Health insurance definitions.

WORKING DRAFT

ORIGINAL SENATE
FILE

NO.
0037

ENROLLED ACT NO. 69, SENATE

SIXTY-FIRST LEGISLATURE OF THE STATE OF
WYOMING
2011 GENERAL SESSION

AN ACT relating to
insurance; amending the definition of "private health benefit plan"; providing exceptions to the definition of "disability insurance"; providing for applicability;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.
W.S. 26
‑
1
‑
102(a)(xxxiii) and 26
‑
5
‑
103 by creating a new subsection (b)
are
amended to read:

26
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1
‑
102.

Definitions.

(a)

As used in this act:

(xxxiii)

"Private health benefit plan" means any hospital or medical policy or certificate, major medical expense insurance, hospital or medical service plan contract or health maintenance organization subscriber contract. "Private health benefit plan" does not include accident only, credit, dental, vision,
Medicare
supplement, long
-
term care or disability income insurance,
policies or certificates providing coverage for a specified disease or hospital confinement indemnity or limited benefit health insurance,
coverage issued as a supplement to liability insurance, worker's compensation or similar insurance, automobile medical payment insurance or any hospital or medical policy, major medical expense insurance, hospital or medical service plan or contract which by contract or product design is intended to provide coverage for six (6) months or less
. Notwithstanding other provisions of this section, the Medicaid program shall continue to obtain reimbursement recovery from all types of insurance included in this section prior to July 2, 2011
;

26
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5
‑
103.

"Disability insurance" defined.

(b)

For any statute with an effective date on or after July 2, 2011, and u
nless
expressly and
specifically provided by
statute, the term "disability insurance" does not include any of the following
excepted benefits
:

(i)

Accident only insurance;

(ii)

Accidental death or dismemberment insurance;

(iii)

Credit insurance;

(iv)

Dental or vision care insurance;

(v)

Medicare supplemental insurance as defined by
section 1882(g)(i) of the federal Social Security Act
;

(vi)

Long
-
term care insurance, including nursing home fixed indemnity insurance, except if the commissioner determines that the insurance provides benefits so comprehensive that it is the equivalent of a health benefit plan and should not be exempt under this section;

(vii)

Disability income or a combination of accident only and disability income insurance;

(viii)

Insurance issued as a supplement to liability insurance;

(ix)

Specified disease insurance;

(x)

Workers' compensation insurance;

(xi)

Medical payment insurance coverage provided under a motor vehicle insurance policy;

(xii)

Hospital confinement indemnity insurance;

(xiii)

Limited benefit insurance that is offered and marketed as supplemental health insurance and not as a substitute for hospital or medical insurance or major medical expense insurance.

Section 2.

The provisions of this act shall
only
apply
prospectively
to any individual or group disability insurance policy
issued,
delivered, issued for delivery or renewed in this state on or after July 1, 2011.

Statutory provisions concerning the excepted benefits enumerated in W.S. 26
‑
5
‑
103(b) as amended in section 1 of this act which were enacted prior to July 2, 2011 shall remain applicable
.

Section 3.

The
Wyoming
insurance department shall review the
Wyoming
insurance code regarding the statutory use of the definitions of "health insurance
,
" "disability insurance" and other related insurance product terms. The
Wyoming
insurance department shall report the results of the review to the
joint corporations, elections and political subdivisions interim committee
and the joint labor, health and social services interim committee not later than April 1, 2012.

Section
4
.

This act is effective July 1, 2011.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

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