2024 -- S 2715 | |
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LC005596 | |
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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 |