Bill Text: MS HB215 | 2012 | Regular Session | Introduced


Bill Title: Preexisting condition; prohibit abuse-related medical condition from being.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2012-03-06 - Died In Committee [HB215 Detail]

Download: Mississippi-2012-HB215-Introduced.html

MISSISSIPPI LEGISLATURE

2012 Regular Session

To: Insurance; Judiciary A

By: Representatives Scott, Clark

House Bill 215

AN ACT TO AMEND SECTION 83-9-49, MISSISSIPPI CODE OF 1972, TO PROHIBIT ABUSE-RELATED MEDICAL CONDITIONS FROM BEING DEEMED A PREEXISTING CONDITION; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 83-9-49, Mississippi Code of 1972, is amended as follows:

     83-9-49.  (1)  Any group hospital, health or medical expense insurance policy, hospital or medical service contract, health and accident insurance policy or any other insurance contract of this type which is delivered or issued for delivery in this state on or after January 1, 1994, shall not deny, exclude or limit benefits for a covered individual for losses due to a preexisting condition incurred more than twelve (12) months following the effective date of the individual's coverage.  Any group policy, contract or plan subject to this section shall not contain a definition of a preexisting condition more restrictive than the following:

          (a)  A condition that would have caused an ordinary prudent person to seek medical advice, diagnosis, care or treatment during the six (6) months immediately preceding the effective date of coverage;

          (b)  A condition for which medical advice, diagnosis, care or treatment was recommended or received during the six (6) months immediately preceding the effective date of coverage.

     (2)  Any individual hospital, health or medical expense insurance policy, hospital or medical service contract, health and accident insurance policy or any other insurance contract of this type which is delivered or issued for delivery in this state on or after January 1, 1994, shall not deny, exclude or limit benefits for a covered individual for losses due to a preexisting condition incurred more than twelve (12) months following the effective date of the individual's coverage.  Any individual policy, contract or plan subject to this section shall not contain a definition of a preexisting condition more restrictive than the following:

          (a)  A condition that would have caused an ordinary prudent person to seek medical advice, diagnosis, care or treatment during the twelve (12) months immediately preceding the effective date of coverage;

          (b)  A condition for which medical advice, diagnosis, care or treatment was recommended or received during the twelve (12) months immediately preceding the effective date of coverage;

          (c)  A pregnancy existing on the effective date of coverage.

     (3)  For the purposes of subsections (1) and (2) of this section, "abuse-related medical condition," as defined under Section 83-71-5(b), shall not be a preexisting condition under any such policy or contract that is delivered or issued for delivery in this state on or after July 1, 2012.

     (4)  This section shall not apply to hospital daily indemnity plans, specified disease only policies, or other limited, supplemental benefit insurance policies.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2012.


feedback