2020 -- H 7830 | |
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LC005128 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
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A N A C T | |
RELATING TO INSURANCE -- LIFETIME LIMITS | |
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Introduced By: Representatives Kislak, Shekarchi, McNamara, Cassar, and Blazejewski | |
Date Introduced: February 26, 2020 | |
Referred To: House Health, Education & Welfare | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 27-18-73 of the General Laws in Chapter 27-18 entitled "Accident |
2 | and Sickness Insurance Policies" is hereby amended to read as follows: |
3 | 27-18-73. Prohibition on annual and lifetime limits. |
4 | (a) Annual limits. |
5 | (1) For plan or policy years beginning prior to January 1, 2014, for any individual, a health |
6 | insurance carrier and a health benefit plan subject to the jurisdiction of the commissioner under this |
7 | chapter may establish an annual limit on the dollar amount of benefits that are essential health |
8 | benefits provided the restricted annual limit is not less than the following: |
9 | (A) For a plan or policy year beginning after September 22, 2011, but before September |
10 | 23, 2012 -- one million two hundred fifty thousand dollars ($1,250,000); and |
11 | (B) For a plan or policy year beginning after September 22, 2012, but before January 1, |
12 | 2014 -- two million dollars ($2,000,000). |
13 | (2) For plan or policy years beginning on or after January 1, 2014, a health insurance carrier |
14 | and a health benefit plan shall not establish any annual limit on the dollar amount of essential health |
15 | benefits for any individual, except: |
16 | (A) A health flexible spending arrangement, as defined in Section 106(c)(2)(i) of the |
17 | Federal Internal Revenue Code, a medical savings account, as defined in section 220 of the federal |
18 | Internal Revenue Code, and a health savings account, as defined in Section 223 of the federal |
19 | Internal Revenue Code are not subject to the requirements of subdivisions (1) and (2) of this |
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1 | subsection. |
2 | (B) The provisions of this subsection shall not prevent a health insurance carrier and a |
3 | health benefit plan from placing annual dollar limits for any individual on specific covered benefits |
4 | that are not essential health benefits to the extent that such limits are otherwise permitted under |
5 | applicable federal law or the laws and regulations of this state. |
6 | (3) In determining whether an individual has received benefits that meet or exceed the |
7 | allowable limits, as provided in subdivision (1) of this subsection, a health insurance carrier and a |
8 | health benefit plan shall take into account only essential health benefits. |
9 | (b) Lifetime limits. |
10 | (1) A health insurance carrier and health benefit plan offering group or individual health |
11 | insurance coverage shall not establish a lifetime limit on the dollar value of essential health benefits |
12 | for any individual. |
13 | (2) Notwithstanding subdivision (1) above, a health insurance carrier and health benefit |
14 | plan is not prohibited from placing lifetime dollar limits for any individual on specific covered |
15 | benefits that are not essential health benefits, in accordance with federal laws and regulations. |
16 | (c)(1) The provisions of this section relating to lifetime limits apply to any health insurance |
17 | carrier providing coverage under an individual or group health plan, including grandfathered health |
18 | plans. |
19 | (2) The provisions of this section relating to annual limits apply to any health insurance |
20 | carrier providing coverage under a group health plan, including grandfathered health plans, but the |
21 | prohibition and limits on annual limits do not apply to grandfathered health plans providing |
22 | individual health insurance coverage. |
23 | (d) This section shall not apply to a plan or to policy years prior to January 1, 2014 for |
24 | which the Secretary of the U.S. Department of Health and Human Services issued a waiver pursuant |
25 | to 45 C.F.R. § 147.126(d)(3). This section also shall not apply to insurance coverage providing |
26 | benefits for: (1) hospital confinement indemnity; (2) disability income; (3) accident only; (4) long |
27 | term care; (5) Medicare supplement; (6) limited benefit health; (7) specified disease indemnity; (8) |
28 | sickness or bodily injury or death by accident or both; and (9) other limited benefit policies. |
29 | (e) If the commissioner of the office of the health insurance commissioner determines that |
30 | the corresponding provision of the federal Patient Protection and Affordable Care Act has been |
31 | declared invalid by a final judgment of the federal judicial branch or has been repealed by an act |
32 | of Congress, on the date of the commissioner's determination this section shall have its |
33 | effectiveness suspended indefinitely, and the commissioner shall take no action to enforce this |
34 | section. Nothing in this subsection shall be construed to limit the authority of the Commissioner to |
| LC005128 - Page 2 of 8 |
1 | regulate health insurance under existing state law. |
2 | SECTION 2. Section 27-19-63 of the General Laws in Chapter 27-19 entitled "Nonprofit |
3 | Hospital Service Corporations" is hereby amended to read as follows: |
4 | 27-19-63. Prohibition on annual and lifetime limits. |
5 | (a) Annual limits. |
6 | (1) For plan or policy years beginning prior to January 1, 2014, for any individual, a health |
7 | insurance carrier and health benefit plan subject to the jurisdiction of the commissioner under this |
8 | chapter may establish an annual limit on the dollar amount of benefits that are essential health |
9 | benefits provided the restricted annual limit is not less than the following: |
10 | (A) For a plan or policy year beginning after September 22, 2011, but before September |
11 | 23, 2012 -- one million two hundred fifty thousand dollars ($1,250,000); and |
12 | (B) For a plan or policy year beginning after September 22, 2012, but before January 1, |
13 | 2014 -- two million dollars ($2,000,000). |
14 | (2) For plan or policy years beginning on or after January 1, 2014, a health insurance carrier |
15 | and health benefit plan shall not establish any annual limit on the dollar amount of essential health |
16 | benefits for any individual, except: |
17 | (A) A health flexible spending arrangement, as defined in Section 106(c)(2) of the federal |
18 | Internal Revenue Code, a medical savings account, as defined in Section 220 of the federal Internal |
19 | Revenue Code, and a health savings account, as defined in Section 223 of the federal Internal |
20 | Revenue Code, are not subject to the requirements of subdivisions (1) and (2) of this subsection. |
21 | (B) The provisions of this subsection shall not prevent a health insurance carrier and health |
22 | benefit plan from placing annual dollar limits for any individual on specific covered benefits that |
23 | are not essential health benefits to the extent that such limits are otherwise permitted under |
24 | applicable federal law or the laws and regulations of this state. |
25 | (3) In determining whether an individual has received benefits that meet or exceed the |
26 | allowable limits, as provided in subdivision (1) of this subsection, a health insurance carrier and |
27 | health benefit plan shall take into account only essential health benefits. |
28 | (b) Lifetime limits. |
29 | (1) A health insurance carrier and health benefit plan offering group or individual health |
30 | insurance coverage shall not establish a lifetime limit on the dollar value of essential health benefits |
31 | for any individual. |
32 | (2) Notwithstanding subdivision (1) above, a health insurance carrier and health benefit |
33 | plan is not prohibited from placing lifetime dollar limits for any individual on specific covered |
34 | benefits that are not essential health benefits in accordance with federal laws and regulations. |
| LC005128 - Page 3 of 8 |
1 | (c)(1) The provisions of this section relating to lifetime limits apply to any health insurance |
2 | carrier providing coverage under an individual or group health plan, including grandfathered health |
3 | plans. |
4 | (2) The provisions of this section relating to annual limits apply to any health insurance |
5 | carrier providing coverage under a group health plan, including grandfathered health plans, but the |
6 | prohibition and limits on annual limits do not apply to grandfathered health plans providing |
7 | individual health insurance coverage. |
8 | (d) This section shall not apply to a plan or to policy years prior to January 1, 2014 for |
9 | which the Secretary of the U.S. Department of Health and Human Services issued a waiver pursuant |
10 | to 45 C.F.R. § 147.126(d)(3). This section also shall not apply to insurance coverage providing |
11 | benefits for: (1) Hospital confinement indemnity; (2) Disability income; (3) Accident only; (4) |
12 | Long-term care; (5) Medicare supplement; (6) Limited benefit health; (7) Specified disease |
13 | indemnity; (8) Sickness or bodily injury or death by accident or both; and (9) Other limited benefit |
14 | policies. |
15 | (e) If the commissioner of the office of the health insurance commissioner determines that |
16 | the corresponding provision of the federal Patient Protection and Affordable Care Act has been |
17 | declared invalid by a final judgment of the federal judicial branch or has been repealed by an act |
18 | of Congress, on the date of the commissioner's determination this section shall have its |
19 | effectiveness suspended indefinitely, and the commissioner shall take no action to enforce this |
20 | section. Nothing in this subsection shall be construed to limit the authority of the Commissioner to |
21 | regulate health insurance under existing state law. |
22 | SECTION 3. Section 27-20-59 of the General Laws in Chapter 27-20 entitled "Nonprofit |
23 | Medical Service Corporations" is hereby amended to read as follows: |
24 | 27-20-59. Annual and lifetime limits. |
25 | (a) Annual limits. |
26 | (1) For plan or policy years beginning prior to January 1, 2014, for any individual, a health |
27 | insurance carrier and health benefit plan subject to the jurisdiction of the commissioner under this |
28 | chapter may establish an annual limit on the dollar amount of benefits that are essential health |
29 | benefits provided the restricted annual limit is not less than the following: |
30 | (A) For a plan or policy year beginning after September 22, 2011, but before September |
31 | 23, 2012 -- one million two hundred fifty thousand dollars ($1,250,000); and |
32 | (B) For a plan or policy year beginning after September 22, 2012, but before January 1, |
33 | 2014 -- two million dollars ($2,000,000). |
34 | (2) For plan or policy years beginning on or after January 1, 2014, a health insurance carrier |
| LC005128 - Page 4 of 8 |
1 | and health benefit plan shall not establish any annual limit on the dollar amount of essential health |
2 | benefits for any individual, except: |
3 | (A) A health flexible spending arrangement, as defined in section 106(c)(2)(i) of the federal |
4 | Internal Revenue Code, a medical savings account, as defined in section 220 of the federal Internal |
5 | Revenue Code, and a health savings account, as defined in section 223 of the federal Internal |
6 | Revenue Code are not subject to the requirements of subdivisions (1) and (2) of this subsection. |
7 | (B) The provisions of this subsection shall not prevent a health insurance carrier from |
8 | placing annual dollar limits for any individual on specific covered benefits that are not essential |
9 | health benefits to the extent that such limits are otherwise permitted under applicable federal law |
10 | or the laws and regulations of this state. |
11 | (3) In determining whether an individual has received benefits that meet or exceed the |
12 | allowable limits, as provided in subdivision (1) of this subsection, a health insurance carrier shall |
13 | take into account only essential health benefits. |
14 | (b) Lifetime limits. |
15 | (1) A health insurance carrier and health benefit plan offering group or individual health |
16 | insurance coverage shall not establish a lifetime limit on the dollar value of essential health benefits |
17 | for any individual. |
18 | (2) Notwithstanding subdivision (1) above, a health insurance carrier and health benefit |
19 | plan is not prohibited from placing lifetime dollar limits for any individual on specific covered |
20 | benefits that are not essential health benefits, as designated pursuant to a state determination and in |
21 | accordance with federal laws and regulations. |
22 | (c)(1) Except as provided in subdivision (2) of this subsection, this section applies to any |
23 | health insurance carrier providing coverage under an individual or group health plan. |
24 | (2)(A) The prohibition on lifetime limits applies to grandfathered health plans. |
25 | (B) The prohibition and limits on annual limits apply to grandfathered health plans |
26 | providing group health insurance coverage, but the prohibition and limits on annual limits do not |
27 | apply to grandfathered health plans providing individual health insurance coverage. |
28 | (d) This section shall not apply to a plan or to policy years prior to January 1, 2014 for |
29 | which the Secretary of the U.S. Department of Health and Human Services issued a waiver pursuant |
30 | to 45 C.F.R. § 147.126(d)(3). This section also shall not apply to insurance coverage providing |
31 | benefits for: (1) Hospital confinement indemnity; (2) Disability income; (3) Accident only; (4) |
32 | Long-term care; (5) Medicare supplement; (6) Limited benefit health; (7) Specified disease |
33 | indemnity; (8) Sickness or bodily injury or death by accident or both; and (9) Other limited benefit |
34 | policies. |
| LC005128 - Page 5 of 8 |
1 | (e) If the commissioner of the office of the health insurance commissioner determines that |
2 | the corresponding provision of the federal Patient Protection and Affordable Care Act has been |
3 | declared invalid by a final judgment of the federal judicial branch or has been repealed by an act |
4 | of Congress, on the date of the commissioner's determination this section shall have its |
5 | effectiveness suspended indefinitely, and the commissioner shall take no action to enforce this |
6 | section. Nothing in this subsection shall be construed to limit the authority of the Commissioner to |
7 | regulate health insurance under existing state law. |
8 | SECTION 4. Section 27-41-76 of the General Laws in Chapter 27-41 entitled "Health |
9 | Maintenance Organizations" is hereby amended to read as follows: |
10 | 27-41-76. Prohibition on annual and lifetime limits. |
11 | (a) Annual limits. |
12 | (1) For plan or policy years beginning prior to January 1, 2014, for any individual, a health |
13 | maintenance organization subject to the jurisdiction of the commissioner under this chapter may |
14 | establish an annual limit on the dollar amount of benefits that are essential health benefits provided |
15 | the restricted annual limit is not less than the following: |
16 | (A) For a plan or policy year beginning after September 22, 2011, but before September |
17 | 23, 2012 -- one million two hundred fifty thousand dollars ($1,250,000); and |
18 | (B) For a plan or policy year beginning after September 22, 2012, but before January 1, |
19 | 2014 -- two million dollars ($2,000,000). |
20 | (2) For plan or policy years beginning on or after January 1, 2014, a health maintenance |
21 | organization shall not establish any annual limit on the dollar amount of essential health benefits |
22 | for any individual, except: |
23 | (A) A health flexible spending arrangement, as defined in section 106(c)(2)(i) of the federal |
24 | Internal Revenue Code, a medical savings account, as defined in section 220 of the federal Internal |
25 | Revenue Code, and a health savings account, as defined in section 223 of the federal Internal |
26 | Revenue Code are not subject to the requirements of subdivisions (1) and (2) of this subsection. |
27 | (B) The provisions of this subsection shall not prevent a health maintenance organization |
28 | from placing annual dollar limits for any individual on specific covered benefits that are not |
29 | essential health benefits to the extent that such limits are otherwise permitted under applicable |
30 | federal law or the laws and regulations of this state. |
31 | (3) In determining whether an individual has received benefits that meet or exceed the |
32 | allowable limits, as provided in subdivision (1) of this subsection, a health maintenance |
33 | organization shall take into account only essential health benefits. |
34 | (b) Lifetime limits. |
| LC005128 - Page 6 of 8 |
1 | (1) A health insurance carrier and health benefit plan offering group or individual health |
2 | insurance coverage shall not establish a lifetime limit on the dollar value of essential health benefits |
3 | for any individual. |
4 | (2) Notwithstanding subdivision (1) above, a health insurance carrier and health benefit |
5 | plan is not prohibited from placing lifetime dollar limits for any individual on specific covered |
6 | benefits that are not essential health benefits in accordance with federal laws and regulations. |
7 | (c)(1) The provisions of this section relating to lifetime limits apply to any health |
8 | maintenance organization or health insurance carrier providing coverage under an individual or |
9 | group health plan, including grandfathered health plans. |
10 | (2) The provisions of this section relating to annual limits apply to any health maintenance |
11 | organization or health insurance carrier providing coverage under a group health plan, including |
12 | grandfathered health plans, but the prohibition and limits on annual limits do not apply to |
13 | grandfathered health plans providing individual health insurance coverage. |
14 | (d) This section shall not apply to a plan or to policy years prior to January 1, 2014 for |
15 | which the Secretary of the U.S. Department of Health and Human Services issued a waiver pursuant |
16 | to 45 C.F.R. § 147.126(d)(3). This section also shall not apply to insurance coverage providing |
17 | benefits for: (1) Hospital confinement indemnity; (2) Disability income; (3) Accident only; (4) |
18 | Long-term care; (5) Medicare supplement; (6) Limited benefit health; (7) Specified disease |
19 | indemnity; (8) Sickness or bodily injury or death by accident or both; and (9) Other limited benefit |
20 | policies. |
21 | (e) If the commissioner of the office of the health insurance commissioner determines that |
22 | the corresponding provision of the federal Patient Protection and Affordable Care Act has been |
23 | declared invalid by a final judgment of the federal judicial branch or has been repealed by an act |
24 | of Congress, on the date of the commissioner's determination this section shall have its |
25 | effectiveness suspended indefinitely, and the commissioner shall take no action to enforce this |
26 | section. Nothing in this subsection shall be construed to limit the authority of the Commissioner to |
27 | regulate health insurance under existing state law. |
28 | SECTION 5. This act shall take effect upon passage. |
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LC005128 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO INSURANCE -- LIFETIME LIMITS | |
*** | |
1 | This act would revoke the authority of the health insurance commissioner's ability to |
2 | enforce a ruling of the federal government or federal court that revokes the prohibition on limits on |
3 | health insurance. |
4 | This act would take effect upon passage. |
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LC005128 | |
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