Section 376.960

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS

Chapter 376

Effective - 01 Jan 2008, see footnote   

  376.960.  Definitions. — As used in sections 376.960 to 376.989, the following terms mean:

  (1)  "Benefit plan", the coverages to be offered by the pool to eligible persons pursuant to the provisions of section 376.986;

  (2)  "Board", the board of directors of the pool;

  (3)  "Church plan", a plan as defined in Section 3(33) of the Employee Retirement Income Security Act of 1974, as amended;

  (4)  "Creditable coverage", with respect to an individual:

  (a)  Coverage of the individual provided under any of the following:

  a.  A group health plan;

  b.  Health insurance coverage;

  c.  Part A or Part B of Title XVIII of the Social Security Act;

  d.  Title XIX of the Social Security Act, other than coverage consisting solely of benefits under Section 1928;

  e.  Chapter 55 of Title 10, United States Code;

  f.  A medical care program of the Indian Health Service or of a tribal organization;

  g.  A state health benefits risk pool;

  h.  A health plan offered under Chapter 89 of Title 5, United States Code;

  i.  A public health plan as defined in federal regulations; or

  j.  A health benefit plan under Section 5(e) of the Peace Corps Act, 22 U.S.C. 2504(e);

  (b)  Creditable coverage does not include coverage consisting solely of excepted benefits;

  (5)  "Department", the Missouri department of commerce and insurance;

  (6)  "Dependent", a resident spouse or resident unmarried child under the age of nineteen years, a child who is a student under the age of twenty-five years and who is financially dependent upon the parent, or a child of any age who is disabled and dependent upon the parent;

  (7)  "Director", the director of the Missouri department of commerce and insurance;

  (8)  "Excepted benefits":

  (a)  Coverage only for accident, including accidental death and dismemberment, insurance;

  (b)  Coverage only for disability income insurance;

  (c)  Coverage issued as a supplement to liability insurance;

  (d)  Liability insurance, including general liability insurance and automobile liability insurance;

  (e)  Workers' compensation or similar insurance;

  (f)  Automobile medical payment insurance;

  (g)  Credit-only insurance;

  (h)  Coverage for on-site medical clinics;

  (i)  Other similar insurance coverage, as approved by the director, under which benefits for medical care are secondary or incidental to other insurance benefits;

  (j)  If provided under a separate policy, certificate or contract of insurance, any of the following:

  a.  Limited scope dental or vision benefits;

  b.  Benefits for long-term care, nursing home care, home health care, community-based care, or any combination thereof;

  c.  Other similar, limited benefits as specified by the director;

  (k)  If provided under a separate policy, certificate or contract of insurance, any of the following:

  a.  Coverage only for a specified disease or illness;

  b.  Hospital indemnity or other fixed indemnity insurance;

  (l)  If offered as a separate policy, certificate or contract of insurance, any of the following:

  a.  Medicare supplemental coverage (as defined under Section 1882(g)(1) of the Social Security Act);

  b.  Coverage supplemental to the coverage provided under Chapter 55 of Title 10, United States Code;

  c.  Similar supplemental coverage provided to coverage under a group health plan;

  (9)  "Federally defined eligible individual", an individual:

  (a)  For whom, as of the date on which the individual seeks coverage through the pool, the aggregate of the periods of creditable coverage as defined in this section is eighteen or more months and whose most recent prior creditable coverage was under a group health plan, governmental plan, church plan, or health insurance coverage offered in connection with any such plan;

  (b)  Who is not eligible for coverage under a group health plan, Part A or Part B of Title XVIII of the Social Security Act, or state plan under Title XIX of such act or any successor program, and who does not have other health insurance coverage;

  (c)  With respect to whom the most recent coverage within the period of aggregate creditable coverage was not terminated because of nonpayment of premiums or fraud;

  (d)  Who, if offered the option of continuation coverage under COBRA continuation provision or under a similar state program, both elected and exhausted the continuation coverage;

  (10)  "Governmental plan", a plan as defined in Section 3(32) of the Employee Retirement Income Security Act of 1974 and any federal governmental plan;

  (11)  "Group health plan", an employee welfare benefit plan as defined in Section 3(1) of the Employee Retirement Income Security Act of 1974 and Public Law 104-191 to the extent that the plan provides medical care and including items and services paid for as medical care to employees or their dependents as defined under the terms of the plan directly or through insurance, reimbursement or otherwise, but not including excepted benefits;

  (12)  "Health insurance", any hospital and medical expense incurred policy, nonprofit health care service for benefits other than through an insurer, nonprofit health care service plan contract, health maintenance organization subscriber contract, preferred provider arrangement or contract, or any other similar contract or agreement for the provisions of health care benefits.  The term "health insurance" does not include accident, fixed indemnity, limited benefit or credit insurance, coverage issued as a supplement to liability insurance, insurance arising out of a workers' compensation or similar law, automobile medical-payment insurance, or insurance under which benefits are payable with or without regard to fault and which is statutorily required to be contained in any liability insurance policy or equivalent self-insurance;

  (13)  "Health maintenance organization", any person which undertakes to provide or arrange for basic and supplemental health care services to enrollees on a prepaid basis, or which meets the requirements of section 1301 of the United States Public Health Service Act;

  (14)  "Hospital", a place devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care for not less than twenty-four hours in any week of three or more nonrelated individuals suffering from illness, disease, injury, deformity or other abnormal physical condition; or a place devoted primarily to provide medical or nursing care for three or more nonrelated individuals for not less than twenty-four hours in any week.  The term "hospital" does not include convalescent, nursing, shelter or boarding homes, as defined in chapter 198;

  (15)  "Insurance arrangement", any plan, program, contract or other arrangement under which one or more employers, unions or other organizations provide to their employees or members, either directly or indirectly through a trust or third party administration, health care services or benefits other than through an insurer;

  (16)  "Insured", any individual resident of this state who is eligible to receive benefits from any insurer or insurance arrangement, as defined in this section;

  (17)  "Insurer", any insurance company authorized to transact health insurance business in this state, any nonprofit health care service plan act, or any health maintenance organization;

  (18)  "Medical care", amounts paid for:

  (a)  The diagnosis, care, mitigation, treatment, or prevention of disease, or amounts paid for the purpose of affecting any structure or function of the body;

  (b)  Transportation primarily for and essential to medical care referred to in paragraph (a) of this subdivision; and

  (c)  Insurance covering medical care referred to in paragraphs (a) and (b) of this subdivision;

  (19)  "Medicare", coverage under both part A and part B of Title XVIII of the Social Security Act, 42 U.S.C. 1395 et seq., as amended;

  (20)  "Member", all insurers and insurance arrangements participating in the pool;

  (21)  "Physician", physicians and surgeons licensed under chapter 334 or by state board of healing arts in the state of Missouri;

  (22)  "Plan of operation", the plan of operation of the pool, including articles, bylaws and operating rules, adopted by the board pursuant to the provisions of sections 376.961, 376.962 and 376.964;

  (23)  "Pool", the state health insurance pool created in sections 376.961, 376.962 and 376.964;

  (24)  "Resident", an individual who has been legally domiciled in this state for a period of at least thirty days, except that for a federally defined eligible individual, there shall not be a thirty-day requirement;

  (25)  "Significant break in coverage", a period of sixty-three consecutive days during all of which the individual does not have any creditable coverage, except that neither a waiting period nor an affiliation period is taken into account in determining a significant break in coverage;

  (26)  "Trade act eligible individual", an individual who is eligible for the federal health coverage tax credit under the Trade Act of 2002, Public Law 107-210.

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(L. 1990 H.B. 998 § 1, A.L. 2007 H.B. 818)

Effective 1-01-08