Title 33, Chapter 24, Section 57
( 33-24-57)
(a) As used in this Code section, the term: (1) "Insurer" means an accident and sickness insurer, fraternal
benefit society, nonprofit hospital service corporation, nonprofit
medical service corporation, health care corporation, health
maintenance organization, or any similar entity and any
self-insured health care plan not subject to the exclusive
jurisdiction of the Employee Retirement Income Security Act of
1974, 29 U.S.C. Sec. 1001, et seq. (2) "Policy" means any health care plan, subscriber contract, or
accident and sickness plan, contract, or policy by whatever name
called other than a disability income policy, a long-term care
insurance policy, a medicare supplement policy, a health insurance
policy written as a part of workers' compensation equivalent
coverage, a specified disease policy, a credit insurance policy, a
hospital indemnity policy, a limited accident policy, or other
type of limited accident and sickness policy. (b) Notwithstanding any provisions of this title which might be
construed to the contrary, on and after April 1, 1996, all
individual basic hospital or medical expense, major medical, or
comprehensive medical expense insurance policies issued, delivered,
issued for delivery, or renewed in this state shall provide that
once an individual has been accepted for coverage, his or her
coverage cannot be terminated by the insurer due solely to his or
her individual claims experience. (c) The Commissioner shall promulgate appropriate procedures and
guidelines by rules and regulations to implement the provisions of
this Code section on or before November 1, 1995, after notification
and review of such regulation by the appropriate standing committees
of the House of Representatives and Senate in accordance with the
requirements of applicable law. Nothing in this Code section shall
be construed to prohibit the Commissioner and any insurers with a
desire to do so from mutually agreeing on procedures, rules,
regulations, and guidelines and from implementing the provisions of
this Code section on a voluntary basis before April 1, 1996. (d) Beginning April 1, 1999, the Commissioner shall conduct a review
of the costs associated with the coverage required by this Code
section and shall provide the members of the General Assembly with
such information no later than December 31, 1999. |