Chapter 182

2006 -- S 2943 SUBSTITUTE A

Enacted 06/29/06

 

A N A C T

RELATING TO INSURANCE - NONPROFIT HOSPITAL SERVICE CORPORATIONS

     

     

     Introduced By: Senator Daniel P. Connors

     Date Introduced: March 15, 2006

 

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Sections 27-19-2.1 and 27-19-5 of the General Laws in Chapter 27-19

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

 

     27-19-2.1. Investments and holdings in certain corporations authorized. -- (a) Each

nonprofit hospital service corporation shall have, in addition to all other powers granted under

this chapter and the laws of this state, the power to invest in or cause to be organized and

established one or more corporations, all or any portion of the issued and outstanding capital

stock of which shall be subscribed for or held by the nonprofit hospital service corporation.

      (b) As used in this section, "corporation" means any organization incorporated under the

provisions of the law of this or another state for one or more of the following purposes:

      (1) To establish, maintain, and operate hospital service and health insurance plans;

      (2) To develop, establish, purchase, maintain, perform, sell, and lease in connection with

carrying out its corporate purpose: (i) data processing and computer software programs, systems,

and techniques; (ii) data processing, bookkeeping, statistical, or software services; or (iii) other

administrative and related services; or

      (3) To exercise the powers set forth in section 27-19-5 or to carry out and fulfill any of

the purposes of a hospital service corporation incorporated under this chapter.

      (c) Any limitation on investments or holdings contained in section 27-19-11 or section

27-19-5.3 or any other law shall not apply with respect to investments or holdings under this

section; provided, that the value of any investment shall not exceed twenty percent (20%) of the

assets of the hospital service corporation.

 

     27-19-5. Contracts with subscribers, hospitals, and other eligible entities. -- (a) Each

nonprofit hospital service corporation may contract with its subscribers and with any eligible

hospital for hospital service to be rendered by the contracting hospital to the subscribers and as to

the nature and extent of those services. Each corporation may also contract with any of the

following: (1) any hospital or medical service corporation incorporated in this or another state for

the joint administration of their business and may enter into reciprocal arrangements with those

corporations for the mutual benefit of the subscribers of each; (2) corporations paying or

organized for payment of medical, dental, optometric, or legal benefits, for the administration of

their business including, without limiting the generality of the foregoing, corporations organized

under chapters 20, 20.1, 20.2, and 20.3 of this title; (3) the federal government, the state, county,

city, town, or other quasi-municipal corporations or their agencies; and (4) employers,

associations, and other third-parties for the administration and underwriting of stop loss or

catastrophe insurance, for fully and partially self-insured health benefit plans sponsored by such

employers, associations and third parties.

      (b) Services for which coverage or benefits may be provided to subscribers by any of the

corporations referred to in subsection (a)(2) of this section may also be provided for or

underwritten by each nonprofit hospital service corporation.

      (c) No contract between a nonprofit hospital service corporation and a dentist for the

provisions of services to patients may require that the dentist indemnify or hold harmless the

nonprofit hospital service corporation for any expenses and liabilities, including without

limitation, judgments, settlements, attorneys' fees, court costs, and any associated charges,

incurred in connection with any claim or action brought against the nonprofit hospital service

corporation based on the nonprofit hospital service corporation's management decision, or

utilization review provisions for any patient.

      (d) The rates proposed to be charged by any corporation organized under this chapter for

stop-loss or catastrophe insurance shall be filed by the corporation at the office of the health

insurance commissioner. The health insurance commissioner shall review such rates to determine

if they are actuarially sound and may hold a public hearing on such rates upon not less than ten

(10) days written notice prior to the hearing. The health insurance commissioner, upon the

hearing, may administer oaths, examine and cross-examine witnesses, receive oral and

documentary evidence, and shall have the power to subpoena witnesses, compel their attendance,

and require the production of books, papers, records, correspondence, or other documents which

he or she deems relevant. The director shall issue a decision as soon as is reasonably possible

following the completion of the hearing. The decision may approve, disapprove, or modify the

rates proposed to be charged by the applicant.

 

     SECTION 2. Chapter 27-19 of the General Laws entitled "Nonprofit Hospital Service

Corporations" is hereby amended by adding thereto the following section:

 

     27-19-5.3. Additional powers. -- Notwithstanding any other law or section of this

chapter which may be inconsistent with this section, each nonprofit hospital service corporation

may, through a subsidiary, develop, underwrite and/or offer for sale life insurance, disability

insurance, long-term care insurance, employee assistance programs and/or other health related

programs; provided, however, prior to underwriting risk under policies of insurance listed above,

the nonprofit hospital service corporation must first demonstrate that underwriting such risk is

consistent with the statutory mission of the nonprofit hospital service corporation and obtain prior

written approval from the health insurance commissioner. Each nonprofit hospital service

corporation may also directly, or by contracting with another entity, develop and/or offer for sale

the policies or programs described in this section. However, the nonprofit hospital service

corporation shall not directly underwrite any risk under a policy of insurance described in this

section.

 

     SECTION 3. This act shall take effect upon passage.

     

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LC02773/SUB A

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