Bill Text: MI HB4620 | 2023-2024 | 102nd Legislature | Chaptered
Bill Title: Insurance: health insurers; denying coverage for preexisting conditions; prohibit, and prohibit canceling coverage based on health of insured. Amends 1956 PA 218 (MCL 500.100 - 500.8302) by adding sec. 3406ii.
Spectrum: Partisan Bill (Democrat 35-1)
Status: (Passed) 2023-10-19 - Assigned Pa 157'23 [HB4620 Detail]
Download: Michigan-2023-HB4620-Chaptered.html
Act No. 157
Public Acts of 2023
Approved by the Governor
October 19, 2023
Filed with the Secretary of State
October 19, 2023
EFFECTIVE DATE: Sine Die
(91st day after final adjournment of the 2023 Regular Session
state of michigan
102nd Legislature
Regular session of 2023
Introduced by Reps. Edwards, Paiz, McKinney, Dievendorf, Fitzgerald, Miller, Brabec, Neeley, O’Neal, Byrnes, Young, Rheingans, Arbit, Rogers, Conlin, Grant, Price, Wilson, Steckloff, Koleszar, Morgan, Martus, Skaggs, Brixie, Farhat, Brenda Carter, Tyrone Carter, Hood, Haadsma, Hill, McFall, Morse, Phil Green, Puri, Breen and Aiyash
ENROLLED HOUSE BILL No. 4620
AN ACT to
amend 1956 PA 218, entitled "An act to revise, consolidate, and classify
the laws relating to the insurance and surety business; to regulate the
incorporation or formation of domestic insurance and surety companies and
associations and the admission of foreign and alien companies and associations;
to provide their rights, powers, and immunities and to prescribe the conditions
on which companies and associations organized, existing, or authorized under
this act may exercise their powers; to provide the rights, powers, and
immunities and to prescribe the conditions on which other persons, firms,
corporations, associations, risk retention groups, and purchasing groups
engaged in an insurance or surety business may exercise their powers; to
provide for the imposition of a privilege fee on domestic insurance companies
and associations and the state accident fund; to provide for the imposition of
a tax on the business of foreign and alien companies and associations; to
provide for the imposition of a tax on risk retention groups and purchasing
groups; to provide for the imposition of a tax on the business of surplus line
agents; to provide for the imposition of regulatory fees on certain insurers;
to provide for assessment fees on certain health maintenance organizations; to
modify tort liability arising out of certain accidents; to provide for limited
actions with respect to that modified tort liability and to prescribe certain
procedures for maintaining those actions; to require security for losses
arising out of certain accidents; to provide for the continued availability and
affordability of automobile insurance and homeowners insurance in this state
and to facilitate the purchase of that insurance by all residents of this state
at fair and reasonable rates; to provide for certain reporting with respect to
insurance and with respect to certain claims against uninsured or self-insured
persons; to prescribe duties for certain state departments and officers with
respect to that reporting; to provide for certain assessments; to establish and
continue certain state insurance funds; to modify and clarify the status,
rights, powers, duties, and operations of the nonprofit malpractice insurance
fund; to provide for the departmental supervision and regulation of the
insurance and surety business within this state; to provide for regulation over
worker's compensation self-insurers; to provide for the conservation,
rehabilitation, or liquidation of unsound or insolvent insurers; to provide for
the protection of policyholders, claimants, and creditors of unsound or
insolvent insurers; to provide for associations of insurers to protect
policyholders and claimants in the event of insurer insolvencies; to prescribe
educational requirements for insurance agents and solicitors; to provide for
the regulation of multiple employer welfare arrangements; to create an
automobile theft prevention authority to reduce the number of automobile thefts
in this state; to prescribe the powers and duties of the automobile theft
prevention authority; to provide certain powers and duties upon certain
officials, departments, and authorities of this state; to provide for an
appropriation; to repeal acts and parts of acts; and to provide penalties for
the violation of this act," (MCL 500.100 to 500.8302) by adding section
3406ii.
The People of the State of Michigan enact:
Sec. 3406ii. (1) An insurer that delivers, issues for delivery, or renews in this state a health insurance policy shall not limit or exclude coverage for an individual by imposing a preexisting condition exclusion on the individual.
(2) This section does not apply to any of the following:
(a) Grandfathered health plan coverage, as that term is defined in 45 CFR 147.140.
(b) Insurance coverage that provides benefits for any of the following:
(i) Hospital confinement indemnity.
(ii) Disability income.
(iii) Accident only.
(iv) Long-term care.
(v) Medicare supplemental.
(vi) Limited benefit health.
(vii) Specified disease indemnity.
(viii) Sickness or bodily injury, or death by accident, or both.
(ix) Retiree-only health insurance coverage.
(x) Stand-alone dental plans.
(xi) Stand-alone vision plans.
(xii) Other limited benefit policies.
(3) As used in this section, "preexisting condition exclusion" means a limitation or exclusion of benefits or a denial of coverage based on the fact that a physical or mental condition was present before the effective date of coverage or before the date coverage is denied, whether or not any medical advice, diagnosis, care, or treatment was recommended or received for the condition before the date of coverage or denial of coverage.
Clerk of the House of Representatives
Secretary of the Senate
Approved___________________________________________
____________________________________________________
Governor
