization is required

5

to pay under subsection (d)(1). A health maintenance organization complies with the requirements

6

of this subsection (d) if it provides benefits with respect to an emergency service in an amount

7

equal to the greatest of the three amounts specified in subsections (d)(1)(i), (d)(1)(ii), and (d)(1)(iii)

8

of this section (which are adjusted for in-network cost-sharing requirements).

9

     (i) The amount negotiated with in-network providers for the emergency service furnished,

10

excluding any in-network copayment or coinsurance imposed with respect to the participant or

11

beneficiary. If there is more than one amount negotiated with in-network providers for the

12

emergency service, the amount described under this subsection (d)(1)(i) is the median of these

13

amounts, excluding any in-network copayment or coinsurance imposed with respect to the

14

participant or beneficiary. In determining the median described in the preceding sentence, the

15

amount negotiated with each in-network provider is treated as a separate amount (even if the same

16

amount is paid to more than one provider). If there is no per-service amount negotiated with in-

17

network providers (such as under a capitation or other similar payment arrangement), the amount

18

under this subsection (d)(1)(i) is disregarded.

19

     (ii) The amount for the emergency service calculated using the same method the plan

20

generally uses to determine payments for out-of-network services (such as the usual, customary,

21

and reasonable amount), excluding any in-network copayment or coinsurance imposed with respect

22

to the participant or beneficiary. The amount in this subsection (d)(1)(ii) is determined without

23

reduction for out-of-network cost sharing that generally applies under the plan or health insurance

24

coverage with respect to out-of-network services.

25

     (iii) The amount that would be paid under Medicare (part A or part B of title XVIII of the

26

Social Security Act, 42 U.S.C. § 1395 et seq.) for the emergency service, excluding any in-network

27

copayment or coinsurance imposed with respect to the participant or beneficiary.

28

     (2) Any cost-sharing requirement other than a copayment or coinsurance requirement (such

29

as a deductible or out-of-pocket maximum) may be imposed with respect to emergency services

30

provided out of network if the cost-sharing requirement generally applies to out-of-network

31

benefits. A deductible may be imposed with respect to out-of-network emergency services only as

32

part of a deductible that generally applies to out-of-network benefits. If an out-of-pocket maximum

33

generally applies to out-of-network benefits, that out-of-pocket maximum must apply to out-of-

34

network emergency services.

 

LC005596 - Page 11 of 13

1

     (e) The provisions of this section apply for plan years beginning on or after September 23,

2

2010.

3

     (f) The provisions of this section shall apply to grandfathered health plans. This section

4

shall not apply to insurance coverage providing benefits for: (1) Hospital confinement indemnity;

5

(2) Disability income; (3) Accident only; (4) Long-term care; (5) Medicare supplement; (6) Limited

6

benefit health; (7) Specified disease indemnity; (8) Sickness or bodily injury or death by accident

7

or both; and (9) Other limited benefit policies.

8

     SECTION 5. This act shall take effect upon passage.

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LC005596 - Page 12 of 13

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO INSURANCE -- ACCIDENT AND SICKNESS INSURANCE POLICIES

***

1

     This act would mandate health insurance coverage to include transportation for emergency

2

services by ambulance or rescue. It would prohibit any co-payments or deductibles from exceeding

3

the in-network covered health care services received by an enrollee. This act would further

4

authorize the provider of ambulance services to pursue payment for services from any non-enrollee

5

third party liable to the enrollee at law.

6

     This act would take effect upon passage.

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LC005596 - Page 13 of 13