Bill Text: MS HB1328 | 2020 | Regular Session | Introduced
Bill Title: Comprehensive major medical health insurance policy; require certain insurers to make available to certain insureds.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2020-03-03 - Died In Committee [HB1328 Detail]
Download: Mississippi-2020-HB1328-Introduced.html
MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Insurance; Public Health and Human Services
By: Representative Steverson
House Bill 1328
AN ACT TO REQUIRE CERTAIN INSURERS TO MAKE AT LEAST ONE COMPREHENSIVE MAJOR MEDICAL HEALTH INSURANCE POLICY AVAILABLE TO CERTAIN INDIVIDUALS WITHIN A SPECIFIED TIMEFRAME; TO PROHIBIT SUCH INSURERS FROM EXCLUDING, LIMITING, DENYING OR DELAYING COVERAGE UNDER SUCH POLICY DUE TO PREEXISTING MEDICAL CONDITIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) Notwithstanding any other provision of law to the contrary, not later than thirty (30) days after the operative date, every insurer issuing, delivering, or issuing for delivery a health coverage plan in the State of Mississippi shall make at least one (1) comprehensive major medical health insurance policy available to all residents in this state, and such policy may not exclude, limit, deny, or delay coverage under such plan due to one or more preexisting medical conditions.
(2) An insurer may not limit or exclude benefits under the policy required in subsection (1) of this section, including a denial of coverage applicable to an individual, as a result of information relating to an individual's health status before the individual's effective date of coverage, or if coverage is denied, the date of the denial.
(3) The policy required in subsection (1) of this section must have been actively marketed in this state by the insurer as of the operative date and during the year immediately preceding the operative date.
(4) As used in this act, a "health coverage plan" shall have the same meaning set forth in Section 83-9-22(1)(d).
(5) As used in this act, "operative date" means the date on which either of the following occurs:
(a) A federal law is enacted which expressly repeals the Patient Protection and Affordable Care Act; or
(b) The Patient Protection and Affordable Care Act is invalidated by the United States Supreme Court.
(6) As used in this act, "preexisting medical condition" means a condition that was present before the effective date of coverage under a policy whether or not any medical advice, diagnosis, care, or treatment was recommended or received before the effective date of coverage.
(7) This section shall not apply to an insurer that issues only limited benefit, disability income, specified disease, or Medicare supplement policies in this state.
SECTION 2. On the operative date, as defined in Section 1(5) of this act, the Attorney General of the State of Mississippi shall give written notification of the enacted law or court ruling to the Commissioner of Insurance of the State of Mississippi, and the Mississippi State Department of Health.
SECTION 3. This act shall take effect and be in force from and after July 1, 2020.
