HOUSE BILL No. 4935

 

October 1, 2015, Introduced by Rep. Leonard and referred to the Committee on Insurance.

 

     A bill to amend 1956 PA 218, entitled

 

"The insurance code of 1956,"

 

by amending sections 106, 116, 120, 222, 402, 454, 460, 462, 606,

 

1210, 2003, 2006, 2059, 2212a, 2212b, 2213, 2213a, 2213b, 2214,

 

2236, 2237, 3400, 3402, 3403, 3404, 3405, 3406a, 3406c, 3406d,

 

3406e, 3406j, 3406k, 3406l, 3406m, 3406n, 3406o, 3406p, 3406q,

 

3406r, 3406s, 3407, 3407b, 3408, 3409, 3411, 3412, 3413, 3414,

 

3416, 3418, 3420, 3422, 3424, 3425, 3426, 3428, 3432, 3438, 3440,

 

3452, 3472, 3474, 3474a, 3475, 3476, 3501, 3503, 3505, 3507, 3508,

 

3509, 3511, 3513, 3515, 3517, 3519, 3528, 3533, 3535, 3545, 3547,

 

3548, 3551, 3553, 3555, 3557, 3559, 3561, 3563, 3569, 3571, 3573,

 

3701, 3703, 3705, 3711, 3723, 4601, 4701, 6428, 7060, and 7705 (MCL

 

500.106, 500.116, 500.120, 500.222, 500.402, 500.454, 500.460,

 

500.462, 500.606, 500.1210, 500.2003, 500.2006, 500.2059,

 

500.2212a, 500.2212b, 500.2213, 500.2213a, 500.2213b, 500.2214,

 


500.2236, 500.2237, 500.3400, 500.3402, 500.3403, 500.3404,

 

500.3405, 500.3406a, 500.3406c, 500.3406d, 500.3406e, 500.3406j,

 

500.3406k, 500.3406l, 500.3406m, 500.3406n, 500.3406o, 500.3406p,

 

500.3406q, 500.3406r, 500.3406s, 500.3407, 500.3407b, 500.3408,

 

500.3409, 500.3411, 500.3412, 500.3413, 500.3414, 500.3416,

 

500.3418, 500.3420, 500.3422, 500.3424, 500.3425, 500.3426,

 

500.3428, 500.3432, 500.3438, 500.3440, 500.3452, 500.3472,

 

500.3474, 500.3474a, 500.3475, 500.3476, 500.3501, 500.3503,

 

500.3505, 500.3507, 500.3508, 500.3509, 500.3511, 500.3513,

 

500.3515, 500.3517, 500.3519, 500.3528, 500.3533, 500.3535,

 

500.3545, 500.3547, 500.3548, 500.3551, 500.3553, 500.3555,

 

500.3557, 500.3559, 500.3561, 500.3563, 500.3569, 500.3571,

 

500.3573, 500.3701, 500.3703, 500.3705, 500.3711, 500.3723,

 

500.4601, 500.4701, 500.6428, 500.7060, and 500.7705), section 116

 

as added by 1992 PA 182, section 222 as amended by 1994 PA 443,

 

section 454 as amended by 1987 PA 168, section 1210 as added and

 

section 2059 as amended by 1986 PA 253, section 2006 as amended by

 

2004 PA 28, section 2212a as amended by 2001 PA 235, section 2212b

 

as amended by 2000 PA 486, section 2213 as amended by 2012 PA 445,

 

section 2213a as amended by 2002 PA 707, sections 2213b, 3426, and

 

3705 as amended and sections 3428, 3472, and 3474a as added by 2013

 

PA 5, section 2236 as amended by 2014 PA 140, sections 3405 and

 

3475 as amended by 2014 PA 263, section 3406a as added by 1982 PA

 

527, section 3406c as amended by 1994 PA 233, sections 3406d and

 

3406e as added by 1989 PA 59, section 3406j as added by 1998 PA

 

136, section 3406k as amended by 2004 PA 7, section 3406l as added

 

by 2004 PA 171, section 3406m as added by 1998 PA 402, section

 


3406n as added by 1999 PA 179, section 3406o as added by 1999 PA

 

177, section 3406p as added by 2000 PA 425, section 3406q as

 

amended and sections 3701, 3703, 3711, and 3723 as added by 2003 PA

 

88, section 3406r as added by 2004 PA 375, section 3406s as added

 

by 2012 PA 100, section 3407b as added by 2000 PA 27, section 3409

 

as amended by 1990 PA 170, section 3418 as amended by 1984 PA 280,

 

section 3425 as added by 1980 PA 429, section 3440 as amended by

 

1987 PA 52, section 3476 as added by 2012 PA 215, sections 3501,

 

3505, 3507, 3508, 3509, 3511, 3513, 3535, 3545, 3547, 3548, 3551,

 

3553, 3555, 3557, 3559, 3561, 3563, 3569, and 3573 as added by 2000

 

PA 252, section 3503 as amended by 2006 PA 366, sections 3515,

 

3517, 3519, 3533, and 3571 as amended by 2005 PA 306, section 3528

 

as amended by 2002 PA 621, sections 4601 and 4701 as added by 2008

 

PA 29, section 7060 as amended by 1999 PA 82, and section 7705 as

 

amended by 2006 PA 671, and by adding sections 607, 3400a, 3400b,

 

3401a, 3402a, 3402b, 3402c, 3402d, 3402e, 3402f, 3402g, 3402h,

 

3477, and 3544; and to repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 106. As used in this act:

 

     (a) "Health maintenance organization" means that term as

 

defined in section 3501.

 

     (b) "Insurer" as used in this code means any an individual,

 

corporation, association, partnership, reciprocal exchange, inter-

 

insurer, Lloyds organization, fraternal benefit society, and any or

 

other legal entity, engaged or attempting to engage in the business

 

of making insurance or surety contracts. Except as otherwise

 

provided in section 3503 and unless the context requires otherwise,

 


insurer includes a health maintenance organization.

 

     Sec. 116. As used in this act:

 

     (a) "Abuse of discretion" means not in the reasonable exercise

 

of discretion.

 

     (a) "Enrollee" means an individual who is entitled to receive

 

health services under a health insurance contract, unless the

 

context requires otherwise.

 

     (b) "Hazardous to policyholders, creditors, and the public"

 

means that an insurer, with respect to the financial condition of

 

its business, is not safe, reliable, and entitled to public

 

confidence.

 

     (c) "In the reasonable exercise of discretion" means that an

 

order, decision, determination, finding, ruling, opinion, action,

 

or inaction was based upon facts reasonably found to exist and was

 

not inconsistent with generally acceptable standards and practices

 

of those knowledgeable in the field in question.

 

     (d) "Insurance policy" or "insurance contract" means a

 

contract of insurance, indemnity, suretyship, or annuity issued or

 

proposed or intended for issuance by a person engaged in the

 

business of insurance. Unless the context requires otherwise,

 

insurance contract includes a health maintenance contract, as that

 

term is defined in section 3501.

 

     (e) "Insurance producer" means that term as defined in section

 

1201.

 

     (f) "Large employer" means an employer that is not a small

 

employer as defined in section 3701.

 

     (g) "Participating provider" means a provider that, under

 


contract with an insurer that issues policies of health insurance

 

or with such an insurer's contractor or subcontractor, has agreed

 

to provide health care services to covered individuals with an

 

expectation of receiving payment, other than coinsurance,

 

copayments, or deductibles, directly or indirectly from the

 

insurer.

 

     (h) (d) "Safe, reliable, and entitled to public confidence"

 

means that an insurer meets all of the following:

 

     (i) With respect to its financial standards and conduct and

 

discharge of its obligations to policyholders and creditors, has

 

complied and continues to comply with the specific requirements of

 

this act and, if relevant, the insurance codes or acts of its state

 

of domicile and other states in which it is authorized to conduct

 

an insurance business.

 

     (ii) Has made and continues to make reasonable financial

 

provisions and apply sound insurance principles so as to provide

 

reasonable margins of financial safety with respect to the

 

insurance and other obligations it has assumed and continues to

 

assume such that the insurer will be able to discharge those

 

obligations under any reasonable conditions and contingencies

 

taking into account without limitation reasonably anticipated

 

contingencies, including those affecting changes in the projections

 

of liabilities, fluctuations in value of assets, alterations in

 

projections as to when obligations may become due, and expected and

 

unexpected new claims with respect to obligations.

 

     (i) "Service area" means that term as defined in section 3501,

 

unless the context requires otherwise.

 


     (j) Except as used in chapters 24, 26, 72, 76, and 81,

 

"subscriber" means an individual who enters into an insurance

 

contract for health insurance, or on whose behalf an insurance

 

contract for health insurance is entered into, with an insurer.

 

     Sec. 120. No A person shall not transact an insurance, or

 

surety, or health maintenance organization business in Michigan,

 

this state, or relative to a subject resident, located , or to be

 

performed in Michigan, this state, without complying with the

 

applicable provisions of this code.act.

 

     Sec. 222. (1) The commissioner director, in person or by any

 

of his or her authorized deputies or examiners, may examine any or

 

all of the books, records, documents, and papers of any an insurer

 

at any time after its articles of incorporation have been executed

 

and filed, or after it has been authorized to do business in this

 

state. The commissioner director in his or her discretion may

 

examine the affairs of any a domestic insurer , and, if he or she

 

considers it expedient to do so, to examine the affairs of any a

 

foreign or alien insurer doing business in this state.

 

     (2) Instead of an examination under this act of any a foreign

 

or alien insurer authorized to do business in this state, the

 

commissioner director may accept an examination report on the

 

insurer as prepared by the insurance regulator for the insurer's

 

state of domicile or port-of-entry state if that state accepts

 

examination reports prepared by the commissioner. director. This

 

subsection applies only as follows:

 

     (a) Until this state becomes accredited by the national

 

association of insurance commissioners' National Association of

 


Insurance Commissioners' financial regulation standards and

 

accreditation program.

 

     (b) If this state loses accreditation by the national

 

association of insurance commissioners' National Association of

 

Insurance Commissioners' financial regulation standards and

 

accreditation program.

 

     (3) Instead of an examination under this act of any a foreign

 

or alien insurer authorized to do business in this state, the

 

commissioner director may accept an examination report on the

 

insurer as prepared by the insurance regulator for the insurer's

 

state of domicile or port-of-entry state if that state accepts

 

examination reports prepared by the commissioner director and if

 

the insurance regulatory agency of the state of domicile or port-

 

of-entry state was accredited by the national association of

 

insurance commissioners' National Association of Insurance

 

Commissioners' financial regulation standards and accreditation

 

program at the time of the examination or if the examination is

 

performed under the supervision of an accredited insurance

 

regulatory agency or with the participation of 1 or more examiners

 

who are employed by an accredited insurance regulatory agency and

 

who, after a review of the examination work papers and report,

 

state under oath that the examination was prepared in a manner

 

consistent with the standards and procedures required by their

 

accredited regulatory agency. This subsection only applies during

 

the time this state is accredited by the national association of

 

insurance commissioners' National Association of Insurance

 

Commissioners' financial regulation standards and accreditation

 


program.

 

     (4) The commissioner director, in person or by any of his or

 

her authorized deputies or examiners, shall once every 5 years

 

examine the books, records, documents, and papers of each

 

authorized insurer. The commissioner director may examine an

 

insurer more frequently and upon on its request shall examine a

 

domestic insurer that has not been examined for the 3 years

 

immediately preceding the request. This section does not authorize

 

the examination of books, records, documents, or papers if those

 

items involve matters that are a subject of a currently pending

 

administrative or judicial proceeding against the insurer from whom

 

the information is sought, unless the commissioner director or

 

judge specifically finds on the record of the proceeding that the

 

examination is reasonably necessary to protect the interests of

 

policyholders, creditors, or the public or to make a determination

 

of whether an insurer is safe, reliable, and entitled to public

 

confidence.

 

     (5) The business affairs, assets, and contingent liabilities

 

of insurers shall be are subject to examination by the commissioner

 

director at any time. The commissioner director may supervise and

 

make the same examination of the business and affairs of every

 

foreign or alien insurer doing business in this state as of

 

domestic insurers doing the same kind of business and of its

 

assets, books, accounts, and general condition. Every A foreign or

 

alien insurer and its the agents and officers of the insurer are

 

subject to the same obligations, and are subject to the same

 

examinations, and, in case of default therein, to if the insurer,

 


agent, or officer defaults in an obligation, the same penalties and

 

liabilities as that a domestic insurers insurer doing the same kind

 

of business , or any of and the agents or and officers thereof, of

 

the insurer are or may be liable subject to under the laws of this

 

state or the regulations of the insurance bureau of the department

 

of commerce. rules promulgated by the director. The commissioner

 

director may, whenever he or she considers it expedient to do so,

 

either in person or by a proper person appointed by him or her,

 

repair go to the general office or other offices of the foreign or

 

alien insurer, wherever the same may be, located, and make an

 

investigation and examination of its the insurer's affairs and

 

condition.

 

     (6) Upon On an examination under this section, the

 

commissioner, director, his or her deputy, or any examiner

 

authorized by him or her may examine in person, by writing, and, if

 

appropriate, under oath the officers or agents of the insurer or

 

all persons considered to have material information regarding the

 

insurer's property, assets, business, or affairs. The commissioner

 

director may compel the attendance and testimony of witnesses and

 

the production of any books, accounts, papers, records, documents,

 

and files relating to the insurer's business or affairs, and may

 

sign subpoenas, administer oaths and affirmations, examine

 

witnesses, and receive evidence for this purpose. The insurer and

 

its officers and agents shall produce its books and records and all

 

papers in its or their possession relating to its business or

 

affairs, and any other person may be required to produce any books,

 

records, or papers considered relevant to the examination for the

 


inspection of the commissioner, director, or his or her deputy or

 

examiners, whenever required. The insurer's officers or agents

 

shall facilitate the examination and aid in making the same

 

examination so far as it is in their power to do so. If the

 

commissioner's director's order or subpoena is not followed, the

 

commissioner director may request the Ingham county County circuit

 

court to issue an order requiring compliance with the

 

commissioner's order or subpoena.

 

     (7) Not later than 60 days following completion of the after

 

completing an examination under this section, the deputy or

 

examiners shall make a full and true report, and furnish the

 

insurer a copy of the examination report, that shall comprise only

 

facts appearing on the insurer's books, records, or documents or

 

ascertained from examination of its officers or agents or other

 

persons concerning its affairs and the conclusions and

 

recommendations as may be reasonably warranted from the facts

 

disclosed. An On request by an insurer examined under this section,

 

upon its request, the director shall be granted grant the insurer a

 

hearing before the commissioner director or his or her designee

 

before the report is filed. Upon On request of the insurer, the

 

director shall close the hearing shall be closed to the public. A

 

hearing under this subsection is not subject to the administrative

 

procedures act of 1969, Act No. 306 of the Public Acts of 1969,

 

being sections 24.201 to 24.328 of the Michigan Compiled Laws. 1969

 

PA 306, MCL 24.201 to 24.328. Each examination report shall must be

 

withheld from public inspection until the report is final and filed

 

with the commissioner. director. In addition, the commissioner

 


director may withhold any examination report or any analysis of an

 

insurer's financial condition from public inspection for such any

 

time as that he or she may consider considers proper. In any event,

 

the department shall withhold from public inspection all

 

information and testimony furnished to the insurance bureau

 

department and the insurance bureau's department's work papers,

 

correspondence, memoranda, reports, records, and other written or

 

oral information related to an examination report or an

 

investigation shall be withheld from public inspection, shall be

 

and these items are confidential, shall are not be subject to

 

subpoena, and shall must not be divulged to any person, except as

 

provided in this section. If assurances are provided that the

 

information will be kept confidential, the commissioner director

 

may disclose confidential work papers, correspondence, memoranda,

 

reports, records, or other information as follows:

 

     (a) To the governor or the attorney general.

 

     (b) To any relevant regulatory agency or authority, including

 

regulatory agencies or authorities of other states, or the federal

 

government, or other countries.

 

     (c) In connection with an enforcement action brought pursuant

 

to under this or another applicable act.

 

     (d) To law enforcement officials.

 

     (e) To persons authorized by the Ingham county County circuit

 

court to receive the information.

 

     (f) To persons entitled to receive such the information in

 

order to discharge duties specifically provided for in this act.

 

     (8) The confidentiality requirements of subsection (7) do not

 


apply in any proceeding or action brought against or by the insurer

 

under this act or any other applicable act of this state, any other

 

state, or the United States.

 

     (9) Notwithstanding the other provisions of this section, the

 

commissioner director is not required to finalize and file an

 

examination report for an insurer for a year in which an

 

examination report was not finalized and filed, if the insurer is

 

currently undergoing an examination subsequent to the year for

 

which an examination report was not finalized and filed. Nothing

 

contained in this This section shall be construed to does not limit

 

the commissioner's director's authority to terminate or suspend any

 

examination in order to pursue other legal or regulatory action

 

pursuant to under the insurance laws of this state. Findings of

 

fact and conclusions made pursuant to in connection with any

 

examination shall be under this section are prima facie evidence in

 

any legal or regulatory action.

 

     (10) The examination of an alien insurer is limited to its

 

United States business, except as otherwise required by the

 

commissioner.director.

 

     Sec. 402. No A person shall not act as an insurer and no an

 

insurer shall not issue any a policy or otherwise transact

 

insurance in this state except as authorized by a subsisting

 

certificate of authority granted to it by the commissioner pursuant

 

to director under this code.act.

 

     Sec. 454. (1) Except as otherwise provided in this section,

 

the department shall not authorize an insurer shall not be

 

authorized to do business in this state if its name is the same as

 


or closely resembles the name of any other another insurer

 

organized under or authorized to do business under the laws of this

 

state. However, the department may authorize an insurer may be

 

authorized to do business in this state by adding if it adds to its

 

corporate name a word, abbreviation, or other distinctive and

 

distinguishing element.

 

     (2) The department shall issue a certificate of authority

 

issued to the an insurer shall be issued in the name applied for,

 

and the insurer shall use that name in all its dealings with the

 

commissioner department and in the conduct of its affairs in this

 

state. Any document used or advertising offered in this state An

 

insurer shall identify the incorporated name of the insurer in any

 

document used or advertising offered in this state.

 

     (3) The commissioner director may disapprove the use of any a

 

name of an insurer or health maintenance organization if the

 

commissioner director determines that the name is deceptive or

 

misleading.

 

     Sec. 460. An Except as otherwise provided in section 1202, an

 

insurer authorized to transact business in this state shall not

 

write, place, or cause to be written or placed , any an insurance

 

policy or insurance contract of insurance in this state, except

 

through an agent duly licensed by the commissioner.insurance

 

producer.

 

     Sec. 462. An Except as otherwise provided in this section, an

 

application for life or disability insurance shall must bear the

 

signature of a licensed agent.an insurance producer. This section

 

does not apply to an application for insurance through the

 


insurer's Internet website if the website contains a statement that

 

the applicant may use an insurance producer to assist with the

 

application at no cost to the applicant.

 

     Sec. 606. (1) "Disability" insurance is insurance of any

 

person against bodily injury or death by accident, or against

 

disability on account of sickness or accident. including also the

 

granting of specific hospital benefits and medical, surgical and

 

sick-care benefits Unless specifically excluded in chapter 34,

 

disability insurance includes health insurance issued to any

 

person, an individual, family, or group, subject to such

 

limitations as may be that are prescribed with respect thereto:

 

Provided, The to the insurance.

 

     (2) An insured under a disability insurance policy as

 

described in this section may be an employee of any a person that

 

is not subject to the provisions of the workmen's worker's

 

disability compensation law and in such case act of 1969, 1969 PA

 

317, MCL 418.101 to 418.941. If the person is subject to the

 

worker's disability compensation act of 1969, 1969 PA 317, MCL

 

418.101 to 418.941, the liability may be limited to such as may

 

arise liability arising out of and in the course of the employee's

 

employment and the premium may be paid by the employer under an

 

agreement with the employee.

 

     Sec. 607. "Health" insurance is an expense-incurred hospital,

 

medical, or surgical policy, certificate, or contract.

 

     Sec. 1210. (1) An accident and health insurance agent producer

 

who is a health benefit agent pursuant to under the health benefit

 

agent act, shall be 1986 PA 252, MCL 550.1001 to 550.1020, is

 


subject to the health benefit agent act, 1986 PA 252, MCL 550.1001

 

to 550.1020, when selling a health benefits. benefit. As used in

 

this section, "health benefits" benefit" and "health benefit agent"

 

means mean those terms as defined in section 2 of the health

 

benefit agent act, 1986 PA 252, MCL 550.1002.

 

     (2) An accident and health insurance producer may arrange for

 

excess loss insurance in conjunction with the sale of

 

administrative services benefits.

 

     (3) An accident and health insurance producer may arrange with

 

an insurer for the insurer to sell a policy to supplement the

 

health benefits of a health maintenance organization.

 

     Sec. 2003. (1) A person shall not engage in a trade practice

 

which that is defined or described in this uniform trade practices

 

act chapter or is determined pursuant to under this act chapter to

 

be , an unfair method of competition or an unfair or deceptive act

 

or practice in the business of insurance.

 

     (2) "Person" Except as otherwise provided in this subsection,

 

"person" means a person that term as defined in section 114 and

 

includes an agent, insurance producer, solicitor, counselor, or

 

adjuster. , but excludes Person does not include the property and

 

casualty guaranty association.

 

     (3) "Insurance policy" or "insurance contract" means a

 

contract of insurance, indemnity, suretyship, or annuity issued or

 

proposed or intended for issuance by a person engaged in the

 

business of insurance.

 

     Sec. 2006. (1) A person must pay on a timely basis to its

 

insured, an individual or entity a person directly entitled to

 


benefits under its insured's insurance contract, of insurance, or a

 

third party tort claimant the benefits provided under the terms of

 

its policy, or, in the alternative, the person must pay to its

 

insured, an individual or entity a person directly entitled to

 

benefits under its insured's insurance contract, of insurance, or a

 

third party tort claimant 12% interest, as provided in subsection

 

(4), on claims not paid on a timely basis. Failure to pay claims on

 

a timely basis or to pay interest on claims as provided in

 

subsection (4) is an unfair trade practice unless the claim is

 

reasonably in dispute.

 

     (2) A person shall not be found to have committed an unfair

 

trade practice under this section if the person is found liable for

 

a claim pursuant to a judgment rendered by a court of law, and the

 

person pays to its insured, individual or entity the person

 

directly entitled to benefits under its insured's insurance

 

contract, of insurance, or the third party tort claimant interest

 

as provided in subsection (4).

 

     (3) An insurer shall specify in writing the materials that

 

constitute a satisfactory proof of loss not later than 30 days

 

after receipt of a claim unless the claim is settled within the 30

 

days. If proof of loss is not supplied as to the entire claim, the

 

amount supported by proof of loss shall be is considered paid on a

 

timely basis if paid within 60 days after receipt of proof of loss

 

by the insurer. Any part of the remainder of the claim that is

 

later supported by proof of loss shall be is considered paid on a

 

timely basis if paid within 60 days after receipt of the proof of

 

loss by the insurer. If the proof of loss provided by the claimant

 


contains facts that clearly indicate the need for additional

 

medical information by the insurer in order to determine its

 

liability under a policy of life insurance, the claim shall be is

 

considered paid on a timely basis if paid within 60 days after

 

receipt of necessary medical information by the insurer. Payment of

 

a claim shall is not be untimely during any period in which the

 

insurer is unable to pay the claim when if there is no recipient

 

who is legally able to give a valid release for the payment, or

 

where if the insurer is unable to determine who is entitled to

 

receive the payment, if the insurer has promptly notified the

 

claimant of that inability and has offered in good faith to

 

promptly pay the claim upon determination of who is entitled to

 

receive the payment.

 

     (4) If benefits are not paid on a timely basis, the benefits

 

paid shall bear simple interest from a date 60 days after

 

satisfactory proof of loss was received by the insurer at the rate

 

of 12% per annum, if the claimant is the insured or an individual

 

or entity a person directly entitled to benefits under the

 

insured's insurance contract. of insurance. If the claimant is a

 

third party tort claimant, then the benefits paid shall bear

 

interest from a date 60 days after satisfactory proof of loss was

 

received by the insurer at the rate of 12% per annum if the

 

liability of the insurer for the claim is not reasonably in

 

dispute, the insurer has refused payment in bad faith, and the bad

 

faith was determined by a court of law. The interest shall must be

 

paid in addition to and at the time of payment of the loss. If the

 

loss exceeds the limits of insurance coverage available, interest

 


shall be is payable based upon on the limits of insurance coverage

 

rather than the amount of the loss. If payment is offered by the

 

insurer but is rejected by the claimant, and the claimant does not

 

subsequently recover an amount in excess of the amount offered,

 

interest is not due. Interest paid pursuant to as provided in this

 

section shall must be offset by any award of interest that is

 

payable by the insurer pursuant to as provided in the award.

 

     (5) If a person contracts to provide benefits and reinsures

 

all or a portion of the risk, the person contracting to provide

 

benefits is liable for interest due to an insured, an individual or

 

entity a person directly entitled to benefits under its insured's

 

insurance contract, of insurance, or a third party tort claimant

 

under this section where if a reinsurer fails to pay benefits on a

 

timely basis.

 

     (6) If there is any specific inconsistency between this

 

section and sections 3101 to 3177 chapter 31 or the worker's

 

disability compensation act of 1969, 1969 PA 317, MCL 418.101 to

 

418.941, the provisions of this section do not apply. Subsections

 

(7) to (14) do not apply to an entity a person regulated under the

 

worker's disability compensation act of 1969, 1969 PA 317, MCL

 

418.101 to 418.941. Subsections (7) to (14) do not apply to the

 

processing and paying of medicaid Medicaid claims that are covered

 

under section 111i of the social welfare act, 1939 PA 280, MCL

 

400.111i.

 

     (7) Subsections (1) to (6) do not apply and subsections (8) to

 

(14) do apply to health plans when paying claims to health

 

professionals, health facilities, home health care providers, and

 


durable medical equipment providers, that are not pharmacies and

 

that do not involve claims arising out of sections 3101 to 3177

 

chapter 31 or the worker's disability compensation act of 1969,

 

1969 PA 317, MCL 418.101 to 418.941. This section does not affect a

 

health plan's ability to prescribe the terms and conditions of its

 

contracts, other than as provided in this section for timely

 

payment.

 

     (8) Each health professional, health facility, home health

 

care provider, and durable medical equipment provider in billing

 

for services rendered and each health plan in processing and paying

 

claims for services rendered shall use the following timely

 

processing and payment procedures:

 

     (a) A clean claim shall must be paid within 45 days after

 

receipt of the claim by the health plan. A clean claim that is not

 

paid within 45 days shall bear bears simple interest at a rate of

 

12% per annum.

 

     (b) A health plan shall notify the health professional, health

 

facility, home health care provider, or durable medical equipment

 

provider within 30 days after receipt of the claim by the health

 

plan of all known reasons that prevent the claim from being a clean

 

claim.

 

     (c) A health professional, health facility, home health care

 

provider, and or durable medical equipment provider have has 45

 

days, and any additional time the health plan permits, after

 

receipt of a notice under subdivision (b) to correct all known

 

defects. The 45-day time period in subdivision (a) is tolled from

 

the date of receipt of a notice to a health professional, health

 


facility, home health care provider, or durable medical equipment

 

provider under subdivision (b) to the date of the health plan's

 

receipt of a response from the health professional, health

 

facility, home health care provider, or durable medical equipment

 

provider.

 

     (d) If a health professional's, health facility's, home health

 

care provider's, or durable medical equipment provider's response

 

under subdivision (c) makes the claim a clean claim, the health

 

plan shall pay the health professional, health facility, home

 

health care provider, or durable medical equipment provider within

 

the 45-day time period under subdivision (a), excluding any time

 

period tolled under subdivision (c).

 

     (e) If a health professional's, health facility's, home health

 

care provider's, or durable medical equipment provider's response

 

under subdivision (c) does not make the claim a clean claim, the

 

health plan shall notify the health professional, health facility,

 

home health care provider, or durable medical equipment provider of

 

an adverse claim determination and of the reasons for the adverse

 

claim determination within the 45-day time period under subdivision

 

(a), excluding any time period tolled under subdivision (c).

 

     (f) A health professional, health facility, home health care

 

provider, or durable medical equipment provider shall must bill a

 

health plan within 1 year after the date of service or the date of

 

discharge from the health facility in order for a claim to be a

 

clean claim.

 

     (g) A health professional, health facility, home health care

 

provider, or durable medical equipment provider shall not resubmit

 


the same claim to the health plan unless the time frame in period

 

under subdivision (a) has passed or as provided in subdivision (c).

 

     (h) A health plan that is a qualified health plan for the

 

purposes of 45 CFR 156.270 and that, as required in 45 CFR

 

156.270(d), provides a 3-month grace period to an enrollee who is

 

receiving advance payments of the premium tax credit and who has

 

paid 1 full month's premium may pend claims for services rendered

 

to the enrollee in the second and third months of the grace period.

 

A claim during the second and third months of the grace period is

 

not a clean claim under this section, and interest is not payable

 

under subdivision (a) on that claim if the health plan has complied

 

with the notice requirements of 45 CFR 155.430 and 45 CFR 156.270.

 

     (9) Notices required under subsection (8) shall must be made

 

in writing or electronically.

 

     (10) If a health plan determines that 1 or more services

 

listed on a claim are payable, the health plan shall pay for those

 

services and shall not deny the entire claim because 1 or more

 

other services listed on the claim are defective. This subsection

 

does not apply if a health plan and health professional, health

 

facility, home health care provider, or durable medical equipment

 

provider have an overriding contractual reimbursement arrangement.

 

     (11) A health plan shall not terminate the affiliation status

 

or the participation of a health professional, health facility,

 

home health care provider, or durable medical equipment provider

 

with a health maintenance organization provider panel or otherwise

 

discriminate against a health professional, health facility, home

 

health care provider, or durable medical equipment provider because

 


the health professional, health facility, home health care

 

provider, or durable medical equipment provider claims that a

 

health plan has violated subsections (7) to (10).

 

     (12) A health professional, health facility, home health care

 

provider, durable medical equipment provider, or health plan

 

alleging that a timely processing or payment procedure under

 

subsections (7) to (11) has been violated may file a complaint with

 

the commissioner director on a form approved by the commissioner

 

director and has a right to a determination of the matter by the

 

commissioner director or his or her designee. This subsection does

 

not prohibit a health professional, health facility, home health

 

care provider, durable medical equipment provider, or health plan

 

from seeking court action. A health plan described in subsection

 

(14)(c)(iv) is subject only to the procedures and penalties

 

provided for in subsection (13) and section 402 of the nonprofit

 

health care corporation reform act, 1980 PA 350, MCL 550.1402, for

 

a violation of a timely processing or payment procedure under

 

subsections (7) to (11).

 

     (13) In addition to any other penalty provided for by law, the

 

commissioner director may impose a civil fine of not more than

 

$1,000.00 for each violation of subsections (7) to (11) not to

 

exceed $10,000.00 in the aggregate for multiple violations.

 

     (14) As used in subsections (7) to (13):

 

     (a) "Clean claim" means a claim that does all of the

 

following:

 

     (i) Identifies the health professional, health facility, home

 

health care provider, or durable medical equipment provider that

 


provided service sufficiently to verify, if necessary, affiliation

 

status and includes any identifying numbers.

 

     (ii) Sufficiently identifies the patient and health plan

 

subscriber.

 

     (iii) Lists the date and place of service.

 

     (iv) Is a claim for covered services for an eligible

 

individual.

 

     (v) If necessary, substantiates the medical necessity and

 

appropriateness of the service provided.

 

     (vi) If prior authorization is required for certain patient

 

services, contains information sufficient to establish that prior

 

authorization was obtained.

 

     (vii) Identifies the service rendered using a generally

 

accepted system of procedure or service coding.

 

     (viii) Includes additional documentation based upon on

 

services rendered as reasonably required by the health plan.

 

     (b) "Health facility" means a health facility or agency

 

licensed under article 17 of the public health code, 1978 PA 368,

 

MCL 333.20101 to 333.22260.

 

     (c) "Health plan" means all of the following:

 

     (i) An insurer providing benefits under an expense-incurred

 

hospital, medical, surgical, vision, or dental a health insurance

 

policy, or certificate, including any a policy, or certificate, or

 

contract that provides coverage for specific diseases or accidents

 

only, an expense-incurred vision or dental policy, or any a

 

hospital indemnity, medicare Medicare supplement, long-term care,

 

or 1-time limited duration policy or certificate, but not to

 


payments made to an administrative services only or cost-plus

 

arrangement.

 

     (ii) A MEWA regulated under chapter 70 that provides hospital,

 

medical, surgical, vision, dental, and sick care benefits.

 

     (iii) A health maintenance organization licensed or issued a

 

certificate of authority in this state.

 

     (iv) A health care corporation for benefits provided under a

 

certificate issued under the nonprofit health care corporation

 

reform act, 1980 PA 350, MCL 550.1101 to 550.1704, but not to

 

payments made pursuant to an administrative services only or cost-

 

plus arrangement.

 

     (d) "Health professional" means a health professional an

 

individual licensed, or registered, or otherwise authorized to

 

engage in a health profession under article 15 of the public health

 

code, 1978 PA 368, MCL 333.16101 to 333.18838.

 

     Sec. 2059. (1) No Except as otherwise provided in this act, a

 

person shall not maintain or operate any an office in this state

 

for the transaction of the business of insurance , except as

 

provided for in this code, or use the name of any an insurer,

 

fictitious or otherwise, in conducting or advertising any a

 

business that is not related or connected with the business of

 

insurance as governed by the provisions of regulated in this code

 

except as otherwise provided in subsection (2).act.

 

     (2) Subsection (1) shall does not be construed to prohibit an

 

agent licensed under chapter 12 insurance producer from marketing

 

or transacting any of the following:

 

     (a) Subject to the health benefit agent act, health care

 


coverage provided by a health care corporation regulated pursuant

 

to the nonprofit health care corporation reform act, Act No. 350 of

 

the Public Acts of 1980, being sections 550.1101 to 550.1704 of the

 

Michigan Compiled Laws.

 

     (a) (b) Subject to the health benefit agent act, 1986 PA 252,

 

MCL 550.1001 to 550.1020, health care coverage provided by a health

 

maintenance organization. regulated pursuant to part 210 of the

 

public health code, Act No. 368 of the Public Acts of 1978, being

 

sections 333.21001 to 333.21098 of the Michigan Compiled Laws.

 

     (b) (c) Subject to the health benefit agent act, 1986 PA 252,

 

MCL 550.1001 to 550.1020, dental care coverage provided by a dental

 

care corporation regulated pursuant to Act No. under 1963 PA 125,

 

of the Public Acts of 1963, being sections MCL 550.351 to 550.373.

 

of the Michigan Compiled Laws.

 

     (c) (d) Administrative services of a third party administrator

 

regulated pursuant to under the third party administrator act, Act

 

No. 1984 PA 218, of the Public Acts of 1984, being sections MCL

 

550.901 to 550.962 of the Michigan Compiled Laws.550.960.

 

     Sec. 2212a. (1) An insurer that delivers, issues for delivery,

 

or renews in this state an expense-incurred hospital, medical, or

 

surgical a policy or certificate issued under chapter 34 or 36 of

 

health insurance shall provide a written form in plain English to

 

insureds upon enrollment that describes the terms and conditions of

 

the insurer's policies. and certificates. The form shall must

 

provide a clear, complete, and accurate description of all of the

 

following, as applicable:

 

     (a) The service area.

 


     (b) Covered benefits, including prescription drug coverage,

 

with specifications regarding requirements for the use of generic

 

drugs.

 

     (c) Emergency health coverages and benefits.

 

     (d) Out-of-area coverages and benefits.

 

     (e) An explanation of the insured's financial responsibility

 

for copayments, deductibles, and any other out-of-pocket expenses.

 

     (f) Provision for continuity of treatment if a provider's

 

participation terminates during the course of an insured person's

 

treatment by that the provider.

 

     (g) The telephone number to call to receive information

 

concerning grievance procedures.

 

     (h) How the covered benefits apply in the evaluation and

 

treatment of pain.

 

     (i) A summary listing of the information available pursuant to

 

under subsection (2).

 

     (2) An insurer shall provide upon request to insureds covered

 

under a policy or certificate issued under section 3405 or 3631 a

 

clear, complete, and accurate description of any of the following

 

information that has been requested:

 

     (a) The current provider network in the policy or

 

certificate's service area, including names and locations of

 

affiliated or participating providers by specialty or type of

 

practice, a statement of limitations of accessibility and referrals

 

to specialists, and a disclosure of which providers will not accept

 

new subscribers.

 

     (b) The professional credentials of affiliated or

 


participating health professionals, providers, including, but not

 

limited to, affiliated or participating health professionals

 

providers who are board certified in the specialty of pain medicine

 

and the evaluation and treatment of pain and have reported that

 

certification to the insurer, including all of the following:

 

     (i) Relevant professional degrees.

 

     (ii) Date of certification by the applicable nationally

 

recognized boards and other professional bodies.

 

     (iii) The names of licensed facilities on the provider panel

 

where the health professional presently provider currently has

 

privileges for the treatment, illness, or procedure that is the

 

subject of the request.

 

     (c) The licensing verification telephone number for the

 

Michigan department of consumer licensing and industry services

 

regulatory affairs that can be accessed for information as to

 

whether any disciplinary actions or open formal complaints have

 

been taken or filed against a health care provider in the

 

immediately preceding 3 years.

 

     (d) Any prior authorization requirements and any limitations,

 

restrictions, or exclusions, including, but not limited to, drug

 

formulary limitations and restrictions by category of service,

 

benefit, and provider, and, if applicable, by specific service,

 

benefit, or type of drug.

 

     (e) Indication of the The financial relationships between the

 

insurer and any closed provider panel, including all of the

 

following as applicable:

 

     (i) Whether a fee-for-service arrangement exists, under which

 


the provider is paid a specified amount for each covered service

 

rendered to the participant.

 

     (ii) Whether a capitation arrangement exists, under which a

 

fixed amount is paid to the provider for all covered services that

 

are or may be rendered to each covered individual or family.

 

     (iii) Whether payments to providers are made based on

 

standards relating to cost, quality, or patient satisfaction.

 

     (f) A telephone number and address to obtain from the insurer

 

additional information concerning the items described in

 

subdivisions (a) to (e).

 

     (3) Upon request, any of the information provided under

 

subsection (2) shall must be provided in writing. An insurer may

 

require that a request under subsection (2) be submitted in

 

writing.

 

     (4) A health insurer shall not deliver or issue for delivery a

 

policy of insurance to any person in this state unless all of the

 

following requirements are met:

 

     (a) The style, arrangement, and overall appearance of the

 

policy do not give undue prominence to any portion of the text.

 

Every printed portion of the text of the policy and of any

 

endorsements or attached papers must be plainly printed in light-

 

faced type of a style in general use, the size of which must be

 

uniform and not less than 10-point with a lowercase unspaced

 

alphabet length, not less than 120-point in length of line. As used

 

in this subdivision, "text" includes all printed matter except the

 

name and address of the insurer, name or title of the policy, the

 

brief description, if any, and captions and subcaptions.

 


     (b) Except as otherwise provided in this subdivision or except

 

as provided in sections 3406 to 3452, exceptions and reductions of

 

indemnity are set forth in the policy and are printed, at the

 

insurer's option, with the benefit provision to which they apply or

 

under an appropriate caption such as "EXCEPTIONS" or "EXCEPTIONS

 

AND REDUCTIONS". If an exception or reduction of indemnity

 

specifically applies only to a particular benefit of the policy, a

 

statement of the exception or reduction must be included with the

 

benefit provision to which it applies.

 

     (c) Each form, including riders and endorsements, are

 

identified by a form number in the lower left-hand corner of the

 

first page of the form.

 

     (d) The policy contains no provision that purports to make any

 

portion of the charter, rules, constitution, or bylaws of the

 

insurer a part of the policy unless the portion is set forth in

 

full in the policy. This subdivision does not apply to the

 

incorporation of or reference to a statement of rates,

 

classification of risks, or short-rate table filed with the

 

director.

 

     (5) (4) As used in this section, "board certified" means

 

certified to practice in a particular medical or other health

 

professional specialty by the American board of medical specialties

 

Board of Medical Specialties or another appropriate national health

 

professional organization.

 

     Sec. 2212b. (1) This section applies to a policy or

 

certificate issued under section 3405 or 3631 and to a health

 

maintenance organization contract.

 


     (2) If affiliation or participation between a primary care

 

physician and an insurer terminates, the physician may provide

 

written notice of this termination within 15 days after the

 

physician becomes aware of the termination to each insured who has

 

chosen the physician as his or her primary care physician. If an

 

insured is in an ongoing course of treatment with any other

 

physician that is affiliated or participating with the insurer and

 

the affiliation or participation between the physician and the

 

insurer terminates, the physician may provide written notice of

 

this termination to the insured within 15 days after the physician

 

becomes aware of the termination. The notices under this subsection

 

may also describe the procedure for continuing care under

 

subsections (3) and (4).

 

     (3) If affiliation or participation between an insured's

 

current physician and an insurer terminates, the insurer shall

 

permit the insured to continue an ongoing course of treatment with

 

that physician as follows:

 

     (a) For 90 days from after the date of notice to the insured

 

by the physician of the physician's termination with the insurer.

 

     (b) If the insured is in her second or third trimester of

 

pregnancy at the time of the physician's termination, through

 

postpartum care directly related to the pregnancy.

 

     (c) If the insured is determined to be terminally ill prior to

 

have an advanced illness before a physician's termination or

 

knowledge of the termination and the physician was treating the

 

terminal advanced illness before the date of termination or

 

knowledge of the termination, for the remainder of the insured's

 


life for care directly related to the treatment of the terminal

 

advanced illness.

 

     (4) Subsection (3) applies only if the physician agrees to all

 

of the following:

 

     (a) To continue to accept as payment in full reimbursement

 

from the insurer at the rates applicable prior to before the

 

termination.

 

     (b) To adhere to the insurer's standards for maintaining

 

quality health care and to provide to the insurer necessary medical

 

information related to the care.

 

     (c) To otherwise adhere to the insurer's policies and

 

procedures, including, but not limited to, those concerning

 

utilization review, referrals, preauthorizations, and treatment

 

plans.

 

     (5) An insurer shall provide written notice to each affiliated

 

or participating physician that if affiliation or participation

 

between the physician and the insurer terminates, the physician may

 

do both of the following:

 

     (a) Notify the insurer's insureds under the care of the

 

physician of the termination if the physician does so within 15

 

days after the physician becomes aware of the termination.

 

     (b) Include in the notice under subdivision (a) a description

 

of the procedures for continuing care under subsections (3) and

 

(4).

 

     (6) This section does not create an obligation for an insurer

 

to provide to an insured coverage beyond the maximum coverage

 

limits permitted by the insurer's policy or certificate with the

 


insured. This section does not create an obligation for an insurer

 

to expand who may be a primary care physician under a policy or

 

certificate.

 

     (7) As used in this section:

 

     (a) "Advanced illness" means that term as defined in section

 

5653 of the public health code, 1978 PA 368, MCL 333.5653.

 

     (b) (a) "Physician" means an allopathic physician, osteopathic

 

physician, or podiatric physician.

 

     (b) "Terminal illness" means that term as defined in section

 

5653 of the public health code, 1978 PA 368, MCL 333.5653.

 

     (c) "Terminates" or "termination" includes the nonrenewal,

 

expiration, or ending for any reason of a participation agreement

 

or affiliated provider contract between a physician and an insurer,

 

but does not include a termination by the insurer for failure to

 

meet applicable quality standards or for fraud.

 

     Sec. 2213. (1) Except as otherwise provided in subsection (4),

 

each an insurer and health maintenance organization that delivers,

 

issues for delivery, or renews in this state a policy of health

 

insurance shall establish an internal formal grievance procedure

 

for approval by the commissioner director for persons covered under

 

a the policy , certificate, or contract issued under chapter 34,

 

35, or 36 that provides for all of the following:

 

     (a) A designated person responsible for administering the

 

grievance system.

 

     (b) A designated person or telephone number for receiving

 

grievances.

 

     (c) A method that ensures full investigation of a grievance.

 


     (d) Timely notification in plain English to the insured or

 

enrollee as to the progress of an investigation of a grievance.

 

     (e) The right of an insured or enrollee to appear before a

 

designated person or committee to present a grievance.

 

     (f) Notification in plain English to the insured or enrollee

 

of the results of the insurer's or health maintenance

 

organization's investigation of the a grievance and of the right to

 

have the grievance reviewed by the commissioner director or by an

 

independent review organization under the patient's right to

 

independent review act, 2000 PA 251, MCL 550.1901 to 550.1929.

 

     (g) A method for providing summary data on the number and

 

types of complaints and grievances filed under this section. The

 

insurer or health maintenance organization shall annually file the

 

summary data for the prior calendar year with the commissioner

 

director on forms provided by the commissioner.director.

 

     (h) Periodic management and governing body review of the data

 

to assure ensure that appropriate actions have been taken.

 

     (i) That copies of all complaints grievances and responses are

 

available at the principal office of the insurer or health

 

maintenance organization for inspection by the commissioner

 

director for 2 years following the year the grievance was filed.

 

     (j) That when an adverse determination is made, a written

 

statement in plain English containing the reasons for the adverse

 

determination is provided to the insured or enrollee along with

 

written notifications as required under the patient's right to

 

independent review act, 2000 PA 251, MCL 550.1901 to 550.1929.

 

     (k) That a final determination will be made in writing by the

 


insurer or health maintenance organization not later than 35 30

 

calendar days after a formal preservice grievance is submitted or

 

60 calendar days after a formal postservice grievance is submitted

 

in writing by the insured or enrollee. The timing for the 35-

 

calendar-day period 30-calendar-day period or 60-calendar-day

 

period, as applicable, may be tolled, however, for any period of

 

time the insured or enrollee is permitted to take under the

 

grievance procedure and for a period of time that shall must not

 

exceed 10 business days if the insurer or health maintenance

 

organization has not received requested information from a health

 

care facility or health professional. If the insurer's procedure

 

for insureds or enrollees covered under a group policy or plan

 

includes 2 steps to resolve the grievance, the time for the first

 

step must be no longer than 15 calendar days for a preservice

 

grievance or 30 calendar days for a postservice grievance.

 

     (l) That a determination will be made by the insurer or health

 

maintenance organization not later than 72 hours after receipt of

 

an expedited grievance. Within 10 days after receipt of a

 

determination, the insured or enrollee may request a determination

 

of the matter by the commissioner director or his or her designee

 

or by an independent review organization under the patient's right

 

to independent review act, 2000 PA 251, MCL 550.1901 to 550.1929.

 

If the determination by the insurer or health maintenance

 

organization is made orally, the insurer or health maintenance

 

organization shall provide a written confirmation of the

 

determination to the insured or enrollee not later than 2 business

 

days after the oral determination. An expedited grievance under

 


this subdivision applies if a grievance is submitted and a

 

physician, orally or in writing, substantiates that the time frame

 

for a grievance under subdivision (k) would seriously jeopardize

 

the life or health of the insured or enrollee or would jeopardize

 

the insured's or enrollee's ability to regain maximum function.

 

     (m) That the insured or enrollee has the right to a

 

determination of the matter by the commissioner director or his or

 

her designee or by an independent review organization under the

 

patient's right to independent review act, 2000 PA 251, MCL

 

550.1901 to 550.1929.

 

     (2) An insured or enrollee may authorize in writing any

 

person, including, but not limited to, a physician, to act on his

 

or her behalf at any stage in a grievance proceeding under this

 

section.

 

     (3) This section does not apply to a provider's complaint

 

concerning claims payment, handling, or reimbursement for health

 

care services.

 

     (4) This section does not apply to a policy, certificate,

 

care, coverage, or insurance listed in section 5(2) of the

 

patient's right to independent review act, 2000 PA 251, MCL

 

550.1905, as not being subject to the patient's right to

 

independent review act, 2000 PA 251, MCL 550.1901 to 550.1929.

 

     (5) As used in this section:

 

     (a) "Adverse determination" means a any of the following:

 

     (i) A determination that an admission, availability of care,

 

continued stay, or other health care service has been reviewed and

 

denied, reduced, or terminated. by an insurer or its designee

 


utilization review organization that a request for a benefit, on

 

application of any utilization review technique, does not meet the

 

insurer's requirements for medical necessity, appropriateness,

 

health care setting, level of care, or effectiveness or is

 

determined to be experimental or investigational and the requested

 

benefit is therefore denied, reduced, or terminated or payment is

 

not provided or made, in whole or in part, for the benefit.

 

     (ii) The denial, reduction, termination, or failure to provide

 

or make payment, in whole or in part, for a benefit based on a

 

determination by an insurer or its designee utilization review

 

organization of a covered person's eligibility for coverage from

 

the insurer.

 

     (iii) A prospective review or retrospective review

 

determination that denies, reduces, or terminates or fails to

 

provide or make payment, in whole or in part, for a benefit.

 

     (iv) A rescission of coverage determination.

 

     (v) Failure to respond in a timely manner to a request for a

 

determination. constitutes an adverse determination.

 

     (b) "Grievance" means a formal complaint on behalf of an

 

insured or enrollee submitted by an insured or enrollee concerning

 

any of the following:

 

     (i) The availability, delivery, or quality of health care

 

services, including a complaint regarding an adverse determination

 

made pursuant to utilization review.

 

     (ii) Benefits or claims payment, handling, or reimbursement

 

for health care services.

 

     (iii) Matters pertaining to the contractual relationship

 


between an insured or enrollee and the insurer. or health

 

maintenance organization.

 

     (c) "Postservice grievance" means a grievance relating to

 

services that have already been received by the insured or

 

enrollee.

 

     (d) "Preservice grievance" means a grievance relating to

 

services for which the insurer conditions receipt of the services,

 

in whole or in part, on approval of the services in advance of

 

receiving the service.

 

     Sec. 2213a. (1) All The director shall calculate actual and

 

necessary expenses incurred by the commissioner director under

 

section 2213 shall be calculated by the commissioner by June 30 of

 

each year for the immediately preceding fiscal year. Except as

 

otherwise provided in subsection (2), the commissioner director

 

shall divide these expenses among all insurers who that issue a

 

policy or certificate under chapter 34 or 36 35 in this state on a

 

pro rata basis according to the direct written premiums of each

 

insurer as reported in each the insurer's annual statement for the

 

immediately preceding calendar year. by each of those insurers.

 

This An insurer shall pay the assessment shall be paid within 30

 

days after receipt of the assessment. and The assessment is in

 

addition to the regulatory fee provided for in section 224.

 

     (2) This section does not apply to a policy, certificate,

 

care, coverage, or insurance listed in section 5(2) of the

 

patient's right to independent review act, 2000 PA 251, MCL

 

550.1905, as not being subject to the patient's right to

 

independent review act, 2000 PA 251, MCL 550.1901 to 550.1929.

 


     Sec. 2213b. (1) Except as otherwise provided in this section,

 

an insurer that delivers, issues for delivery, or renews in this

 

state an expense-incurred hospital, medical, or surgical individual

 

a health insurance policy under chapter 34 shall renew the policy

 

or continue the policy in force the policy at the option of the

 

individual or, for a group plan, at the option of the plan sponsor.

 

     (2) Except as otherwise provided in this section, an insurer

 

that delivers, issues for delivery, or renews in this state an

 

expense-incurred hospital, medical, or surgical group policy or

 

certificate under chapter 36 shall renew or continue in force the

 

policy or certificate at the option of the sponsor of the plan.

 

     (2) At the time of renewal of an individual health insurance

 

policy, the insurer may modify the policy if the modification is

 

consistent with state and federal law and is effective on a uniform

 

basis among all individuals with coverage under the policy.

 

     (3) At the time of renewal of a group health insurance policy

 

issued under chapter 34, the insurer may modify the policy.

 

     (4) (3) Guaranteed renewal of a health insurance policy is not

 

required in cases of fraud, intentional misrepresentation of

 

material fact, lack of payment, noncompliance with minimum

 

contribution requirements, or noncompliance with minimum

 

participation requirements, if the insurer no longer offers that

 

particular type of coverage in the market, or if the individual or

 

group moves outside the service area.

 

     (5) (4) An insurer or health maintenance organization that

 

offers an expense-incurred hospital, medical, or surgical delivers,

 

issues for delivery, or renews in this state a health insurance

 


policy under chapter 34 or 36 shall not discontinue offering a

 

particular plan or product in the nongroup or group market unless

 

the insurer or health maintenance organization does all of the

 

following:

 

     (a) Provides notice to the commissioner director and to each

 

covered individual or group, as applicable, provided coverage under

 

the plan or product of the discontinuation at least 90 days before

 

the date of the discontinuation.

 

     (b) Offers to each covered individual or group, as applicable,

 

provided coverage under the plan or product the option to purchase

 

any other plan or product currently being offered in the nongroup

 

market or group market, as applicable, by that insurer or health

 

maintenance organization without excluding or limiting coverage for

 

a preexisting condition or providing a waiting period.

 

     (c) Acts uniformly without regard to any health status factor

 

of enrolled individuals or individuals who may become eligible for

 

coverage in making the determination to discontinue coverage and in

 

offering other plans or products.

 

     (6) (5) An insurer or health maintenance organization shall

 

not discontinue offering all coverage in the nongroup or group

 

market unless the insurer or health maintenance organization does

 

all of the following:

 

     (a) Provides notice to the commissioner director and to each

 

covered individual or group, as applicable, of the discontinuation

 

at least 180 days before the date of the expiration of coverage.

 

     (b) Discontinues all health benefit plans issued in the

 

nongroup or group market from which the insurer or health

 


maintenance organization withdrew and does not renew coverage under

 

those plans.

 

     (7) (6) If an insurer or health maintenance organization

 

discontinues coverage under subsection (5), (6), the insurer or

 

health maintenance organization shall not provide for the issuance

 

of any health benefit plans in the nongroup or group market from

 

which the insurer or health maintenance organization withdrew

 

during the 5-year period beginning on the date of the

 

discontinuation of the last plan not renewed under that subsection.

 

     (8) (7) Subsections (1) to (6) (7) do not apply to a short-

 

term or 1-time limited duration policy or certificate of no longer

 

than 6 months.

 

     (9) (8) For the purposes of this section, and section 3406f, a

 

short-term or 1-time limited duration policy or certificate of no

 

longer than 6 months is an individual health policy that meets all

 

of the following:

 

     (a) Is issued to provide coverage for a period of 185 days or

 

less, except that the health policy may permit a limited extension

 

of benefits after the date the policy ended solely for expenses

 

attributable to a condition for which a covered person incurred

 

expenses during the term of the policy.

 

     (b) Is nonrenewable, provided that the health insurer may

 

provide coverage for 1 or more subsequent periods that satisfy

 

subdivision (a), if the total of the periods of coverage do not

 

exceed a total of 185 days out of any 365-day period, plus any

 

additional days permitted by the policy for a condition for which a

 

covered person incurred expenses during the term of the policy.

 


     (c) Does not cover any preexisting conditions.

 

     (d) Is available with an immediate effective date, without

 

underwriting, upon receipt by the insurer of a completed

 

application indicating eligibility under the health insurer's

 

eligibility requirements, except that coverage that includes

 

optional benefits may be offered on a basis that does not meet this

 

requirement.

 

     (10) (9) By March 31 each year, an insurer that delivers,

 

issues for delivery, or renews in this state a short-term or 1-time

 

limited duration policy or certificate of no longer than 6 months

 

shall provide to the commissioner director a written annual report

 

that discloses both of the following:

 

     (a) The gross written premium for short-term or 1-time limited

 

duration policies or certificates issued in this state during the

 

preceding calendar year.

 

     (b) The gross written premium for all individual expense-

 

incurred hospital, medical, or surgical health insurance policies

 

or certificates issued or delivered in this state during the

 

preceding calendar year other than policies or certificates

 

described in subdivision (a).

 

     (11) (10) The commissioner director shall maintain copies of

 

reports prepared pursuant to under subsection (9) (10) on file with

 

the annual statement of each reporting insurer. The commissioner

 

director shall annually compile the reports received under

 

subsection (9). (10). The commissioner director shall provide this

 

annual compilation to the senate and house of representatives

 

standing committees on insurance issues no later than the by June 1

 


immediately following after the March 31 date for on which the

 

reports under subsection (9) (10) are provided.due.

 

     (12) (11) In each calendar year, a health an insurer shall not

 

continue to issue short-term or 1-time limited duration policies or

 

certificates if to do so the collective gross written premiums on

 

those policies or certificates would total more than 10% of the

 

collective gross written premiums for all individual expense-

 

incurred hospital, medical, or surgical health insurance policies

 

or certificates issued or delivered in this state either directly

 

by that the insurer or through a corporation person that owns or is

 

owned by that the insurer.

 

     Sec. 2214. (1) The An insured shall is not be bound by any a

 

statement made in an application for a disability insurance policy

 

unless a copy of such the application is attached to or endorsed on

 

included in the policy when the policy is issued. as a part

 

thereof. For purposes of this subsection, an application is not

 

included in a policy unless the policy specifically states that it

 

includes the application.

 

     (2) If any such a policy described in subsection (1) that was

 

delivered or issued for delivery to any a person in this state

 

shall be is reinstated or renewed , and the insured or the a

 

beneficiary or assignee of such the policy shall make makes a

 

written request to the insurer for a copy of the any application ,

 

if any, for such reinstatement or renewal, the insurer shall,

 

within 15 days after the receipt of such receiving the request at

 

its the home office or any a branch office of the insurer, deliver

 

or mail to the person making such the request , a copy of such the

 


application. If such the copy shall is not be so delivered or

 

mailed as required by this subsection, the insurer shall be is

 

precluded from introducing such the application as evidence in any

 

an action or proceeding based upon on or involving such the policy

 

or its the reinstatement or renewal.

 

     Sec. 2236. (1) A Except as otherwise provided in this section,

 

an insurer shall not deliver or issue for delivery in this state a

 

basic insurance policy form or annuity contract form; shall not be

 

issued or delivered to any person in this state, and an insurance

 

or annuity application form if a written application is required

 

and is to be made a part of the policy or contract, a printed rider

 

or indorsement form or form of renewal certificate; , and or a

 

group certificate in connection with the policy or contract , shall

 

not be issued or delivered to a person in this state, until unless

 

a copy of the form is filed with the department of insurance and

 

financial services and approved by the director of the department

 

of insurance and financial services as conforming with the

 

requirements of this act and not inconsistent with the law. Failure

 

of A form is considered approved if the director of the department

 

of insurance and financial services fails to act within 30 days

 

after its submittal constitutes approval. A form described in this

 

section, except a policy of disability insurance as defined under

 

this section. Except for disability insurance as described in

 

section 3400, must be an insurer shall plainly printed print the

 

form with a type size of not less than 8-point unless the director

 

of the department of insurance and financial services determines

 

that portions of the form that are printed with type less than 8-

 


point is are not deceptive or misleading.

 

     (2) An insurer may satisfy its obligations to make form

 

filings by becoming a member of, or a subscriber to, a rating

 

organization licensed under section 2436 or 2630 that makes those

 

the filings and by filing that are required under this section. An

 

insurer described in this subsection shall file with the director

 

of the department of insurance and financial services a copy of its

 

authorization of the rating organization to make the filings on its

 

behalf. Every Except as otherwise provided in this subsection, an

 

insurer that is a member of or subscriber to a rating organization

 

shall adhere to the form filings made on its behalf by the

 

organization. except that an An insurer may file with the director

 

of the department of insurance and financial services a substitute

 

form , and thereafter if a subsequent form filing by the rating

 

organization after the filling of a substitute form affects the use

 

of the substitute form, the insurer shall review its use and notify

 

the director of the department of insurance and financial services

 

whether to withdraw its substitute form.

 

     (3) Beginning January 1, 1992, the The director of the

 

department of insurance and financial services shall not approve a

 

form filed under this section providing that provides for or

 

relating relates to an insurance policy or an annuity contract for

 

personal, family, or household purposes if the form fails to obtain

 

the following readability score or meet the other requirements of

 

this subsection, as applicable:

 

     (a) The readability score must not be less than 45, as

 

determined by the method provided in subdivisions (b) and (c).

 


     (b) The readability score shall be is determined as follows:

 

     (i) For a form containing not more than 10,000 words, the

 

entire form shall must be analyzed. For a form containing more than

 

10,000 words, not less fewer than two 200-word samples per page

 

shall must be analyzed instead of the entire form. The samples must

 

be separated by at least 20 printed lines.

 

     (ii) Count the number of words and sentences in the form or

 

samples and divide the total number of words by the total number of

 

sentences. Multiply this quotient by a factor of 1.015.

 

     (iii) Count the total number of syllables in the form or

 

samples and divide the total number of syllables by the total

 

number of words. Multiply this quotient by a factor of 84.6. As

 

used in this subparagraph, "syllable" means a unit of spoken

 

language consisting of 1 or more letters of a word as indicated by

 

an accepted dictionary. If the dictionary shows 2 or more equally

 

acceptable pronunciations of a word, the pronunciation containing

 

fewer syllables may be used.

 

     (iv) Add the figures obtained in subparagraphs (ii) and (iii)

 

and subtract this sum from 206.835. The figure obtained equals the

 

readability score for the form.

 

     (c) For the purposes of subdivision (b)(ii) and (iii), the

 

following procedures shall must be used:

 

     (i) A contraction, hyphenated word, or numbers and letters

 

when separated by spaces is are counted as 1 word.

 

     (ii) A unit of words ending with a period, semicolon, or

 

colon, but excluding headings and captions, is counted as 1

 

sentence.

 


     (d) In determining the readability score, all of the following

 

apply to the method provided in subdivisions (b) and (c):

 

     (i) Shall It must be applied to an insurance policy form or an

 

annuity contract , together with a rider or indorsement form

 

usually associated with the insurance policy form or annuity

 

contract. It may be applied to a group of policy, contract, rider,

 

or indorsement forms that have substantially the same language

 

resulting in a single readability score for those forms.

 

     (ii) Shall It must not be applied to words or phrases a word

 

or phrase that are is defined in an insurance policy form , or an

 

annuity contract , or riders, indorsements, a rider, indorsement,

 

or group certificates under an certificate associated with the

 

insurance policy form or annuity contract.

 

     (iii) Shall It must not be applied to language specifically

 

agreed upon through collective bargaining or required by a

 

collective bargaining agreement.

 

     (iv) Shall It must not be applied to language that is

 

prescribed by or based on state or federal statute or by any

 

related rules, or regulations, promulgated under a state or federal

 

statute.or orders.

 

     (v) It must not be applied to medical terms that are included

 

in the form for coverage purposes.

 

     (e) The form must contain both of the following:

 

     (i) Topical captions.

 

     (ii) An identification of exclusions.

 

     (f) Each Except as otherwise provided in this subdivision, an

 

insurance policy and or annuity contract that has more than 3,000

 


words printed on not more than 3 pages of text or that has more

 

than 3 pages of text regardless of the number of words must contain

 

a table of contents. This subdivision does not apply to riders or

 

indorsements.

 

     (g) Each rider or indorsement form that changes coverage must

 

do all of the following:

 

     (i) Contain a properly descriptive title.

 

     (ii) Reproduce either the entire paragraph or the provision as

 

changed.

 

     (iii) Be At the time of filing, be accompanied by an

 

explanation of the change.

 

     (h) If a computer system approved by the director of the

 

department of insurance and financial services calculates the

 

readability score of a form as being in compliance with this

 

subsection, the form is considered in compliance with the

 

readability score requirements of this subsection.

 

     (i) A variable life product or variable annuity product

 

approved by the United States securities and exchange commission

 

Securities and Exchange Commission for sale in this state is

 

compliant considered in compliance with this section.

 

     (4) After January 1, 1992, any An insurer shall submit for

 

approval under subsection (3) a change or addition to a policy or

 

annuity contract form for personal, family, or household purposes,

 

whether by indorsement, rider, or otherwise, or a change or

 

addition to a rider or indorsement form to associated with the

 

policy form or annuity contract form, which policy or annuity

 

contract if the form has not been previously approved under

 


subsection (3) , shall be submitted for approval under subsection

 

(3).and the change or addition significantly changes the meaning of

 

the original text.

 

     (5) Upon written notice to the insurer, the director of the

 

department of insurance and financial services may, on a case-by-

 

case review, disapprove, withdraw approval, or prohibit the

 

issuance, advertising, or delivery of any a form to any person in

 

this state if the form violates this act , or contains

 

inconsistent, ambiguous, or misleading clauses. , or contains

 

exceptions and conditions that unreasonably or deceptively affect

 

the risk purported to be assumed in the general coverage of the

 

policy. The director shall specify in the notice must specify the

 

objectionable provisions or conditions and state the reasons for

 

the director of the department of insurance and financial services'

 

decision. If the form is legally in use by the insurer in this

 

state, the notice must director shall give the effective date of

 

the director of the department of insurance and financial services'

 

disapproval in the notice, which shall must not be less than 30

 

days after the mailing or delivery of the notice to the insurer. If

 

the form is not legally in use, the disapproval is effective

 

immediately.

 

     (6) If a form is disapproved or approval is withdrawn under

 

this act, the insurer is entitled upon on demand to a hearing

 

before the director of the department of insurance and financial

 

services or a deputy director of the department of insurance and

 

financial services within 30 days after the notice of disapproval

 

or of withdrawal of approval. After the hearing, the director of

 


the department of insurance and financial services shall make

 

findings of fact and law , and either affirm, modify, or withdraw

 

his or her original order or decision. An insurer shall not issue

 

the form after a final determination of disapproval or withdrawal

 

of approval.

 

     (7) Any issuance, use, or delivery by an insurer of any a form

 

without the prior approval of the director of the department of

 

insurance and financial services as required by under subsection

 

(1) or after withdrawal of approval as provided by under subsection

 

(5) is a separate violation for which the director of the

 

department of insurance and financial services may order the

 

imposition of a civil penalty of $25.00 for each offense, but not

 

to exceed the a maximum penalty of $500.00 for any 1 series of

 

offenses relating to any 1 basic policy form. , which The attorney

 

general may act to recover the penalty may be recovered by the

 

attorney general under this subsection as provided in section 230.

 

     (8) The filing requirements of this section do not apply to

 

any of the following:

 

     (a) Insurance against loss of or damage to any of the

 

following:

 

     (i) Imports, exports, or domestic shipments.

 

     (ii) Bridges, tunnels, or other instrumentalities of

 

transportation and communication.

 

     (iii) Aircraft and attached equipment.

 

     (iv) Vessels and watercraft that are under construction, or

 

are owned by or used in a business, or having have a straight-line

 

hull length of more than 24 feet.

 


     (b) Insurance against loss resulting from liability, other

 

than worker's disability compensation or employers' liability

 

arising out of the ownership, maintenance, or use of any of the

 

following:

 

     (i) Imports, exports, or domestic shipments.

 

     (ii) Aircraft and attached equipment.

 

     (iii) Vessels and watercraft that are under construction, or

 

are owned by or used in a business, or having have a straight-line

 

hull length of more than 24 feet.

 

     (c) Surety bonds other than fidelity bonds.

 

     (d) Policies, riders, indorsements, or forms of unique

 

character designed for and used with relation to insurance upon on

 

a particular subject, or that relate to the manner of distribution

 

of benefits or to the reservation of rights and benefits under life

 

or disability insurance policies and are used at the request of the

 

individual policyholder, contract holder, or certificate holder.

 

Beginning September 1, 1968, the director of the department of

 

insurance and financial services by By order, the director may

 

exempt from the filing requirements of this section and sections

 

2242, 3606, 3401a and 4430 for so as long as he or she considers

 

proper any insurance document or form, except that portion of the

 

document or form that establishes a relationship between group

 

disability insurance and personal protection insurance benefits

 

subject to exclusions or deductibles under section 3109a, as

 

specified in the order to which this section is not practicably

 

applied, or the filing and approval of which are considered

 

unnecessary for the protection of the public. Insurance documents

 


or forms providing medical payments or income replacement benefits,

 

except that portion of the document or form that establishes a

 

relationship between group disability insurance and personal

 

protection insurance benefits subject to exclusions or deductibles

 

under section 3109a, exempt by order of the director of the

 

department of insurance and financial services from the filing

 

requirements of this section and sections 2242 and 3606 section

 

3401a are considered approved by the director of the department of

 

insurance and financial services for purposes of section 3430.

 

     (e) Insurance that meets An insurance policy to which both of

 

the following apply:

 

     (i) Is The insurance is sold to an exempt commercial

 

policyholder.

 

     (ii) Contains The insurance policy contains a prominent

 

disclaimer that states "This policy is exempt from the filing

 

requirements of section 2236 of the insurance code of 1956, 1956 PA

 

218, MCL 500.2236." or words that are substantially similar.

 

     (9) Notwithstanding any provision of this act to the contrary,

 

a health insurer may satisfy a requirement for the delivery of an

 

insurance form or notice required by this act to a subscriber,

 

insured, enrollee, or contract holder by doing all of the

 

following:

 

     (a) Taking appropriate and necessary measures reasonably

 

calculated to ensure that the system for furnishing a form or

 

notice meets all of the following requirements:

 

     (i) It results in the actual receipt of a delivered form or

 

notice.

 


     (ii) It protects the confidentiality of a subscriber's,

 

insured's, enrollee's, or contract holder's personal information.

 

     (b) Ensuring that an electronically delivered form or notice

 

is prepared and furnished in a manner consistent with the style,

 

format, and content requirements applicable to the particular form

 

or notice.

 

     (c) On request, delivering to the subscriber, insured,

 

enrollee, or contract holder a paper version of an electronically

 

delivered form or notice.

 

     (10) (9) As used in this section and sections 2401 and 2601,

 

"exempt commercial policyholder" means an insured that purchases

 

the insurance for other than personal, family, or household

 

purposes.

 

     (11) (10) Every An order made by the director of the

 

department of insurance and financial services under the provisions

 

of this section is subject to court review as provided in section

 

244.

 

     Sec. 2237. No policy of An insurer shall not deliver in this

 

state an insurance policy issued under the provisions of chapters

 

chapter 34, and 36 of this act, to take effect after June 30, 1962,

 

shall contain any or issue the policy for delivery in this state,

 

if the policy contains a provision restricting that restricts the

 

liability of the insurer with respect to pay expenses , for which

 

payment would be legally required in the absence of insurance, on

 

the ground that such because the expenses were are incurred while

 

the person insured is in a hospital, institution, or other facility

 

operated by the this state or a political subdivision thereof.of

 


this state if the insured would be legally required to pay the

 

expenses in the absence of insurance.

 

     Sec. 3400. (1) The term "policy of disability insurance" as As

 

used in this chapter, "disability insurance policy" includes any an

 

insurance policy or insurance contract of insurance that insures

 

against loss resulting from sickness or from bodily injury or death

 

by accident, or both, including also the granting of specific

 

hospital benefits and medical, surgical, and sick-care benefits to

 

any person, an individual, family, or group, subject to the

 

exclusions set forth or referred to in provided in this section.

 

     (2) Nothing in this This chapter shall does not apply to or

 

affect any of the following:

 

     (a) Any policy of A liability or workmen's worker's disability

 

compensation insurance policy, with or without regardless of

 

whether supplementary expense coverage therein;is included.

 

     (b) Any policy or contract of A reinsurance ; orpolicy or

 

contract.

 

     (c) Life insurance, endowment, or annuity contracts, or

 

contracts supplemental thereto which to life insurance, endowment,

 

or annuity contracts, that only contain only such provisions

 

relating to disability insurance as (i) provide that do any of the

 

following:

 

     (i) Provide additional benefits in case of death or

 

dismemberment or loss of sight by accident. , or as (ii) operate

 

     (ii) Operate to safeguard such the contracts against lapse ,

 

or to give a special surrender value, or special benefit, or an

 

annuity in the event that the insured or annuitant shall become

 


becomes totally and permanently disabled, as defined by the

 

contract or supplemental contract. ; all of which A supplemental

 

contracts shall be issuable contract described in this subparagraph

 

must be issued under the authority of section 602.

 

     (3) The An insurer may omit the provisions of this chapter

 

contained in required under sections 3407, (entire contract;

 

changes), 3411, (reinstatement), and 3420 (physical examinations

 

and autopsy), may be omitted from ticket policies sold only to

 

passengers by common carriers.

 

     (4) Section 3475 of this chapter shall apply applies to group,

 

blanket, or family expense disability insurance contracts and the

 

remaining provisions of this chapter shall apply to such group,

 

blanket, or family expense disability insurance contracts only as

 

provided in this chapter. 36.

 

     Sec. 3400a. (1) As used in this chapter, "group disability

 

insurance" means voluntary disability insurance that covers 2 or

 

more employees or members, with or without their eligible

 

dependents, written under a master policy issued to a governmental

 

corporation, unit, agency, or department of a governmental entity,

 

to a corporation, copartnership, or individual employer, or, on

 

application of an executive officer or trustee of the association,

 

to an association that has a constitution or bylaws and that is

 

formed in good faith for purposes other than that of obtaining

 

insurance, and under which officers, members, employees, or classes

 

or departments of the association may be insured for their

 

individual benefit.

 

     (2) Notwithstanding subsection (1), a group disability

 


insurance policy may be issued to a trust or trustees of a fund

 

established by 2 or more employers to insure 1 or more employees of

 

the employers.

 

     Sec. 3400b. As used in this chapter, "health insurance policy"

 

means an expense-incurred hospital, medical, or surgical policy,

 

certificate, or contract.

 

     Sec. 3401a. (1) An insurer authorized to write disability

 

insurance in this state may issue group disability insurance

 

policies.

 

     (2) Except as otherwise provided in section 2236(8)(d), an

 

insurer shall not deliver or issue for delivery in this state a

 

group disability insurance policy unless a copy of the form has

 

been filed with and approved by the director.

 

     Sec. 3402. No policy of An insurer shall not deliver or issue

 

for delivery in this state a disability insurance , as defined in

 

section 3400 (1), shall be delivered or issued for delivery to any

 

person in this state policy for an individual or family unless all

 

of the following requirements are met:

 

     (a) (1) The entire money and other considerations therefor for

 

the policy are expressed therein; andin the policy.

 

     (b) (2) The time at which the insurance takes effect and

 

terminates is expressed therein; andin the policy.

 

     (c) (3) It purports to insure Except as otherwise provided in

 

this subdivision, only 1 person, except that a individual is

 

insured under the policy. A disability insurance policy may insure,

 

originally or by subsequent amendment, upon the application of an

 

adult member of a family who shall be deemed is the policyholder,

 


any 2 or more eligible members of that family, including husband,

 

wife, dependent children or any children under a specified age,

 

which shall not exceed 19 years and any other person individual

 

dependent upon the policyholder. ; andThe age specified in a policy

 

under this subdivision must not exceed 19 years or, if the policy

 

is a health insurance policy, 26 years.

 

     (4) The style, arrangement and over-all appearance of the

 

policy give no undue prominence to any portion of the text, and

 

unless every printed portion of the text of the policy and of any

 

endorsements or attached papers is plainly printed in light-faced

 

type of a style in general use, the size of which shall be uniform

 

and not less than 10-point with a lower-case unspaced alphabet

 

length, not less than 120-point in length of line (the "text" shall

 

include all printed matter except the name and address of the

 

insurer, name or title of the policy, the brief description, if

 

any, and captions and subcaptions); and

 

     (5) The exceptions and reductions of indemnity are set forth

 

in the policy and, except those which are set forth in sections

 

3406 through 3454, are printed, at the insurer's option, either

 

included with the benefit provision to which they apply, or under

 

an appropriate caption such as "EXCEPTIONS", or "EXCEPTIONS AND

 

REDUCTIONS": Provided, That if an exception or reduction

 

specifically applies only to a particular benefit of the policy, a

 

statement of such exception or reduction shall be included with the

 

benefit provision to which it applies; and

 

     (6) Each such form, including riders and endorsements, shall

 

be identified by a form number in the lower left-hand corner of the

 


first page thereof; and

 

     (7) It contains no provision purporting to make any portion of

 

the charter, rules, constitution or bylaws of the insurer a part of

 

the policy unless such portion is set forth in full in the policy,

 

except in the case of the incorporation of, or reference to, a

 

statement of rates or classification of risks, or short-rate table

 

filed with the commissioner.

 

     Sec. 3402a. An insurer shall include all of the following

 

provisions in a group disability insurance policy:

 

     (a) That the policy, application of the employer or of an

 

executive officer or trustee of an association, and the individual

 

applications, if any, of the employees or members insured,

 

constitute the entire contract between the parties. The insurer's

 

identification of what constitutes the entire contract creates a

 

rebuttable presumption that the identified items are the entire

 

contract.

 

     (b) That a statement made by the employer, the executive

 

officer or trustee of an association, or an individual employee or

 

member, in the absence of fraud, is a representation and not a

 

warranty. An insurer shall not use a statement made by the

 

employer, the executive officer or trustee of an association, or an

 

individual employee or member as a defense to a claim under the

 

policy, unless the statement is contained in a written application.

 

     (c) That the insurer will issue to the employer or the

 

executive officer or trustee of an association, for delivery to an

 

employee or member who is insured under the policy, an individual

 

certificate that states the insurance protection to which the

 


employee or member is entitled and to whom benefits are payable.

 

     (d) That new employees or members, as applicable, who are

 

eligible and who apply will be added to the group or class

 

originally insured.

 

     Sec. 3402b. (1) Subject to the coordination of benefits act,

 

1984 PA 64, MCL 550.251 to 550.255, an insurer may include in a

 

group or nongroup disability insurance policy a provision for the

 

coordination of benefits otherwise payable under the policy with

 

benefits payable for the same loss under other group or nongroup

 

disability insurance. An insurer that does not include in a group

 

or nongroup disability insurance policy a provision for the

 

coordination of benefits as described in this subsection shall

 

coordinate benefits under the policy in the manner prescribed in

 

the coordination of benefits act, 1984 PA 64, MCL 550.251 to

 

550.255.

 

     (2) Subject to subsection (1), an insurer may include a

 

provision in a group or nongroup disability insurance policy that

 

benefits payable by the policy may be limited if there is other

 

valid coverage with another insurer that provides benefits for the

 

same loss on an expense-incurred basis. The insurer may provide

 

that if it is not given written notice on the application for

 

coverage that the other valid coverage exists, or if other coverage

 

is acquired after the effective date of the coverage, the only

 

liability under any expense-incurred coverage of the policy is the

 

amount of the covered claim that exceeds the benefits payable by

 

the other coverage. An insurer may apply benefits paid or payable

 

by the primary insurer to satisfy any deductibles, coinsurance, and

 


copayments with the policy. An insurer shall not apply payments

 

made by a primary insurer to reduce the policy maximum limits on

 

the policy. As used in this subsection, "other coverage" includes a

 

plan that provides coverage under a health insurance policy,

 

hospital or medical service subscriber contract, medical practice

 

or other prepayment plan, or other expense-incurred plan or

 

program. Other coverage does not include Medicaid, hospital daily

 

indemnity plans, specified disease only policies, or limited

 

occurrence policies that provide only for intensive care or

 

coronary care at a hospital, first aid outpatient medical expenses

 

resulting from accidents, or specified accidents such as travel

 

accidents.

 

     (3) If there are more than 1 group or nongroup disability

 

insurance policies that cover the same loss and contain a provision

 

described in subsection (2), and the insurers each pay a share of

 

the covered expenses for the claim, neither insurer is required to

 

pay more than it would have paid had it been the primary insurer.

 

     Sec. 3402c. (1) For purposes of this chapter, family expense

 

insurance is accident and health insurance that is written under 1

 

policy issued to the head of a family who may be either spouse and

 

that insures the head of the family and 1 or more dependents,

 

including a nondependent spouse. Benefits under a family expense

 

insurance policy, except as applied to the head of the family, do

 

not include indemnification for loss of time from any cause.

 

     (2) An insurer authorized to write accident and health

 

insurance in this state may issue family expense insurance

 

policies.

 


     (3) An insurer shall not deliver or issue for delivery in this

 

state a family expense insurance policy unless a copy of the form

 

of the policy is filed with and approved by the director.

 

     (4) An insurer shall include in a family expense insurance

 

policy the applicable provisions of sections 3406 to 3466 and all

 

of the following provisions:

 

     (a) That the policy and the application signed by the

 

individual acting as the head of the family for the purpose of

 

family expense insurance constitute the entire contract between the

 

parties. The insurer's identification of what constitutes the

 

entire contract creates a rebuttable presumption that the

 

identified items are the entire contract.

 

     (b) That a statement made by the head of the family, in the

 

absence of fraud, is a representation and not a warranty. An

 

insurer shall not use a statement made by the head of the family as

 

a defense to a claim under the policy, unless the statement is

 

contained in a written application.

 

     (c) That new members of the family who are eligible, on

 

application of the head of the family, will be added to the family

 

group originally insured.

 

     (5) A family expense insurance policy is subject to sections

 

3474 and 3474a.

 

     Sec. 3402d. (1) For purposes of this chapter, blanket

 

disability insurance is disability insurance that covers special

 

groups of individuals, as follows:

 

     (a) A policy issued to a common carrier as the policyholder

 

and that covers a group defined as all individuals who are

 


passengers of the common carrier.

 

     (b) A policy issued to an employer as the policyholder and

 

that covers all employees or any group of employees defined by

 

reference to exceptional hazards incidental to the employment.

 

     (c) A policy issued to a university, college, school, or other

 

educational institution, or to the head or principal of the

 

university, college, school, or institution as the policyholder,

 

that covers students or teachers.

 

     (d) A policy issued to a volunteer fire department, first aid

 

group, or other volunteer group as the policyholder that covers all

 

of the members of the department or group.

 

     (e) A policy issued to a creditor as the policyholder that

 

insures debtors of the creditor.

 

     (f) A policy issued to a sports team or camp as the

 

policyholder that covers members or campers.

 

     (2) In the discretion of the director, blanket disability

 

insurance may be issued to any other special group of individuals

 

that is substantially similar to a group described in subsection

 

(1).

 

     Sec. 3402e. (1) An insurer authorized to write disability

 

insurance in this state may issue blanket disability insurance

 

policies.

 

     (2) An insurer shall not deliver or issue for delivery in this

 

state a blanket disability insurance policy unless a copy of the

 

form of the policy is filed with and approved by the director.

 

     (3) A blanket disability insurance policy is subject to

 

sections 3474 and 3474a.

 


     Sec. 3402f. An insurer shall include in a blanket disability

 

insurance policy the applicable provisions of sections 3406 to 3466

 

and all of the following provisions:

 

     (a) That the policy and the application signed by the

 

policyholder constitute the entire contract between the parties.

 

The insurer's identification of what constitutes the entire

 

contract creates a rebuttable presumption that the identified items

 

are the entire contract.

 

     (b) That a statement made by the policyholder, in the absence

 

of fraud, is a representation and not a warranty. An insurer shall

 

not use a statement made by the policyholder as a defense to a

 

claim under the policy, unless the statement is contained in a

 

written application.

 

     (c) That individuals who are eligible for coverage, on

 

application of the policyholder, will be added to the group or

 

class originally insured.

 

     Sec. 3402g. (1) An insurer shall not require an individual

 

application from an individual covered under a blanket disability

 

insurance policy. The director may require the insurer to furnish a

 

certificate to each individual insured under a blanket disability

 

policy.

 

     (2) Except as otherwise provided in this subsection, an

 

insurer shall pay benefits under a blanket disability insurance

 

policy to the insured or to the insured's designated beneficiary or

 

estate. If the insured is a minor or developmentally disabled, an

 

insurer may pay benefits under a blanket disability insurance

 

policy to the insured's parent, guardian, or other person to which

 


the insured is a dependent. An insurer may provide in a blanket

 

disability insurance policy that, with the consent of the insured,

 

the benefits may be paid directly to a person that legally

 

furnishes hospital, medical, surgical, or sick-care services to the

 

insured, within the limits under the policy and without other

 

preference as to creditors.

 

     Sec. 3402h. Sections 3402d to 3402g do not affect the legal

 

liability of a policyholder for the death of or injury to an

 

employee, member, or other individual insured under the blanket

 

disability insurance policy.

 

     Sec. 3403. (1) Individual disability insurance policies

 

providing An insurer that delivers, issues for delivery, or renews

 

in this state a health insurance policy that offers dependent

 

coverage on an expense incurred basis which provide coverage for a

 

family member of the insured shall, as to that family member's

 

coverage, also provide that shall include both of the following

 

provisions in the policy:

 

     (a) That the disability health insurance benefits applicable

 

for children shall be are payable with respect to a newly born

 

child of the insured from the moment of birth.

 

     (b) (2) The That the coverage for newly born children shall

 

consist consists of coverage of injury or sickness including the

 

necessary care and treatment of medically diagnosed congenital

 

defects and birth abnormalities.

 

     (2) (3) If payment of a specific premium is required to

 

provide coverage for a child under a health insurance policy, an

 

insurer may include a provision in the policy may require that

 


notification that requires the insured to notify the insurer of the

 

birth of a newly born child and payment of pay the required premium

 

shall be furnished to the insurer within 31 days after the date of

 

birth in order to have the coverage continue beyond the 31-day

 

period.

 

     (3) An insurer that delivers, issues for delivery, or renews

 

in this state a health insurance policy that offers dependent

 

coverage shall not deny enrollment to an insured's child on any of

 

the following grounds:

 

     (a) The child was born out of wedlock.

 

     (b) The child is not claimed as a dependent on the insured's

 

federal income tax return.

 

     (c) The child does not reside with the insured or in the

 

insurer's service area.

 

     Sec. 3404. If any The director may require that a policy is

 

issued by an insurer domiciled in this state for delivery to a

 

person residing in another state , and meet the standards

 

prescribed in sections 2212a, 3402, and 3406 to 3466 if the

 

official having responsibility that is responsible for the

 

administration of the insurance laws of such the other state shall

 

have advised advises the commissioner director that any such the

 

policy is not subject to approval or disapproval by such the

 

official. , the commissioner may by ruling require that such policy

 

meet the standards set forth in section 3402 and in sections 3406

 

through 3466.

 

     Sec. 3405. (1) For the purpose of doing business as an

 

organization under the prudent purchaser act, 1984 PA 233, MCL

 


550.51 to 550.63, an insurer authorized in this state to write

 

disability health insurance that provides coverage for hospital,

 

nursing, medical, surgical, or sick-care benefits may enter into

 

prudent purchaser agreements with providers of hospital, nursing,

 

medical, surgical, or sick-care services pursuant to this section

 

and the prudent purchaser act, 1984 PA 233, MCL 550.51 to 550.63.

 

     (2) An insurer may offer disability health insurance policies

 

under which the insured persons shall be required, as a condition

 

of coverage, to obtain hospital, nursing, medical, surgical, or

 

sick-care health care services exclusively from health care

 

providers who have entered into prudent purchaser agreements. A

 

person to whom a policy described in this subsection is offered

 

shall also be offered a policy that does not do any of the

 

following:

 

     (a) As a condition of coverage, require insured persons to

 

obtain services exclusively from health care providers who have

 

entered into prudent purchaser agreements.

 

     (b) Give a financial advantage or other advantage to an

 

insured person who elects to obtain services from health care

 

providers who have entered into prudent purchaser agreements.

 

     (3) An insurer may offer disability health insurance policies

 

under which insured persons who elect to obtain hospital, nursing,

 

medical, surgical, or sick-care health care services from health

 

care providers who have entered into prudent purchaser agreements

 

realize a financial advantage or other advantage by selecting

 

providers who have entered into prudent purchaser agreements.

 

Policies offered under this subsection shall not, as a condition of

 


coverage, require insured persons to obtain hospital, nursing,

 

medical, surgical, or sick-care services exclusively from health

 

care providers who have entered into prudent purchaser agreements.

 

A person to whom a policy described in this subsection is offered

 

shall also be offered a policy that does not do any of the

 

following:

 

     (a) As a condition of coverage, require insured persons to

 

obtain services exclusively from health care providers who have

 

entered into prudent purchaser agreements.

 

     (b) Give a financial advantage or other advantage to an

 

insured person who elects to obtain services from health care

 

providers who have entered into prudent purchaser agreements.

 

     (4) An insurer shall not charge rates for coverage under

 

policies issued under this section that are unreasonably lower than

 

what is necessary to meet the expenses of the insurer for providing

 

this the coverage and or that have an anticompetitive effect or

 

result in predatory pricing in relation to prudent purchaser

 

agreement coverages offered by other organizations.

 

     (5) An insurer shall not discriminate against a class of

 

health care providers when entering into prudent purchaser

 

agreements with health care providers for its provider panel. This

 

subsection does not do any of the following:

 

     (a) Prohibit the formation of a provider panel consisting of a

 

single class of providers if a service provided for in the

 

specifications of a purchaser may legally be provided only by a

 

single class of providers.

 

     (b) Prohibit the formation of a provider panel that conforms

 


to the specifications of a purchaser of the coverage authorized by

 

this section if the specifications do not exclude any class of

 

health care providers who may legally perform the services included

 

in the coverage.

 

     (c) Require an organization that has uniformly applied the

 

standards filed under section 3(3) of the prudent purchaser act,

 

1984 PA 233, MCL 550.53, to contract with any individual provider.

 

     (6) Nothing in 1984 PA 280 applies to any contract that is in

 

existence before December 20, 1984, or the renewal of that

 

contract.

 

     (6) (7) Notwithstanding any other provision of this act to the

 

contrary, if coverage under a prudent purchaser agreement provides

 

for benefits for services that are within the scope of practice of

 

optometry, an insurer is not required to provide coverage or

 

reimburse for a practice of optometry service unless that service

 

was included in the definition of practice of optometry under

 

section 17401 of the public health code, 1978 PA 368, MCL

 

333.17401, as of May 20, 1992.

 

     (7) (8) Notwithstanding any other provision of this act to the

 

contrary, if coverage under a prudent purchaser agreement provides

 

for benefits for services that are within the scope of practice of

 

chiropractic, an insurer is not required to provide coverage or

 

reimburse for a practice of chiropractic service unless that

 

service was included in the definition of practice of chiropractic

 

under section 16401 of the public health code, 1978 PA 368, MCL

 

333.16401, as of January 1, 2009.

 

     (8) (9) Notwithstanding any other provision of this act to the

 


contrary, if coverage under a prudent purchaser agreement provides

 

for benefits for services that are provided by a licensed physical

 

therapist or physical therapist assistant under the supervision of

 

a licensed physical therapist, an insurer is not required to

 

provide coverage or reimburse for services provided by a physical

 

therapist or a physical therapist assistant unless that service was

 

provided by a licensed physical therapist or physical therapist

 

assistant under the supervision of a licensed physical therapist

 

pursuant to a prescription from a health care professional who

 

holds a license issued under part 166, 170, 175, or 180 of the

 

public health code, 1978 PA 368, MCL 333.16601 to 333.16648,

 

333.17001 to 333.17084, 333.17501 to 333.17556, and 333.18001 to

 

333.18058, or the equivalent license issued by another state.

 

     Sec. 3406a. A hospital, medical or surgical expense incurred

 

An insurer that delivers, issues for delivery, or renews in this

 

state a health insurance policy shall offer benefits for prosthetic

 

devices to maintain or replace the body parts of an individual who

 

has undergone a mastectomy. This coverage shall must provide that

 

reasonable charges for medical care and attendance for an

 

individual who receives reconstructive surgery following a

 

mastectomy or who is fitted with a prosthetic device shall be are

 

covered benefits after the individual's attending physician has

 

certified the medical necessity or desirability of a proposed

 

course of rehabilitative treatment. The cost and fitting of a

 

prosthetic device following a mastectomy is included within the

 

type of coverage intended by required under this section.

 

     Sec. 3406c. (1) An insurer that delivers, issues for delivery,

 


or renews in this state an expense-incurred hospital, medical, or

 

surgical a health insurance policy that provides coverage for

 

inpatient hospital care shall offer to include coverage for hospice

 

care. As used in this section, "hospice" means hospice as defined

 

in section 20106 of the public health code, Act No. 368 of the

 

Public Acts of 1978, being section 333.20106 of the Michigan

 

Compiled Laws.a health care program that provides a coordinated set

 

of services rendered at home or in outpatient or institutional

 

settings for individuals suffering from a disease or condition with

 

a terminal prognosis.

 

     (2) If hospice care coverage is provided, an insurer shall

 

include a description of the hospice coverage shall be included in

 

communications sent to the insured.

 

     Sec. 3406d. (1) Subject to dollar limits, deductibles, and

 

coinsurance provisions that are not less favorable than those for

 

physical illness generally, an insurer which that delivers, issues

 

for delivery, or renews in this state a hospital, medical, or

 

surgical expense incurred health insurance policy shall offer or

 

include coverage for breast cancer diagnostic services, breast

 

cancer outpatient treatment services, and breast cancer

 

rehabilitative services.

 

     (2) Subject to dollar limits, deductibles, and coinsurance

 

provisions that are not less favorable than those for physical

 

illness generally, an insurer which that delivers, issues for

 

delivery, or renews in this state a hospital, medical, or surgical

 

expense incurred health insurance policy shall offer or include the

 

following coverage for breast cancer screening mammography:

 


     (a) If performed on a woman 35 years of age or older and under

 

40 years of age, coverage for 1 screening mammography examination

 

during that 5-year period.

 

     (b) If performed on a woman 40 years of age or older, coverage

 

for 1 screening mammography examination every calendar year.

 

     (3) As used in this section:

 

     (a) "Breast cancer diagnostic services" means a procedure

 

intended to aid in the diagnosis of breast cancer, delivered on an

 

inpatient or outpatient basis, including but not limited to

 

mammography, surgical breast biopsy, and pathologic examination and

 

interpretation.

 

     (b) "Breast cancer rehabilitative services" means a procedure

 

intended to improve the result of, or ameliorate the debilitating

 

consequences of, treatment of breast cancer, delivered on an

 

inpatient or outpatient basis, including but not limited to

 

reconstructive plastic surgery, physical therapy, and psychological

 

and social support services.

 

     (c) "Breast cancer screening mammography" means a standard 2-

 

view per breast, low-dose radiographic examination of the breasts,

 

using equipment designed and dedicated specifically for

 

mammography, in order to detect unsuspected breast cancer.

 

     (d) "Breast cancer outpatient treatment services" means a

 

procedure intended to treat cancer of the human breast, delivered

 

on an outpatient basis, including but not limited to surgery,

 

radiation therapy, chemotherapy, hormonal therapy, and related

 

medical follow-up services.

 

     (4) This section shall take effect November 1, 1989.

 


     Sec. 3406e. An insurer which that delivers, issues for

 

delivery, or renews in this state a hospital, medical, or surgical

 

expense incurred health insurance policy shall provide coverage in

 

each policy for a drug used in antineoplastic therapy and the

 

reasonable cost of its administration. Coverage shall must be

 

provided for any federal food and drug administration United States

 

Food and Drug Administration approved drug regardless of whether

 

the specific neoplasm for which the drug is being used as treatment

 

is the specific neoplasm for which the drug has received approval

 

by the federal food and drug administration United States Food and

 

Drug Administration if all of the following conditions are met:

 

     (a) The drug is ordered by a physician for the treatment of a

 

specific type of neoplasm.

 

     (b) The drug is approved by the federal food and drug

 

administration United States Food and Drug Administration for use

 

in antineoplastic therapy.

 

     (c) The drug is used as part of an antineoplastic drug

 

regimen.

 

     (d) Current medical literature substantiates its efficacy and

 

recognized oncology organizations generally accept the treatment.

 

     (e) The physician has obtained informed consent from the

 

patient for the treatment regimen which that includes federal food

 

and drug administration United States Food and Drug Administration

 

approved drugs for off-label indications.

 

     Sec. 3406j. (1) An insurer that delivers, issues for delivery,

 

or renews in this state an expense-incurred hospital, medical, or

 

surgical a health insurance policy or certificate shall not rate,

 


cancel coverage on, refuse to provide coverage for, or refuse to

 

issue or renew a health insurance policy or certificate solely

 

because an insured or applicant for insurance is or has been a

 

victim of domestic violence.

 

     (2) This section does not prohibit an insurer from inquiring

 

about, underwriting, or charging a different premium on the basis

 

of the individual's physical or mental condition, regardless of the

 

cause of the condition.

 

     (2) (3) An insurer shall is not be held civilly liable for any

 

cause of action that may result from compliance with this section.

 

     (4) This section applies to policies and certificates issued

 

or renewed on or after June 1, 1998.

 

     (3) (5) As used in this section, "domestic violence" means

 

inflicting bodily injury on, causing serious emotional injury or

 

psychological trauma to, or placing in fear of imminent physical

 

harm by threat or force a person who is a spouse or former spouse

 

of, has or has had a dating relationship with, resides or has

 

resided with, or has a child in common with the person committing

 

the violence.

 

     Sec. 3406k. (1) An expense-incurred hospital, medical, or

 

surgical policy or certificate delivered, issued insurer that

 

delivers, issues for delivery, or renewed renews in this state a

 

health insurance policy that provides coverage for emergency health

 

services and a health maintenance organization contract shall

 

provide coverage for medically necessary services provided to an

 

insured for the sudden onset of a medical condition that manifests

 

itself by signs and symptoms of sufficient severity, including

 


severe pain, such that a prudent layperson who possesses an average

 

knowledge of health and medicine could reasonably expect the

 

absence of immediate medical attention could reasonably be expected

 

to result in serious jeopardy to the individual's health or to a

 

pregnancy in the case of a pregnant woman, serious impairment to

 

bodily functions, or serious dysfunction of any bodily organ or

 

part. An insurer shall not require a physician to transfer a

 

patient before the physician determines that the patient has

 

reached the point of stabilization. An insurer shall not deny

 

payment for emergency health services up to the point of

 

stabilization provided to an insured under this subsection because

 

of either of the following:

 

     (a) The final diagnosis.

 

     (b) Prior authorization was not being given by the insurer

 

before emergency health services were provided.

 

     (2) As used in this section, "stabilization" means the point

 

at which no material deterioration of a condition is likely, within

 

reasonable medical probability, to result from or occur during

 

transfer of the patient.

 

     Sec. 3406l. (1) Except as otherwise provided in subsections

 

(2) and (3), an expense-incurred hospital, medical, or surgical

 

insurer that delivers, issues for delivery, or renews in this state

 

a health insurance policy or certificate that provides benefits for

 

emergency services shall provide for direct reimbursement to any

 

provider of covered medical transportation services or shall

 

provide that payment be made jointly to the insured and the

 

provider, if that the provider has not received payment for those

 


services from any other source.

 

     (2) Subsection (1) does not apply to a transaction between an

 

insurer and a medical transportation service provider if the

 

parties have entered into a contract providing for direct payment.

 

     (3) An insurer for a policy or certificate issued under

 

section 3405 or 3631 does not have to provide for direct

 

reimbursement to any nonaffiliated or nonparticipating provider for

 

medical transportation services that were not emergency health

 

services as defined described in section 3406k.

 

     (4) Subsection (1) applies to an expense-incurred hospital,

 

medical, or surgical policy or certificate that provides benefits

 

for emergency health services if the policy or certificate is

 

delivered, issued for delivery, or renewed in this state on or

 

after September 1, 2004.

 

     (4) (5) This section does not apply to a health maintenance

 

organization contract.

 

     Sec. 3406m. (1) An insurer that delivers, issues for delivery,

 

or renews in this state an expense-incurred hospital, medical, or

 

surgical a health insurance policy or certificate that requires an

 

insured to designate a participating primary care provider and

 

provides for annual well-woman examinations and routine obstetrical

 

and gynecologic services shall permit a female insured to access an

 

obstetrician-gynecologist for annual well-woman examinations and

 

routine obstetrical and gynecologic services.

 

     (2) An insurer shall not require prior authorization or

 

referral for access under subsection (1) to an obstetrician-

 

gynecologist who is participating with the insurer. An insurer may

 


require prior authorization or referral for access to a

 

nonparticipating obstetrician-gynecologist.

 

     (3) A An insurer shall include a description of the coverage

 

provided by required under this section shall be included by the

 

insurer in a communication sent to the insured or group purchaser

 

of coverage.

 

     Sec. 3406n. (1) An insurer that delivers, issues for delivery,

 

or renews in this state an expense-incurred hospital, medical, or

 

surgical a health insurance policy or certificate that requires an

 

insured to designate a participating primary care provider and

 

provides for dependent care coverage shall permit a dependent minor

 

insured to select and access a pediatrician for general pediatric

 

care services.

 

     (2) An insurer shall not require prior authorization or

 

referral for access under subsection (1) to a pediatrician who

 

participates with the insurer. An insurer may require prior

 

authorization or referral for access to a nonparticipating

 

pediatrician.

 

     Sec. 3406o. (1) An insurer that delivers, issues for delivery,

 

or renews in this state an expense-incurred hospital, medical, or

 

surgical a health insurance policy or certificate that provides

 

coverage for prescription drugs and limits those benefits to drugs

 

included in a formulary shall do all of the following:

 

     (a) Provide for participation of participating physicians,

 

dentists, and pharmacists in the development of the formulary.

 

     (b) Disclose to health care providers and upon request to

 

insureds the nature of the formulary restrictions.

 


     (c) Provide for exceptions from the formulary limitation when

 

a nonformulary alternative is a medically necessary and appropriate

 

alternative. This subdivision does not prevent an insurer from

 

establishing prior authorization requirements or another process

 

for consideration of coverage or higher cost-sharing for

 

nonformulary alternatives. Notice as to whether or not an exception

 

under this subdivision has been granted shall be given by the

 

insurer within 24 hours after receiving all information necessary

 

to determine whether the exception should be granted.

 

     (2) On a request for an expedited review of coverage for

 

prescription drugs based on exigent circumstances, an insurer shall

 

make a determination and notify the enrollee or the enrollee's

 

designee and the prescribing physician, or other prescriber, as

 

appropriate, of the determination within 24 hours after the insurer

 

receives the request. For purposes of this subsection, exigent

 

circumstances exist when an enrollee is suffering from a health

 

condition that may seriously jeopardize the enrollee's life,

 

health, or ability to regain maximum function or when an enrollee

 

is undergoing a current course of treatment using a nonformulary

 

drug.

 

     (3) If subsection (2) does not apply, an insurer shall make a

 

determination on coverage for prescription drugs and notify the

 

enrollee or the enrollee's designee and the prescribing physician,

 

or other prescriber, as appropriate, of the determination within 72

 

hours after the insurer receives the request.

 

     Sec. 3406p. (1) An insurer providing an expense-incurred

 

hospital, medical, or surgical policy or certificate delivered or

 


issued that delivers, issues for delivery, or renews in this state

 

and a health maintenance organization a health insurance policy

 

shall establish and provide to insureds, enrollees, and

 

participating affiliated providers a program to prevent the onset

 

of clinical diabetes. This program for participating affiliated

 

providers shall must emphasize best practice guidelines to prevent

 

the onset of clinical diabetes and to treat diabetes, including,

 

but not limited to, diet, lifestyle, physical exercise and fitness,

 

and early diagnosis and treatment.

 

     (2) An insurer and a health maintenance organization providing

 

that provides a program pursuant to under subsection (1) shall

 

regularly measure the effectiveness of the program by regularly

 

surveying individuals covered by the health insurance policy. ,

 

certificate, or contract. Not later than 2 years after the

 

effective date of the amendatory act that added this section, each

 

insurer and health maintenance organization providing a program

 

pursuant to subsection (1) shall prepare a report containing the

 

results of the survey and shall provide a copy of the report to the

 

department of community health.

 

     (3) An expense-incurred hospital, medical, or surgical policy

 

or certificate delivered or issued insurer that delivers, issues

 

for delivery, or renews in this state and a health maintenance

 

organization contract a health insurance policy shall include

 

coverage for the following equipment, supplies, and educational

 

training for the treatment of diabetes, if determined to be

 

medically necessary and prescribed by an allopathic or osteopathic

 

physician:

 


     (a) Blood glucose monitors and blood glucose monitors for the

 

legally blind.

 

     (b) Test strips for glucose monitors, visual reading and urine

 

testing strips, lancets, and spring-powered lancet devices.

 

     (c) Syringes.

 

     (d) Insulin pumps and medical supplies required for the use of

 

an insulin pump.

 

     (e) Diabetes self-management training to ensure that persons

 

with diabetes are trained as to the proper self-management and

 

treatment of their diabetic condition.

 

     (4) An expense-incurred hospital, medical, or surgical policy

 

or certificate delivered or issued insurer that delivers, issues

 

for delivery, or renews in this state and a health maintenance

 

organization contract a health insurance policy that provides

 

outpatient pharmaceutical coverage directly or by rider shall

 

include the following coverage for the treatment of diabetes, if

 

determined to be medically necessary:

 

     (a) Insulin, if prescribed by an allopathic or osteopathic

 

physician.

 

     (b) Nonexperimental medication for controlling blood sugar, if

 

prescribed by an allopathic or osteopathic physician.

 

     (c) Medications used in the treatment of foot ailments,

 

infections, and other medical conditions of the foot, ankle, or

 

nails associated with diabetes, if prescribed by an allopathic,

 

osteopathic, or podiatric physician.

 

     (5) Coverage under subsection (3) for diabetes self-management

 

training is subject to all of the following:

 


     (a) Is The training is limited to completion of a certified

 

diabetes education program upon occurrence of if either of the

 

following applies:

 

     (i) If The training is considered medically necessary upon the

 

diagnosis of diabetes by an allopathic or osteopathic physician who

 

is managing the patient's diabetic condition and if the services

 

are is needed under a comprehensive plan of care to ensure therapy

 

compliance or to provide necessary skills and knowledge.

 

     (ii) If an An allopathic or osteopathic physician diagnoses

 

has diagnosed a significant change with long-term implications in

 

the patient's symptoms or conditions that necessitates changes in a

 

the patient's self-management or a significant change in medical

 

protocol or treatment modalities.

 

     (b) Shall The training must be provided by a diabetes

 

outpatient training program certified to receive medicaid or

 

medicare Medicaid or Medicare reimbursement or certified by the

 

department of community health. Training provided under this

 

subdivision shall must be conducted in group settings whenever

 

practicable.

 

     (6) Coverage under this section is not subject to dollar

 

limits, deductibles, or copayment provisions that are greater than

 

those for physical illness generally.

 

     (7) As used in this section, "diabetes" includes all of the

 

following:

 

     (a) Gestational diabetes.

 

     (b) Insulin-dependent diabetes.

 

     (c) Non-insulin-dependent diabetes.

 


     Sec. 3406q. (1) An expense-incurred hospital, medical, or

 

surgical policy or certificate delivered, issued insurer that

 

delivers, issues for delivery, or renewed renews in this state a

 

health insurance policy that provides pharmaceutical coverage and a

 

health maintenance organization contract that provides

 

pharmaceutical coverage shall provide coverage for an off-label use

 

of a federal food and drug administration United States Food and

 

Drug Administration approved drug and the reasonable cost of

 

supplies medically necessary to administer the drug.

 

     (2) Coverage for a drug under subsection (1) applies if all of

 

the following conditions are met:

 

     (a) The drug is approved by the federal food and drug

 

administration.United States Food and Drug Administration.

 

     (b) The drug is prescribed by an allopathic or osteopathic

 

physician for the treatment of either of the following:

 

     (i) A life-threatening condition so long as if the drug is

 

medically necessary to treat that the condition and the drug is on

 

the plan formulary or accessible through the health plan's

 

insurer's formulary procedures.

 

     (ii) A chronic and seriously debilitating condition so long as

 

if the drug is medically necessary to treat that the condition and

 

the drug is on the plan formulary or accessible through the health

 

plan's insurer's formulary procedures.

 

     (c) The drug has been recognized for treatment for the

 

condition for which it is prescribed by 1 of the following:

 

     (i) The American medical association Medical Association drug

 

evaluations.

 


     (ii) The American hospital formulary service Hospital

 

Formulary Service drug information.

 

     (iii) The United States pharmacopoeia dispensing information,

 

volume 1, "drug information for the health care

 

professional".Pharmacopoeia Dispensing Information, Volume 1, "Drug

 

Information for the Health Care Professional".

 

     (iv) Two articles from major peer-reviewed medical journals

 

that present data supporting the proposed off-label use or uses as

 

generally safe and effective unless there is clear and convincing

 

contradictory evidence presented in a major peer-reviewed medical

 

journal.

 

     (3) Upon request, the prescribing allopathic or osteopathic

 

physician shall supply to the insurer or health maintenance

 

organization documentation supporting compliance with subsection

 

(2).

 

     (4) This section does not prohibit the use of a copayment,

 

deductible, sanction, or a mechanism for appropriately controlling

 

the utilization of a drug that is prescribed for a use different

 

from the use for which the drug has been approved by the food and

 

drug administration. United States Food and Drug Administration.

 

This may include prior approval or a drug utilization review

 

program. Any copayment, deductible, sanction, prior approval, drug

 

utilization review program, or mechanism described in this

 

subsection shall must not be more restrictive than for prescription

 

coverage generally.

 

     (5) As used in this section:

 

     (a) "Chronic and seriously debilitating" means a disease or

 


condition that requires ongoing treatment to maintain remission or

 

prevent deterioration and that causes significant long-term

 

morbidity.

 

     (b) "Life-threatening" means a disease or condition where as

 

to which the likelihood of death is high unless the course of the

 

disease is interrupted or that has a potentially fatal outcome

 

where and as to which the end point of clinical intervention is

 

survival.

 

     (c) "Off-label" means the use of a drug for clinical

 

indications other than those stated in the labeling approved by the

 

federal food and drug administration.United States Food and Drug

 

Administration.

 

     Sec. 3406r. (1) As used in this section, "nurse midwife" means

 

an individual licensed as a registered professional nurse under

 

article 15 of the public health code, 1978 PA 368, MCL 333.16101 to

 

333.18838, who has been issued a specialty certification in the

 

practice of nurse midwifery by the Michigan board of nursing under

 

section 17210 of the public health code, 1978 PA 368, MCL

 

333.17210.

 

     (2) Effective March 1, 2005, a health maintenance organization

 

contract and an expense-incurred hospital, medical, or surgical

 

policy or certificate An insurer that delivers, issues for

 

delivery, or renews in this state a policy of health insurance that

 

provides coverage for obstetrical and gynecological services shall

 

include coverage for obstetrical and gynecological services whether

 

performed by a physician or a nurse midwife acting within the scope

 

of his or her license or specialty certification or shall do 1 or

 


both of the following:

 

     (a) Offer to provide coverage for obstetrical and

 

gynecological services whether performed by a physician or a nurse

 

midwife acting within the scope of his or her license or specialty

 

certification.

 

     (b) Offer to provide coverage for maternity services and

 

gynecological services rendered during pre- and post-natal care

 

whether performed by a physician or a nurse midwife acting within

 

the scope of his or her license or specialty certification.

 

     Sec. 3406s. (1) Except as otherwise provided in this section,

 

an expense-incurred hospital, medical, or surgical group or

 

individual policy or certificate delivered, issued insurer that

 

delivers, issues for delivery, or renewed renews in this state and

 

a health maintenance organization group or individual contract a

 

health insurance policy shall provide coverage for the diagnosis of

 

autism spectrum disorders and treatment of autism spectrum

 

disorders. An insurer and a health maintenance organization shall

 

not do any of the following:

 

     (a) Terminate coverage or refuse to deliver, execute, issue,

 

amend, adjust, or renew coverage solely because an individual is

 

diagnosed with, or has received treatment for, an autism spectrum

 

disorder.

 

     (b) Limit the number of visits an insured or enrollee may use

 

for treatment of autism spectrum disorders covered under this

 

section.

 

     (c) Deny or limit coverage under this section on the basis

 

that treatment is educational or habilitative in nature.

 


     (d) Except as otherwise provided in this subdivision, subject

 

coverage under this section to dollar limits, copays, deductibles,

 

or coinsurance provisions that do not apply to physical illness

 

generally. Coverage An insurer may limit coverage under this

 

section for treatment of autism spectrum disorders may be limited

 

to an insured or enrollee through 18 years of age and may be

 

subject the coverage to a maximum annual benefit as follows:

 

     (i) For a covered insured or enrollee through 6 years of age,

 

$50,000.00.

 

     (ii) For a covered insured or enrollee from 7 years of age

 

through 12 years of age, $40,000.00.

 

     (iii) For a covered insured or enrollee from 13 years of age

 

through 18 years of age, $30,000.00.

 

     (2) This section does not limit benefits that are otherwise

 

available to an insured or enrollee under a policy, contract, or

 

certificate. An insurer or health maintenance organization shall

 

utilize evidence-based care and managed care cost-containment

 

practices pursuant to the insurer's or health maintenance

 

organization's procedures so long as that if the care and those

 

practices are consistent with this section. The An insurer may

 

subject coverage under this section may be subject to other general

 

exclusions and limitations of the policy, contract, or certificate,

 

including, but not limited to, coordination of benefits,

 

participating affiliated provider requirements, restrictions on

 

services provided by family or household members, utilization

 

review of health care services including review of medical

 

necessity, case management, and other managed care provisions.

 


     (3) If an insured or enrollee is receiving treatment for an

 

autism spectrum disorder, an insurer or health maintenance

 

organization may, as a condition to providing the coverage under

 

this section, do all of the following:

 

     (a) Require a review of that the treatment consistent with

 

current protocols and may require a treatment plan. If requested by

 

the insurer, or health maintenance organization, the cost of

 

treatment review shall must be borne by the insurer. or health

 

maintenance organization.

 

     (b) Request the results of the autism diagnostic observation

 

schedule that has been used in the diagnosis of an autism spectrum

 

disorder for that the insured or enrollee.

 

     (c) Request that the autism diagnostic observation schedule be

 

performed on that the insured or enrollee not more frequently than

 

once every 3 years.

 

     (d) Request that an annual development evaluation be conducted

 

and the results of that the annual development evaluation be

 

submitted to the insurer. or health maintenance organization.

 

     (4) Beginning January 1, 2014, a A qualified health plan

 

offered through an American health benefit exchange established in

 

this state pursuant to the federal act is not required to provide

 

coverage under this section to the extent that it exceeds coverage

 

that is included in the essential health benefits as required

 

pursuant to the federal act. As used in this subsection, "federal

 

act" means the federal patient protection and affordable care act,

 

Public Law 111-148, as amended by the federal health care and

 

education reconciliation act of 2010, Public Law 111-152, and any

 


regulations promulgated under those acts.

 

     (5) This section does not apply to a short-term or 1-time

 

limited duration policy or certificate of no longer than 6 months

 

as described in section 2213b.

 

     (6) This section does not require the coverage of prescription

 

drugs and related services unless the insured or enrollee is

 

covered by a prescription drug plan. This section does not require

 

an insurer or health maintenance organization to provide coverage

 

for autism spectrum disorders to an insured or enrollee under more

 

than 1 of its health insurance policies. , certificates, or

 

contracts. If an insured or enrollee has more than 1 health

 

insurance policy , certificate, or contract that covers autism

 

spectrum disorders, the benefits provided are subject to the limits

 

of this section when coordinating benefits.

 

     (7) As used in this section:

 

     (a) "Applied behavior analysis" means the design,

 

implementation, and evaluation of environmental modifications,

 

using behavioral stimuli and consequences, to produce significant

 

improvement in human behavior, including the use of direct

 

observation, measurement, and functional analysis of the

 

relationship between environment and behavior.

 

     (b) "Autism diagnostic observation schedule" means the

 

protocol available through western psychological services Western

 

Psychological Services for diagnosing and assessing autism spectrum

 

disorders or any other standardized diagnostic measure for autism

 

spectrum disorders that is approved by the commissioner, director,

 

if the commissioner director determines that the diagnostic measure

 


is recognized by the health care industry and is an evidence-based

 

diagnostic tool.

 

     (c) "Autism spectrum disorders" means any of the following

 

pervasive developmental disorders as defined by the diagnostic and

 

statistical manual:Diagnostic and Statistical Manual:

 

     (i) Autistic disorder.

 

     (ii) Asperger's disorder.

 

     (iii) Pervasive developmental disorder not otherwise

 

specified.

 

     (d) "Behavioral health treatment" means evidence-based

 

counseling and treatment programs, including applied behavior

 

analysis, that meet both of the following requirements:

 

     (i) Are necessary to develop, maintain, or restore, to the

 

maximum extent practicable, the functioning of an individual.

 

     (ii) Are provided or supervised by a board certified behavior

 

analyst or a licensed psychologist so long as if the services

 

performed are commensurate with the psychologist's formal

 

university training and supervised experience.

 

     (e) "Diagnosis of autism spectrum disorders" means

 

assessments, evaluations, or tests, including the autism diagnostic

 

observation schedule, performed by a licensed physician or a

 

licensed psychologist to diagnose whether an individual has 1 of

 

the autism spectrum disorders.

 

     (f) "Diagnostic and statistical manual" or "DSM" Statistical

 

Manual" means the diagnostic and statistical manual of mental

 

disorders Diagnostic and Statistical Manual of Mental Disorders

 

published by the American psychiatric association Psychiatric

 


Association or other another manual that contains common language

 

and standard criteria for the classification of mental disorders

 

and that is approved by the commissioner, director, if the

 

commissioner director determines that the manual is recognized by

 

the health care industry and the classification of mental disorders

 

is at least as comprehensive as the manual published by the

 

American psychiatric association Psychiatric Association on the

 

effective date of this section.April 18, 2012.

 

     (g) "Pharmacy care" means medications prescribed by a licensed

 

physician and related services performed by a licensed pharmacist

 

and any health-related services considered medically necessary to

 

determine the need or effectiveness of the medications.

 

     (h) "Psychiatric care" means evidence-based direct or

 

consultative services provided by a psychiatrist licensed in the

 

state in which the psychiatrist practices.

 

     (i) "Psychological care" means evidence-based direct or

 

consultative services provided by a psychologist licensed in the

 

state in which the psychologist practices.

 

     (j) "Therapeutic care" means evidence-based services provided

 

by a licensed or certified speech therapist, occupational

 

therapist, physical therapist, or social worker.

 

     (k) "Treatment of autism spectrum disorders" means evidence-

 

based treatment that includes the following care prescribed or

 

ordered for an individual diagnosed with 1 of the autism spectrum

 

disorders by a licensed physician or a licensed psychologist who

 

determines the care to be medically necessary:

 

     (i) Behavioral health treatment.

 


     (ii) Pharmacy care.

 

     (iii) Psychiatric care.

 

     (iv) Psychological care.

 

     (v) Therapeutic care.

 

     (l) "Treatment plan" means a written, comprehensive, and

 

individualized intervention plan that incorporates specific

 

treatment goals and objectives and that is developed by a board

 

certified or licensed provider who has the appropriate credentials

 

and who is operating within his or her scope of practice, when the

 

treatment of an autism spectrum disorder is first prescribed or

 

ordered by a licensed physician or licensed psychologist as

 

described in subdivision (k).

 

     Sec. 3407. There Except as otherwise provided in this act, an

 

insurer shall be a provision as follows:include the following

 

provision in a disability insurance policy:

 

     ENTIRE CONTRACT; CHANGES: This policy, including the

 

applicable riders and endorsements; the application for coverage if

 

specified by the insurer; the identification card if specified by

 

the insurer; and the attached papers, if any, constitutes the

 

entire contract of insurance. No change in this policy shall be is

 

valid until approved by an executive officer of the insurer and

 

unless such the approval be is endorsed hereon on this policy or

 

attached hereto. No agent has to this policy. An insurance producer

 

does not have authority to change this policy or to waive any of

 

its provisions.

 

     Sec. 3407b. (1) An expense-incurred hospital, medical, or

 

surgical insurer that delivers, issues for delivery, or renews in

 


this state a health insurance policy or certificate delivered,

 

issued for delivery, or renewed in this state shall not require an

 

insured or his or her dependent or an asymptomatic applicant for

 

insurance or his or her asymptomatic dependent to do either of the

 

following:

 

     (a) Undergo genetic testing before issuing, renewing, or

 

continuing the policy or certificate in this state.

 

     (b) Disclose whether genetic testing has been conducted or the

 

results of genetic testing or genetic information.

 

     (2) This section does not prohibit an insurer from requiring

 

an applicant for an expense-incurred hospital, medical, or surgical

 

policy or certificate to answer questions concerning family

 

history.

 

     (2) (3) As used in this section:

 

     (a) "Clinical purposes" includes all of the following:

 

     (i) Predicted Predicting risk of diseases.

 

     (ii) Identifying carriers for single-gene disorders.

 

     (iii) Establishing prenatal and clinical diagnosis or

 

prognosis.

 

     (iv) Prenatal, newborn, and other carrier screening, as well

 

as testing in high-risk families.

 

     (v) Tests Testing for metabolites if undertaken with high

 

probability that an excess or deficiency of the metabolite

 

indicates or suggests the presence of heritable mutations in single

 

genes.

 

     (vi) Other tests testing if their the intended purpose is

 

diagnosis of a presymptomatic genetic condition.

 


     (b) "Genetic information" means information about a gene, gene

 

product, or inherited characteristic derived from a genetic test.

 

     (c) "Genetic test" means the analysis of human DNA, RNA,

 

chromosomes, and those proteins and metabolites used to detect

 

heritable or somatic disease-related genotypes or karyotypes for

 

clinical purposes. A genetic test must be generally accepted in the

 

scientific and medical communities as being specifically

 

determinative for the presence, absence, or mutation of a gene or

 

chromosome in order to qualify under this definition. Genetic test

 

does not include a routine physical examination or a routine

 

analysis, including, but not limited to, a chemical analysis, of

 

body fluids, unless conducted specifically to determine the

 

presence, absence, or mutation of a gene or chromosome.

 

     Sec. 3408. (1) There An insurer shall be include in a

 

disability insurance policy, other than a health insurance policy,

 

a provision as follows:that consists of both of the following:

 

     (a) One of the following, as applicable:

 

     (i) TIME LIMIT ON CERTAIN DEFENSES: (a) After 3 years from the

 

date of issue of this policy, no misstatements, the insurer will

 

not use a misstatement, except a fraudulent misstatements,

 

misstatement, made by the applicant in the application for such the

 

policy shall be used to void the policy or to deny a claim for loss

 

incurred or disability, (as as defined in the policy) commencing

 

policy, beginning after the expiration of such the 3-year period.

 

     (The foregoing This policy provisions shall provision does not

 

be so construed as to affect any a legal requirement for avoidance

 

of a policy or denial of a claim during such the initial 3-year

 


period, nor to and does not limit the application of sections 3432,

 

(change of occupation), 3434, (misstatement of age), 3436, (other

 

insurance—same insurer), 3438, (insurance with other

 

insurers—provision of service or expense incurred basis), and 3440

 

(insurance with other insurers) in the event of if a misstatement

 

with respect to age or occupation or other insurance.)insurance is

 

made.

 

     (ii) (A Instead of the provision required under subparagraph

 

(i), for a policy which that the insured has the right to continue

 

in force subject to its terms by the timely payment of premium (1)

 

until at least age 50 or, (2) in the case of for a policy issued

 

after age 44, for at least 5 years from after its date of issue, an

 

insurer may contain in lieu of the foregoing the following

 

provision (from which the clause in parentheses may be omitted at

 

the insurer's option) include the following in the policy, under

 

the caption "INCONTESTABLE":)"INCONTESTABLE":

 

     After this policy has been in force for a period of 3 years

 

during the lifetime of the insured (excluding any period during

 

which the insured is disabled), it shall become becomes

 

incontestable as to the statements contained in the application.

 

     (b) No A claim for a loss incurred or disability, (as as

 

defined in the policy, ) commencing beginning after 3 years from

 

the date of issue of this policy shall will not be reduced or

 

denied on the ground that a disease or physical condition not

 

excluded from coverage by name or specific description effective on

 

the date of loss had existed prior to before the effective date of

 

coverage of this policy.

 


     (2) (For For the purpose of permitting insurers to use a

 

uniform policy in several states, the insurer is permitted to may

 

print in the policy form in required the provisions (a) required

 

under subsection (1)(a) and (b) above the term of "3 years".

 

Nevertheless, the provisions Notwithstanding any provision of the

 

contract and text of the statute or law to the contrary,

 

notwithstanding, the time limits for said the defenses under any

 

contract described in this section and included in a disability

 

insurance policy, not including a health insurance policy, that is

 

delivered or issued for delivery to any person in this state shall

 

must not exceed 2 years.)years.

 

     Sec. 3409. (1) Except as otherwise provided in subsection (2),

 

this section, an insurer that delivers, issues for delivery, or

 

renews in this state a disability insurance policy, other than a

 

policy that provides group and or blanket insurance, delivered or

 

issued for delivery to a person in this state shall contain include

 

the following notice, in substance printed or stamped on the front

 

page and made a permanent part of the policy:

 

     Cancellation during first 10 days: During a period of 10 days

 

after the date the policyholder receives the this policy, the

 

policyholder may cancel the policy and receive from the insurer a

 

prompt refund of any premium paid for the policy, including a

 

policy fee or other charge, by mailing or otherwise surrendering

 

the policy to the insurer together with a written request for

 

cancellation. If a policyholder or purchaser pursuant to such this

 

notice returns the policy or contract to the company or association

 

at its home or branch office or to the agent through whom it was

 


purchased, it shall be is void from the beginning and the parties

 

shall be are in the same position as if no policy or contract had

 

been issued.

 

     Cancellation after 10 days: A policyholder may cancel the this

 

policy after the first 10 days following after receipt of the

 

policy by giving written notice to the insurer effective upon

 

receipt or on a later date as may be specified in the notice. In

 

the event of cancellation, If this policy is canceled under this

 

paragraph, the insurer shall will promptly refund to the

 

policyholder the excess of paid premium above the pro rata premium

 

for the expired time. Cancellation under this paragraph is without

 

prejudice to any claim originating prior to before the effective

 

date of cancellation.

 

     (2) A policy of An insurer that sells a disability insurance

 

which is sold policy through solicitation to a person who is

 

eligible for medicare Medicare shall contain include the following

 

notice, in substance printed or stamped on the front page and made

 

a permanent part of the policy:

 

     Cancellation during the first 30 days: During a period of 30

 

days after the date the policyholder receives the this policy, the

 

policyholder may cancel the policy and receive from the insurer a

 

prompt refund of any premium paid for the policy, including a

 

policy fee or other charge, by mailing or otherwise surrendering

 

the policy to the insurer together with a written request for

 

cancellation. If a policyholder or purchaser pursuant to such this

 

notice returns the policy or contract to the company or association

 

at its home or branch office or to the agent through whom it was

 


purchased, it shall be is void from the beginning and the parties

 

shall be are in the same position as if no policy or contract had

 

been issued.

 

     Cancellation after 30 days: A policyholder may cancel the this

 

policy after the first 30 days following after receipt of the

 

policy by giving written notice to the insurer effective upon

 

receipt or on a later date as may be specified in the notice. In

 

the event of cancellation, If this policy is canceled under this

 

paragraph, the insurer shall will promptly refund to the

 

policyholder the excess of paid premium above the pro rata premium

 

for the expired time. Cancellation under this paragraph is without

 

prejudice to any claim originating prior to before the effective

 

date of cancellation.

 

     (3) If a policyholder cancels a disability insurance policy

 

during the first 30 days after receipt of the policy, the

 

policyholder is responsible for claims paid by the insurer that

 

were incurred before the effective date of cancellation.

 

     Sec. 3411. (1) There Subject to subsection (2), an insurer

 

shall be a include the following provision as follows:in a

 

disability insurance policy other than a health insurance policy:

 

     REINSTATEMENT: If any renewal premium be is not paid within

 

the time granted the insured for payment, a subsequent acceptance

 

of premium by the insurer or by any an agent duly authorized by the

 

insurer to accept such the premium, without requiring in connection

 

therewith with the acceptance of the premium an application for

 

reinstatement, shall reinstate is a reinstatement of the policy:

 

Provided, however, That policy. However, if the insurer or such its

 


agent requires an application for reinstatement and issues a

 

conditional receipt for the premium tendered, the policy will be is

 

reinstated upon approval of such the application by the insurer or,

 

lacking such approval, upon if not approved by the insurer, on the

 

forty-fifth day following after the date of such the conditional

 

receipt unless the insurer has previously notified the insured in

 

writing of its disapproval of such the application. The Under the

 

reinstated policy, shall the insurer will cover only loss resulting

 

from such accidental injury as may be that is sustained after the

 

date of reinstatement and loss due to such sickness as may begin

 

that begins more than 10 days after such that date. In all other

 

respects, the insured and insurer shall have the same rights

 

thereunder under the policy as they had under the policy

 

immediately before the due date of the defaulted premium, subject

 

to any provisions endorsed hereon on the policy or attached hereto

 

to the policy in connection with the reinstatement. Any The insurer

 

will apply any premium accepted in connection with a reinstatement

 

shall be applied to a period for which premium has not been

 

previously paid, but not to any period more than 60 days prior to

 

before the date of reinstatement.

 

     (2) (The An insurer may omit the last sentence of the above

 

provision may be omitted required under subsection (1) from any a

 

policy which that the insured has the right to continue in force

 

subject to its terms by the timely payment of premium (1) until at

 

least age 50 or, (2) in the case of for a policy issued after age

 

44, for at least 5 years from after its date of issue.)issue.

 

     Sec. 3412. (1) There Except as otherwise provided in

 


subsection (2), an insurer shall be include in a disability

 

insurance policy, other than a health insurance policy, a provision

 

as follows:

 

     NOTICE OF CLAIM: Written notice of claim must be given to the

 

insurer within 20 days after the occurrence or commencement of any

 

a loss covered by the policy, or as soon thereafter after the loss

 

as is reasonably possible. Notice given by or on behalf of the

 

insured or the beneficiary to the insurer at .....................

 

(insert the location of such the office as the insurer may

 

designate designates for the this purpose), or to any authorized

 

agent of the insurer, with information sufficient to identify the

 

insured, shall be deemed is considered notice to the insurer.

 

     (2) (In For a policy providing that provides a loss-of-time

 

benefit which may be payable for at least 2 years, an insurer may

 

at its option insert the following between the first and second

 

sentences of the above provision required under subsection (1):

 

     Subject to the qualifications set forth below, if the insured

 

suffers loss of time on account of disability for which indemnity

 

may be is payable for at least 2 years, he shall, the insured will,

 

at least once in every 6 months after having given notice of claim,

 

give to the insurer notice of continuance of said the disability,

 

except in the event of legal incapacity. unless the insured is

 

legally incapacitated. The period of 6 months following any filing

 

of proof by the insured or any payment by the insurer on account of

 

such the claim or any denial of liability in whole or in part by

 

the insurer shall be is excluded in applying this provision. Delay

 

in the giving of such the notice shall required under this

 


provision does not impair the insured's right to any indemnity

 

which that would otherwise have accrued during the period of 6

 

months preceding the date on which such the notice is actually

 

given.)given.

 

     Sec. 3413. There An insurer shall be include in a disability

 

insurance policy, other than a health insurance policy, a provision

 

as follows:

 

     CLAIM FORMS: The insurer, upon receipt of a notice of claim,

 

will furnish to the claimant such the forms as that are usually

 

furnished by it for filing proofs of loss. If such the forms are

 

not furnished within 15 days after the giving of such the notice,

 

the claimant shall be deemed is considered to have complied with

 

the requirements of this policy as to proof of loss upon

 

submitting, within the time fixed in the policy for filing proofs

 

of loss, written proof covering the occurrence, the character, and

 

the extent of the loss for which claim is made.

 

     Sec. 3414. There An insurer shall be include in a disability

 

insurance policy, other than a health insurance policy, a provision

 

as follows:

 

     PROOFS OF LOSS: Written proof of loss must be furnished to the

 

insurer at its said designated office. in case of Proof of loss for

 

a claim for loss for which this policy provides any periodic

 

payment that is contingent upon continuing loss must be furnished

 

within 90 days after the termination of the period for which the

 

insurer is liable. and in case of Proof of loss for a claim for any

 

other loss must be furnished within 90 days after the date of such

 

the loss. Failure to furnish such the proof within the time

 


required shall under this provision does not invalidate nor or

 

reduce any the claim if it was not reasonably possible to give

 

proof within such the time , provided such required if the proof is

 

furnished as soon as reasonably possible and, in no event, except

 

in the absence of legal capacity, unless the claimant is legally

 

incapacitated, not later than 1 year from after the time proof is

 

otherwise required.

 

     Sec. 3416. There An insurer shall be include in a disability

 

insurance policy, other than a health insurance policy, a provision

 

as follows:

 

     TIME OF PAYMENT OF CLAIMS: Indemnities payable under this

 

policy for any a loss other than loss for which this policy

 

provides any a periodic payment will be paid immediately upon

 

receipt of due written proof of such the loss. Subject to due

 

written proof of loss, all accrued indemnities for loss for which

 

this policy provides periodic payment will be paid

 

....................... (insert period for payment which that must

 

not be less frequently than monthly) and any balance remaining

 

unpaid upon on the termination of liability will be paid

 

immediately upon receipt of due written proof.

 

     Sec. 3418. (1) There Except as otherwise provided in

 

subsection (2), an insurer shall be include in a disability

 

insurance policy, other than a health insurance policy, a provision

 

as follows:

 

     PAYMENT OF CLAIMS: Indemnity for loss of life will be payable

 

in accordance with the beneficiary designation and the provisions

 

respecting such the payment, which may be prescribed herein in this

 


policy, and effective at the time of payment. If no such a

 

designation or provision is then effective, such not in effect, the

 

indemnity shall be is payable to the estate of the insured. Any

 

other Other accrued indemnities unpaid at the insured's death may,

 

at the option of the insurer, be paid either to such the

 

beneficiary or to such the estate. All other indemnities will be

 

are payable to the insured.

 

     (2) (The One or more of the following provisions , or either

 

of them, may be included with the foregoing provision required

 

under subsection (1) at the option of the insurer:

 

     (a) If any indemnity of under this policy shall be is payable

 

to the estate of the insured, or to an insured or beneficiary who

 

is a minor or otherwise not competent to give a valid release, the

 

insurer may pay such the indemnity, up to an amount that does not

 

exceeding exceed $........ (insert an amount which shall that does

 

not exceed $1,000.00), to any relative by blood or connection by

 

marriage of the insured or beneficiary who is deemed determined by

 

the insurer to be equitably entitled thereto. Any payment to the

 

indemnity. Payment made by the insurer in good faith pursuant to

 

this provision shall fully discharge discharges the insurer to the

 

extent of such the payment.

 

     (b) Subject to any written direction of the insured in the

 

application or otherwise, all or a portion of any indemnities

 

provided by this policy on account of hospital, nursing, medical,

 

or surgical health care services may, at the insurer's option and

 

unless the insured requests otherwise in writing not later than the

 

time of filing proofs of such the loss, be paid directly to the

 


hospital or person rendering such services.)the health care

 

services.

 

     Sec. 3420. There An insurer shall be include in a disability

 

insurance policy, other than a health insurance policy, a provision

 

as follows:

 

     PHYSICAL EXAMINATIONS AND AUTOPSY: The insurer at its own

 

expense shall have has the right and must be given the opportunity

 

to examine the person of the insured when at reasonable times and

 

as often as frequently as it may reasonably require required during

 

the pendency of a claim hereunder under this policy and to make an

 

autopsy in case of death where it is if not forbidden by law.

 

     Sec. 3422. There An insurer shall be include in a disability

 

insurance policy, other than a health insurance policy, a provision

 

as follows:

 

     LEGAL ACTIONS: No An insured must not bring an action at law

 

or in equity shall be brought to recover on this policy prior to

 

before the expiration of 60 days after written proof of loss has

 

been furnished in accordance with the requirements of this policy.

 

No such An insured must not bring an action shall be brought at law

 

or in equity after the expiration of 3 years after the time written

 

proof of loss is required to be furnished.

 

     Sec. 3424. (1) There Except as otherwise provided in

 

subsection (2), an insurer shall be include in a disability

 

insurance policy, other than a health insurance policy, a provision

 

as follows:

 

     CHANGE OF BENEFICIARY: Unless the insured makes an irrevocable

 

designation of beneficiary, the insured has the right to change of

 


the beneficiary is reserved to the insured and the consent under

 

this policy. Consent of the a beneficiary or beneficiaries shall is

 

not be requisite required to surrender or this policy, for the

 

assignment of this the policy, or to any change of a beneficiary,

 

or beneficiaries, or to make any other changes in this the policy.

 

     (2) (The The first clause of this the provision required under

 

subsection (1), relating to the irrevocable designation of

 

beneficiary, may be omitted at the insurer's option.)option.

 

     Sec. 3425. (1) Each Except as otherwise provided in this

 

subsection, an insurer offering that delivers, issues for delivery,

 

or renews in this state a health insurance policies in this state

 

policy shall provide coverage for intermediate and outpatient care

 

for substance abuse, upon issuance or renewal, in all contracts

 

for, group and individual hospital, medical, surgical expense-

 

incurred health insurance policies other than use disorder. This

 

section does not apply to limited classification policies.

 

     (2) In the case of group health insurance policies, if the

 

premium for a group health insurance policy would be increased by

 

3% or more because of the provision of the coverage required under

 

subsection (1), the master policyholder shall have the option to

 

decline the coverage required to be provided under subsection (1).

 

In the case of individual health insurance policies, if the total

 

premium for all individual health insurance policies of an insurer

 

would be increased by 3% or more because of the provision of the

 

coverage required under subsection (1) in all of those policies,

 

the named insured of each such policy shall have the option to

 

decline the coverage required to be provided under subsection (1).

 


     (2) (3) Charges, terms, and conditions for the coverage

 

required to be provided under subsection (1) shall must not be less

 

favorable than the maximum prescribed for any other comparable

 

service.

 

     (3) (4) The insurer shall not reduce the coverage required to

 

be provided under subsection (1) shall not be reduced by terms or

 

conditions which that apply to other items of coverage in a health

 

insurance policy, group or individual. This subsection shall does

 

not be construed to prohibit an insurer from providing in a health

 

insurance policies that provide for policy deductibles and

 

copayment provisions for coverage for intermediate and outpatient

 

care for substance abuse.use disorder.

 

     (5) The coverage required to be provided under subsection (1)

 

shall, at a minimum, provide for up to $1,500.00 in benefits for

 

intermediate and outpatient care for substance abuse per individual

 

per year. This minimum shall be adjusted annually by March 31 each

 

year in accordance with the annual average percentage increase or

 

decrease in the United States consumer price index for the 12-month

 

period ending the preceding December 31.

 

     (4) (6) As used in this section:

 

     (a) "Health insurance policy" means a hospital, medical, or

 

surgical expense-incurred policy.

 

     (a) (b) "Intermediate care" means the use, in a full 24-hour

 

residential therapy setting, or in a partial, less than 24-hour,

 

residential therapy setting, of any or all of the following

 

therapeutic techniques, as identified in a treatment plan for

 

individuals physiologically or psychologically dependent upon on or

 


abusing alcohol or drugs:

 

     (i) Chemotherapy.

 

     (ii) Counseling.

 

     (iii) Detoxification services.

 

     (iv) Other ancillary services, such as medical testing,

 

diagnostic evaluation, and referral to other services identified in

 

a the treatment plan.

 

     (b) (c) "Limited classification policy" means an accident only

 

policy, a limited accident policy, a travel accident policy, or a

 

specified disease policy.

 

     (c) (d) "Outpatient care" means the use, on both a scheduled

 

and a nonscheduled basis, of any or all of the following

 

therapeutic techniques, as identified in a treatment plan for

 

individuals physiologically or psychologically dependent upon on or

 

abusing alcohol or drugs:

 

     (i) Chemotherapy.

 

     (ii) Counseling.

 

     (iii) Detoxification services.

 

     (iv) Other ancillary services, such as medical testing,

 

diagnostic evaluation, and referral to other services identified in

 

a the treatment plan.

 

     (d) (e) "Substance abuse" use disorder" means that term as

 

defined in section 6107 of Act No. 368 of the Public Acts of 1978,

 

being section 333.6107 of the Michigan Compiled Laws.100d of the

 

mental health code, 1974 PA 258, MCL 330.1100d.

 

     (7) This section shall take effect January 1, 1982.

 

     Sec. 3426. (1) Each An insurer providing a group expense-

 


incurred hospital, medical, or surgical certificate delivered,

 

issued for delivery, or renewed in this state and each health

 

maintenance organization that delivers, issues for delivery, or

 

renews in this state a group health insurance policy may offer

 

group wellness coverage. Wellness coverage An insurer may provide

 

for an appropriate rebate or reduction in premiums or for reduced

 

copayments, coinsurance, or deductibles, or a combination of these

 

incentives, for participation in any health behavior wellness,

 

maintenance, or improvement program offered by the employer. The

 

employer shall provide evidence of demonstrative maintenance or

 

improvement of the insureds' or enrollees' health behaviors as

 

determined by assessments of agreed-upon health status indicators

 

between the employer and the insurer. or health maintenance

 

organization. Any rebate of premium provided by the insurer or

 

health maintenance organization is presumed to be appropriate

 

unless credible data demonstrate otherwise, but shall must not

 

exceed 50% of paid premiums for tobacco cessation programs or 30%

 

of paid premiums for other wellness programs, unless otherwise

 

approved by the commissioner. Each director. An insurer and each

 

health maintenance organization shall make available to employers

 

all wellness coverage plans that the insurer or health maintenance

 

organization markets to employers in this state.

 

     (2) Each An insurer providing that delivers, issues for

 

delivery, or renews in this state an individual or family expense-

 

incurred hospital, medical, or surgical policy delivered, issued

 

for delivery, or renewed in this state and each health maintenance

 

organization health insurance policy may offer individual and

 


family wellness coverage. Wellness coverage An insurer may provide

 

for an appropriate rebate or reduction in premiums or for reduced

 

copayments, coinsurance, or deductibles, or a combination of these

 

incentives, for participation in any health behavior wellness,

 

maintenance, or improvement program approved by the insurer. or

 

health maintenance organization. The insured or enrollee shall

 

provide evidence of demonstrative maintenance or improvement of the

 

individual's or family's health behaviors as determined by

 

assessments of agreed-upon health status indicators between the

 

insured or enrollee and the insurer. or health maintenance

 

organization. Any rebate of premium provided by the insurer or

 

health maintenance organization is presumed to be appropriate

 

unless credible data demonstrate otherwise, but shall must not

 

exceed 30% 50% of paid premiums, unless otherwise approved by the

 

commissioner. Each director. An insurer and each health maintenance

 

organization shall make available to individuals and families all

 

wellness coverage plans that the insurer or health maintenance

 

organization markets to individuals and families in this state.

 

     (3) An insurer and a health maintenance organization are is

 

not required to continue any health behavior wellness, maintenance,

 

or improvement program or to continue any incentive associated with

 

a health behavior wellness, maintenance, or improvement program.

 

     (4) A health behavior wellness, maintenance, or improvement

 

program under this section may include other requirements in

 

addition to those that are specific to health behavior wellness,

 

maintenance, or improvement, if the program, taken as a whole,

 

meets the intent of this section.

 


     Sec. 3428. Beginning January 1, 2014, an An insurer that

 

delivers, issues for delivery, or renews in this state a health

 

insurance policy shall establish and maintain a provider network

 

that, at a minimum, satisfies any network adequacy requirements

 

imposed by the commissioner pursuant to director under federal law.

 

     Sec. 3432. There An insurer may be include in a disability

 

insurance policy, other than a health insurance policy, a provision

 

as follows:

 

     CHANGE OF OCCUPATION: If the insured be is injured or contract

 

sickness contracts an illness after having changed changing his or

 

her occupation to one 1 classified by the insurer as more hazardous

 

than that the occupation stated in this policy or while doing for

 

compensation anything pertaining to any an occupation so classified

 

as more hazardous, the insurer will pay only such the portion of

 

the indemnities provided in this policy as that the premium paid

 

would have purchased at the rates and within the limits fixed by

 

the insurer for such the more hazardous occupation. If the insured

 

changes his or her occupation to one 1 classified by the insurer as

 

less hazardous than that stated in this policy, the insurer, upon

 

receipt of proof of such the change of occupation, will reduce the

 

premium rate accordingly, and will return the excess pro rata

 

unearned premium from the date of change of occupation or from the

 

policy anniversary date immediately preceding receipt of such the

 

proof, whichever is the more recent. In applying this provision,

 

the classification of occupational risk and the premium rates shall

 

be such as have been must be those that were last filed by the

 

insurer prior to before the occurrence of the loss for which the

 


insurer is liable or prior to before the date of proof of change in

 

the occupation with the state official having supervision of that

 

supervises insurance in the state where the insured resided at the

 

time this policy was issued. ; but However, if such that filing was

 

not required , then in that state, the classification of

 

occupational risk and the premium rates shall must be those last

 

made effective by the insurer in such that state prior to before

 

the occurrence of the loss or prior to before the date of proof of

 

change in the occupation.

 

     Sec. 3438. (1) There An insurer may be include in an

 

individual disability insurance policy a provision as follows:

 

     INSURANCE WITH OTHER INSURERS: If there be this insurer has

 

not been given written notice before the occurrence or commencement

 

of loss that the insured under this policy has other valid

 

coverage, not with this insurer, providing and that other valid

 

coverage provides benefits for the same loss on a provision of

 

service basis or on an expense incurred basis, and of which this

 

insurer has not been given written notice prior to the occurrence

 

or commencement of loss, the only liability under any expense

 

incurred coverage of this policy shall be is for such the

 

proportion of the loss as the amount which that would otherwise

 

have been payable hereunder under this policy plus the total of the

 

like amounts under all such other valid coverages for the same loss

 

of which this insurer had notice bears to the total like amounts

 

under all valid coverages for such the loss, and for the return of

 

such the portion of the premiums premium paid as shall exceed that

 

exceeds the pro rata portion for the amount so determined. For the

 


purpose of applying this provision when other coverage is on a

 

provision of service basis, the term "like amount" of such means

 

with respect to the other coverage shall be taken as the amount

 

which that the services rendered would have cost in the absence of

 

such the coverage.

 

     (2) (If If the foregoing policy provision described in

 

subsection (1) is included in a an individual policy which of

 

disability insurance that also contains the policy provision set

 

out described in section 3440, there the insurer shall be added add

 

to the caption of the foregoing policy provision the phrase

 

"—EXPENSE INCURRED BENEFITS". The insurer may, at its option,

 

include in this provision a definition of "other valid coverage",

 

approved as to form by the commissioner, director, which definition

 

shall must be limited in subject matter to coverage provided by

 

organizations subject to regulation by insurance law or by

 

insurance authorities of this or any other state of the United

 

States or any province of Canada, and to coverage provided by

 

hospital or medical service organizations, and to any other

 

coverage the inclusion of which may be approved by the

 

commissioner. director. In the absence of such a definition, such

 

the term shall must not include group insurance, automobile medical

 

payments insurance, or coverage provided by hospital or medical

 

service organizations, or by union welfare plans, or by employer or

 

employee benefit organizations.

 

     (3) For the purpose of applying the foregoing policy provision

 

with respect under this section to any insured, any amount of

 

benefit provided for such the insured pursuant to any under a

 


compulsory benefit statute, (including any workmen's including a

 

worker's disability compensation or employer's liability statute)

 

statute, whether provided by a governmental agency or otherwise

 

shall other entity, must in all cases be deemed considered to be

 

"other other valid coverage" coverage of which the insurer has had

 

notice. In applying the foregoing policy provision no under this

 

section, an insurer shall not include third party liability

 

coverage shall be included as "other other valid coverage".)

 

coverage.

 

     Sec. 3440. (1) There An insurer may be include in an

 

individual disability insurance policy a provision as follows:

 

     INSURANCE WITH OTHER INSURERS: If there be this insurer has

 

not been given written notice before the occurrence or commencement

 

of loss that the insured under this policy has other valid

 

coverage, not with this insurer, providing and that other valid

 

coverage provides benefits for the same loss on other than an

 

expense incurred basis, and of which this insurer has not been

 

given written notice prior to the occurrence or commencement of

 

loss, the only liability for such the benefits under this policy

 

shall be is for such the proportion of the indemnities otherwise

 

provided hereunder under this policy for such the loss as the like

 

indemnities of which the insurer had notice, including the

 

indemnities under this policy, bear to the total amount of all like

 

indemnities for such the loss, and for the return of such the

 

portion of the premium paid as shall exceed that exceeds the pro

 

rata portion for the indemnities thus determined under this

 

provision.

 


     (2) If the foregoing policy provision described in subsection

 

(1) is included in a an individual policy which of disability

 

insurance that also contains the policy provision set out described

 

in section 3438, there the insurer shall be added add to the

 

caption of the foregoing policy provision the phrase "—OTHER

 

BENEFITS". The insurer may, at its option, include in this

 

provision a definition of "other valid coverage", approved as to

 

form by the commissioner, director, which definition shall must be

 

limited in subject matter to coverage provided by organizations

 

subject to regulation by insurance law or by insurance authorities

 

of this or any other state of the United States or any province of

 

Canada, and to any other coverage the inclusion of which may be is

 

approved by the commissioner. director. In the absence of such a

 

definition, such the term shall must not include group insurance ,

 

or benefits provided by union welfare plans or by employer or

 

employee benefit organizations. For the purpose of applying the

 

foregoing policy provision with respect to any insured, any amount

 

of benefit provided for such the insured pursuant to under any

 

compulsory benefit statute, including any worker's disability

 

compensation or employer's liability statute, whether provided by a

 

governmental agency or otherwise shall other entity, must in all

 

cases be deemed considered to be "other valid coverage" of which

 

the insurer has had notice, unless the policy contains provisions

 

for the reduction of benefits otherwise payable under the policy by

 

the amount of income from other sources that the insured or the

 

insured's dependents are qualified to receive due to because of the

 

insured's age or disability from worker's disability compensation

 


or federal social security, if at the time the policy was issued,

 

the premium had been appropriately reduced to reflect such the

 

anticipated reduction in benefits. In applying the foregoing policy

 

provision, no an insurer shall not include third party liability

 

coverage shall be included as "other other valid

 

coverage".coverage.

 

     Sec. 3452. (1) There An insurer may be include in a disability

 

insurance policy a provision as follows:

 

     ILLEGAL OCCUPATION OR ILLEGAL ACTIVITY: The insurer shall is

 

not be liable for any loss to which a contributing cause was the

 

insured's commission of or attempt to commit a felony or to which a

 

contributing cause was the insured's being engaged in an illegal

 

occupation or illegal activity.

 

     (2) As used in this section, "illegal activity" includes, but

 

is not limited to, any of the following:

 

     (a) Operating a vehicle while intoxicated in violation of

 

section 625 of the Michigan vehicle code, 1949 PA 300, MCL 257.625,

 

or similar law in a jurisdiction outside of this state.

 

     (b) Operating a methamphetamine laboratory. As used in this

 

subdivision, "methamphetamine laboratory" means that term as

 

defined in section 1 of 2006 PA 255, MCL 333.26371.

 

     Sec. 3472. (1) Beginning January 1, 2014, during During an

 

applicable open enrollment period, an insurer that offers,

 

delivers, issues for delivery, or renews in this state a health

 

insurance policy shall not deny or condition the issuance or

 

effectiveness of a the policy and shall not discriminate in the

 

pricing of a the policy on the basis of health status, claims

 


experience, receipt of health care, or medical condition.

 

     (2) Subject to prior approval of the commissioner, director,

 

an insurer shall establish reasonable open enrollment periods for

 

all disability health insurance policies offered, delivered, issued

 

for delivery, or renewed in this state. on or after January 1,

 

2014.

 

     (3) The commissioner director shall establish minimum

 

standards for the frequency and duration of open enrollment periods

 

established under subsection (2). The commissioner director shall

 

uniformly apply the minimum standards for the frequency and

 

duration of open enrollment periods established under this

 

subsection to all insurers.

 

     (4) Subject to approval by the director, an insurer may deny

 

health insurance coverage in the group or individual market if the

 

insurer does not have the network capacity or financial reserves

 

necessary to offer additional coverage. An insurer described in

 

this subsection shall act uniformly with regard to all employers or

 

individuals in the group or individual market. An insurer described

 

in this subsection shall act without regard to the claims

 

experience of an individual or employer and its employees and the

 

employee's dependents and without regard to any health-status-

 

related factor relating to the individual or employer and its

 

employees and the employee's dependents.

 

     (5) Subject to approval by the director, an insurer that

 

denies health insurance coverage to an employer or individual under

 

subsection (4) shall not offer coverage in the group or individual

 

market, as applicable, before the later of the one hundred eighty-

 


first day after the date the insurer denies the coverage or the

 

date the insurer demonstrates to the director that the insurer has

 

sufficient network capacity or financial reserves, as applicable,

 

to underwrite additional coverage.

 

     (6) Subject to approval by the director, subsection (4) does

 

not limit the insurer's ability to renew coverage already in force

 

or relieve the insurer of the responsibility to renew the coverage.

 

     (7) The director may provide for the application of subsection

 

(4) on a service-area-specific basis for health maintenance

 

organizations.

 

     Sec. 3474. (1) No Except as otherwise provided in section

 

2236(8)(d), an insurer shall not deliver, issue for delivery, or

 

renew in this state a disability insurance policy, of insurance

 

against loss or expense from the sickness, or from the bodily

 

injury or death from accident of the insured, nor any including a

 

health insurance policy, and shall not use an application, rider,

 

or endorsement to be used in connection therewith, shall be

 

delivered or issued for delivery to any person in this state, with

 

the policy until a copy of the policy form, the rate, and the

 

classification of risks and any premium rates pertaining thereto

 

have been filed with and approved by the department of

 

insurance.director.

 

     (2) The director may, within 60 days after the filing of an

 

individual or small group health insurance policy form or rate or

 

within 30 days after the filing of another disability insurance

 

policy form or rate, disapprove the form or rate for any of the

 

following reasons, subject to the requirements as to notice,

 


hearing, and appeal in sections 244 and 2236:

 

     (a) The premium is unreasonable in relation to the benefits

 

provided.

 

     (b) The policy contains a provision that is unjust, unfair,

 

inequitable, misleading, or deceptive or that encourages

 

misrepresentation of the policy.

 

     (c) The policy or rate does not comply with other provisions

 

of law.

 

     (d) With respect to a health insurance policy, the rate is

 

unreasonably lower than what is necessary to meet the expenses of

 

the insurer for providing the coverage and would have an

 

anticompetitive effect or result in predatory pricing in relation

 

to coverages offered by other insurers.

 

     (3) The director may at any time withdraw his or her approval

 

of a policy form or rate on any of the grounds listed in subsection

 

(2), subject to the requirements as to notice, hearing, and appeal

 

in sections 244 and 2236. An insurer shall not issue the form or

 

rate after the effective date of the withdrawal of approval.

 

     (4) Subsection (2) does not apply to a rate for a policy of

 

health insurance that is the result of collective bargaining and

 

that affects only the enrollees or insureds who are members of the

 

group engaged in the collective bargaining. However, an insurer

 

shall file a rate described in this subsection with the director

 

within 60 days after the effective date of the policy.

 

     Sec. 3474a. The premium rate charged by an insurer, health

 

maintenance organization, or nonprofit health care corporation for

 

health insurance coverage offered through a policy or certificate

 


delivered, issued for delivery, or renewed in this state on or

 

after January 1, 2014 in the individual or small group market shall

 

vary based on the following factors only:

 

     (a) Whether the policy or certificate covers an individual or

 

family.

 

     (b) The rating area.

 

     (c) Age, except that the premium rate shall not vary by more

 

than 3 to 1 for adults for all plans other than child-only plans.

 

     (d) Tobacco use, except that the premium rate shall not vary

 

by more than 1.5 to 1.

 

     (1) A health insurance policy and the rates for the policy,

 

including any deductibles, copayments, and coinsurances, must be

 

fair, sound, and reasonable in relation to the services provided,

 

and the procedures for offering and terminating health insurance

 

policies must not be unfairly discriminatory.

 

     (2) A health insurance policy and the rates for the policy

 

must not discriminate on the basis of race, color, creed, national

 

origin, residence within the approved service area, if applicable,

 

lawful occupation, sex, handicap, or marital status, except that

 

marital status may be used to classify individuals or risks for the

 

purpose of insuring family units. The director may approve a rate

 

differential based on sex, age, residence, disability, marital

 

status, or lawful occupation, if the differential is supported by

 

sound actuarial principles and a reasonable classification system

 

and is related to the actual and credible loss statistics or

 

reasonably anticipated experience for new coverages.

 

     (3) A healthy lifestyle program as defined in section 3517 is

 


not subject to the director's approval under this section and is

 

not required to be supported by sound actuarial principles or a

 

reasonable classification system or to be related to actual and

 

credible loss statistics or reasonably anticipated experience for

 

the coverage.

 

     Sec. 3475. (1) Notwithstanding any provision of any a

 

disability insurance policy, of insurance or certificate, if an

 

insurance the disability insurance policy or certificate provides

 

for reimbursement for any service that is legally performed by a

 

person fully licensed as a psychologist under part 182 of the

 

public health code, 1978 PA 368, MCL 333.18201 to 333.18237; by a

 

podiatrist licensed under part 180 of the public health code, 1978

 

PA 368, MCL 333.18001 to 333.18058; or by a chiropractor licensed

 

under part 164 of the public health code, 1978 PA 368, MCL

 

333.16401 to 333.16431, ; the insurer shall not deny reimbursement

 

under the insurance policy or certificate shall not be denied if

 

the service is rendered by a person fully licensed as a

 

psychologist under part 182 of the public health code, 1978 PA 368,

 

MCL 333.18201 to 333.18237; by a podiatrist licensed under part 180

 

of the public health code, 1978 PA 368, MCL 333.18001 to 333.18058;

 

or by a chiropractor licensed under part 164 of the public health

 

code, 1978 PA 368, MCL 333.16401 to 333.16431, ; within the

 

statutory provisions provided in his or her individual practice

 

act.

 

     (2) This section does not require coverage for a psychologist

 

in any an insurance policy. This section does not require coverage

 

or reimbursement for any of the following:

 


     (a) A practice of chiropractic service unless that the service

 

was included in the definition of practice of chiropractic under

 

section 16401 of the public health code, 1978 PA 368, MCL

 

333.16401, as of January 1, 2009.

 

     (b) A service provided by a physical therapist or physical

 

therapist assistant unless that the service was provided by a

 

licensed physical therapist or physical therapist assistant under

 

the supervision of a licensed physical therapist pursuant to a

 

prescription from a health care professional who holds a license

 

issued under part 166, 170, 175, or 180 of the public health code,

 

1978 PA 368, MCL 333.16601 to 333.16648, 333.17001 to 333.17084,

 

333.17501 to 333.17556, and 333.18001 to 333.18058, or the

 

equivalent license issued by another state.

 

     (3) This section does not apply to a policy or certificate

 

written under section 3405 or 3631 that involves a prudent

 

purchaser agreement.

 

     Sec. 3476. (1) An expense-incurred hospital, medical, or

 

surgical group or individual insurer that delivers, issues for

 

delivery, or renews in this state a health insurance policy or

 

certificate delivered, issued for delivery, or renewed in this

 

state and a health maintenance organization group or individual

 

contract shall not require face-to-face contact between a health

 

care professional and a patient for services appropriately provided

 

through telemedicine, as determined by the insurer. or health

 

maintenance organization. Telemedicine services shall must be

 

provided by a health care professional who is licensed, registered,

 

or otherwise authorized to engage in his or her health care

 


profession in the state where the patient is located. Telemedicine

 

services are subject to all terms and conditions of the health

 

insurance policy , certificate, or contract agreed upon between the

 

policy , certificate, or contract holder and the insurer, or health

 

maintenance organization, including, but not limited to, required

 

copayments, coinsurances, deductibles, and approved amounts.

 

     (2) As used in this section, "telemedicine" means the use of

 

an electronic media to link patients with health care professionals

 

in different locations. To be considered telemedicine under this

 

section, the health care professional must be able to examine the

 

patient via a real-time, interactive audio or video, or both,

 

telecommunications system and the patient must be able to interact

 

with the off-site health care professional at the time the services

 

are provided.

 

     (3) This section applies to a policy, certificate, or contract

 

issued or renewed on or after January 1, 2013.

 

     Sec. 3477. (1) An insurer shall not use any financial

 

incentive or make any payment to a health professional that acts

 

directly or indirectly as an inducement to deny, reduce, limit, or

 

delay specific medically necessary and appropriate services.

 

     (2) Subsection (1) does not prohibit payment arrangements that

 

are not tied to specific medical decisions or prohibit the use of

 

risk sharing as otherwise authorized in this chapter.

 

     Sec. 3501. As used in this chapter:

 

     (a) "Affiliated provider" means a health professional,

 

licensed hospital, licensed pharmacy, or any other institution,

 

organization, or person having a that has entered into a

 


participating provider contract as prescribed in section 2212d,

 

directly or indirectly, with a health maintenance organization to

 

render 1 or more health maintenance services to an enrollee.

 

Affiliated provider includes a person described in this subdivision

 

that has entered into a written arrangement with another person,

 

including, but not limited to, a physician hospital organization or

 

physician organization, that contracts directly with a health

 

maintenance organization.

 

     (b) "Basic health services" means medically necessary health

 

services that health maintenance organizations must offer to large

 

employers in at least 1 health maintenance contract. Basic health

 

services include all of the following:

 

     (i) Physician services including consultant and referral

 

services by a physician, but not including psychiatric services.

 

primary care and specialty care.

 

     (ii) Ambulatory services.

 

     (iii) Inpatient hospital services. , other than those for the

 

treatment of mental illness.

 

     (iv) Emergency health services.

 

     (v) Outpatient mental Mental health and substance use disorder

 

services. , not fewer than 20 visits per year.

 

     (vi) Intermediate and outpatient care for substance abuse as

 

follows:

 

     (A) For group contracts, if the fees for a group contract

 

would be increased by 3% or more because of the provision of

 

services under this subparagraph, the group subscriber may decline

 

the services. For individual contracts, if the total fees for all

 


individual contracts would be increased by 3% or more because of

 

the provision of the services required under this subparagraph in

 

all of those contracts, the named subscriber of each contract may

 

decline the services.

 

     (B) Charges, terms, and conditions for the services required

 

to be provided under this subparagraph shall not be less favorable

 

than the maximum prescribed for any other comparable service.

 

     (C) The services required to be provided under this

 

subparagraph shall not be reduced by terms or conditions that apply

 

to other services in a group or individual contract. This sub-

 

subparagraph shall not be construed to prohibit contracts that

 

provide for deductibles and copayment provisions for services for

 

intermediate and outpatient care for substance abuse.

 

     (D) The services required to be provided under this

 

subparagraph shall, at a minimum, provide for up to $2,968.00 in

 

services for intermediate and outpatient care for substance abuse

 

per individual per year. This minimum shall be adjusted annually by

 

March 31 each year in accordance with the annual average percentage

 

increase or decrease in the United States consumer price index for

 

the 12-month period ending the preceding December 31.

 

     (E) As used in this subparagraph, "intermediate care",

 

"outpatient care", and "substance abuse" have those meanings

 

ascribed to them in section 3425.

 

     (vi) (vii) Diagnostic laboratory and diagnostic and

 

therapeutic radiological services.

 

     (vii) (viii) Home health services.

 

     (viii) (ix) Preventive health services.

 


     (c) "Credentialing verification" means the process of

 

obtaining and verifying information about a health professional and

 

evaluating that the health professional when that the health

 

professional applies to become a participating provider with a

 

health maintenance organization.

 

     (d) "Enrollee" means an individual who is entitled to receive

 

health maintenance services under a health maintenance contract.

 

     (d) (e) "Health maintenance contract" means a contract between

 

a health maintenance organization and a subscriber or group of

 

subscribers , to provide , when medically indicated, designated or

 

arrange for the provision of health maintenance services , as

 

described in and pursuant to the terms of the contract, including,

 

at a minimum, basic health maintenance services. within the health

 

maintenance organization's service area. Health maintenance

 

contract includes a prudent purchaser contract.agreement under

 

section 3405.

 

     (e) (f) "Health maintenance organization" means an entity a

 

person that, among other things, does the following:

 

     (i) Delivers health maintenance services that are medically

 

indicated necessary to enrollees under the terms of its health

 

maintenance contract, directly or through contracts with affiliated

 

providers, in exchange for a fixed prepaid sum or per capita

 

prepayment, without regard to the frequency, extent, or kind of

 

health services.

 

     (ii) Is responsible for the availability, accessibility, and

 

quality of the health maintenance services provided.

 

     (g) "Health maintenance services" means services provided to

 


enrollees of a health maintenance organization under their health

 

maintenance contract.

 

     (f) (h) "Health professional" means an individual licensed,

 

certified, or authorized in accordance with state law to practice a

 

health profession in his or her respective state.

 

     (i) "Primary verification" means verification by the health

 

maintenance organization of a health professional's credentials

 

based upon evidence obtained from the issuing source of the

 

credential.

 

     (j) "Prudent purchaser contract" means a contract offered by a

 

health maintenance organization to groups or to individuals under

 

which enrollees who select to obtain health care services directly

 

from the organization or through its affiliated providers receive a

 

financial advantage or other advantage by selecting those

 

providers.

 

     (k) "Secondary verification" means verification by the health

 

maintenance organization of a health professional's credentials

 

based upon evidence obtained by means other than direct contact

 

with the issuing source of the credential.

 

     (g) "Health services" means services provided to enrollees of

 

a health maintenance organization under their health maintenance

 

contract.

 

     (h) (l) "Service area" means a defined geographical area in

 

which covered health maintenance services are generally available

 

and readily accessible to enrollees and where health maintenance

 

organizations may market their contracts.

 

     (m) "Subscriber" means an individual who enters into a health

 


maintenance contract, or on whose behalf a health maintenance

 

contract is entered into, with a health maintenance organization

 

that has received a certificate of authority under this chapter and

 

to whom a health maintenance contract is issued.

 

     Sec. 3503. (1) All Unless specifically excluded, or otherwise

 

specifically provided for in this chapter, all of the provisions of

 

this act that apply to a domestic insurer authorized to issue an

 

expense-incurred hospital, medical, or surgical policy or

 

certificate, including, but not limited to, sections 223 and 7925

 

and chapters 34 and 36, a health insurance policy apply to a health

 

maintenance organization. under this chapter unless specifically

 

excluded, or otherwise specifically provided for in this chapter.

 

     (2) Sections 408, 410, 411, and 901, and 5208, chapter

 

chapters 77 , and , except as otherwise provided in subsection (1),

 

chapter 79 do not apply to a health maintenance organization.

 

     Sec. 3505. (1) A health maintenance organization shall receive

 

not issue a health maintenance contract before it receives a

 

certificate of authority under this chapter before issuing health

 

maintenance contracts. A health maintenance organization license

 

issued under former part 210 of the public health code, 1978 PA

 

368, automatically becomes a certificate of authority under this

 

chapter on the effective date of this chapter.act.

 

     (2) "Health A person shall not use the term health maintenance

 

organization" shall not be used organization to describe or refer

 

to any entity or a person, and an entity or a person shall not use

 

any other descriptive words that may mislead, deceive, or imply

 

that it is a health maintenance organization, unless the entity or

 


person described or referred to has a certificate of authority as a

 

health maintenance organization under this chapter.act.

 

     (3) A Except as otherwise provided in this subsection, a

 

health maintenance organization shall not use in its name,

 

contracts, or literature the words "insurance", "casualty",

 

"surety", or "mutual" , or any other words descriptive of an

 

insurance, casualty, or surety business or deceptively similar to

 

the name or description of an insurance or surety corporation doing

 

business in this state. A health maintenance organization may use a

 

name or description that is similar to its affiliate.

 

     Sec. 3507. The commissioner director shall establish a system

 

of authorizing and regulating health maintenance organizations in

 

this state to protect and promote the public health through the

 

assurance that the organizations provide all of the following:

 

     (a) An acceptable quality of health care by qualified

 

personnel.

 

     (b) Health care facilities, equipment, and personnel that may

 

reasonably be required to economically provide health maintenance

 

services.

 

     (c) Operational arrangements that integrate the delivery of

 

various services.

 

     (d) A financially Financially sound prepayment plan plans for

 

meeting health care costs.

 

     Sec. 3508. (1) A health maintenance organization shall develop

 

and maintain a quality assessment program to assess the quality of

 

health care provided to enrollees that includes, at a minimum,

 

systematic collection, analysis, and reporting of relevant data in

 


accordance with statutory and regulatory requirements. A health

 

maintenance organization shall make available its quality

 

assessment program as prescribed by the commissioner.

 

     (2) A health maintenance organization shall establish and

 

maintain a quality improvement program to design, measure, assess,

 

and improve the processes and outcomes of health care as identified

 

in the program. A health maintenance organization shall make

 

available its quality improvement program as prescribed by the

 

commissioner. The place the quality improvement program shall be

 

under the direction of the health maintenance organization's its

 

medical director and shall include all of the following in the

 

program:

 

     (a) A written statement of the program's objectives, lines of

 

authority and accountability, evaluation tools, including data

 

collection responsibilities, and performance improvement

 

activities.

 

     (b) An annual effectiveness review of the program.

 

     (c) A written quality improvement plan that, at a minimum,

 

describes how the health maintenance organization analyzes both the

 

processes and outcomes of care, identifies the targeted diagnoses

 

and treatments to be reviewed each year, uses a range of

 

appropriate methods to analyze quality, compares program findings

 

with past performance and internal goals and external standards,

 

measures the performance of affiliated providers, and conducts peer

 

review activities.

 

     Sec. 3509. (1) An application to the commissioner director for

 

a certificate of authority shall must be on a form prescribed and

 


provided by the commissioner.director.

 

     (2) A certificate of authority issued to a health maintenance

 

organization under this chapter act is limited to the service area

 

described in the application upon on which the certificate of

 

authority was issued. Approved parts of a health maintenance

 

organization's service area are not required to be contiguous.

 

     (3) A health maintenance organization seeking to change the

 

approved service area shall submit an application to change service

 

area to the commissioner director and shall not change the service

 

area until approval is received. The commissioner director shall

 

specify the information required to be in the application under

 

this subsection.

 

     Sec. 3511. (1) By the end of the first 12 months of operation,

 

a A health maintenance organization's governing body organization

 

that is under a contract with this state to provide medical

 

services authorized under subchapter XIX or XXI of the social

 

security act, 42 USC 1396 to 1396w-5 and 1397aa to 1397mm, shall

 

have a comply with either of the following requirements:

 

     (a) A minimum of 1/3 of its governing body must be

 

representatives of its membership consisting of adult enrollees of

 

the organization who are not compensated officers, employees,

 

stockholders who own more than 5% of the organization's shares, or

 

other individuals responsible for the conduct of, or financially

 

interested in, the organization's affairs. The enrollee board

 

members shall be elected by a simple plurality of the voting

 

subscribers. Each subscriber shall have 1 vote. The enrollee board

 

members shall hold office for 3 years after their election, except

 


that the terms of office following the first enrollee election may

 

be adjusted to allow the terms of enrollee board members to expire

 

on a staggered basis. A vacancy among enrollee board members shall

 

be filled by appointment by a simple majority of the remaining

 

enrollee members of the board from individuals meeting the

 

qualifications of this section. A vacancy shall be filled only for

 

the unexpired portion of the original term, at which time the

 

enrollee member shall be elected in the manner prescribed by this

 

chapter.

 

     (b) The health maintenance organization must establish a

 

consumer advisory council that reports to the governing body. The

 

consumer advisory council must include at least 1 enrollee, 1

 

family member or legal guardian of an enrollee, and 1 consumer

 

advocate.

 

     (2) A health maintenance organization's governing body shall

 

meet at least quarterly unless specifically exempted from this

 

requirement by the commissioner.director.

 

     Sec. 3513. (1) The commissioner director shall regulate health

 

delivery aspects of health maintenance organization operations for

 

the purpose of assuring to ensure that health maintenance

 

organizations are capable of providing care and services promptly,

 

appropriately, and in a manner that assures ensures continuity and

 

acceptable quality of health care. The commissioner director shall

 

encourage health maintenance organizations to utilize use a wide

 

variety of health-related disciplines and facilities and to develop

 

services that contribute to the prevention of disease and

 

disability and to the restoration of health.

 


     (2) The commissioner director shall regulate the business and

 

financial aspects of health maintenance organization operations for

 

the purpose of assuring that the organizations are financially

 

sound and follow acceptable business practices. The commissioner

 

shall assure ensure that the health maintenance organizations

 

operate in the interest of enrollees consistent with overall health

 

care cost containment while delivering acceptable quality of care

 

and services that are available and accessible to enrollees with

 

appropriate administrative costs and health care provider

 

incentives. A health maintenance organization shall do all of the

 

following:

 

     (a) Provide, as promptly as appropriate, health maintenance

 

services in a manner that assures ensures continuity and imparts

 

quality health care under conditions the commissioner director

 

considers to be in the public interest.

 

     (b) Provide , within the geographic area served by the health

 

maintenance organization, health maintenance services within its

 

service area that are available, accessible, and provided as

 

promptly as appropriate to each of its enrollees in a manner that

 

assures continuity, and are available and accessible to enrollees

 

24 hours a day and 7 days a week for the treatment of emergency

 

episodes of illness or injury.

 

     (c) Provide adequate arrangements for a continuous evaluation

 

of the quality of health care.

 

     (c) (d) Provide that reasonable provisions exist for an

 

enrollee to obtain emergency health services both within and

 

outside of the geographic its service area. served by the health

 


maintenance organization.

 

     (e) Provide that reasonable procedures exist for resolving

 

enrollee grievances as required by this chapter or as otherwise

 

provided by law.

 

     (3) (f) Be A health maintenance organization must be

 

incorporated as a distinct legal entity under the business

 

corporation act, 1972 PA 284, MCL 450.1101 to 450.2098, the

 

nonprofit corporation act, 1982 PA 162, MCL 450.2101 to 450.3192,

 

or the Michigan limited liability company act, 1993 PA 23, MCL

 

450.4101 to 450.5200.

 

     (g) Have a governing body that meets the requirements of this

 

chapter.

 

     Sec. 3515. (1) A health maintenance organization may provide

 

additional health maintenance services or any other related health

 

care service or treatment not required under this chapter.act.

 

     (2) A health maintenance organization may have health

 

maintenance contracts with deductibles. A health maintenance

 

organization may have health maintenance contracts that include

 

copayments, stated as dollar amounts for the cost of covered

 

services, and coinsurance, stated as percentages for the cost of

 

covered services. Coinsurance for basic health services, excluding

 

deductibles, shall not exceed 50% of a health maintenance

 

organization's reimbursement to an affiliated provider for

 

providing the service to an enrollee and shall not be based on the

 

provider's standard charge for the service. This subsection does

 

not limit the commissioner's director's authority to regulate and

 

establish fair, sound, and reasonable copayment and coinsurance

 


limits including out of pocket maximums.

 

     (3) By May 15, 2008, and by each May 15 after 2008, the

 

commissioner shall make a determination as to whether the greater

 

copayment and coinsurance levels allowed by the amendatory act that

 

added this subsection have increased the number of employers who

 

have contracted for health maintenance organization services and

 

whether these levels have increased the number of enrollees

 

receiving health maintenance organization services. In making this

 

determination, the commissioner shall hold a public hearing by

 

February 1, 2008, and may hold a public hearing thereafter, shall

 

seek the advice and input from appropriate independent sources,

 

including, but not limited to, all health maintenance organizations

 

operating in this state and with enrollees in this state, and shall

 

issue a report delineating specific examples of copayment and

 

coinsurance levels in force and suggestions to increase the number

 

of persons enrolled in health maintenance organizations.

 

     (4) If the results of the report issued under subsection (3)

 

are disputed or if the commissioner determines that the

 

circumstances that the report was based on have changed, the

 

commissioner shall issue a supplemental report to the report under

 

subsection (3) that includes copies of the written objections

 

disputing the commissioner's report determinations or that

 

specifies the change of circumstances. The supplemental report

 

shall be issued not later than December 15 immediately following

 

the release of the report under subsection (3) that this report

 

supplements and shall be supported by substantial evidence.

 

     (5) All of the following shall be considered by the

 


commissioner for purposes of subsections (3) and (4):

 

     (a) Information and data gathered from health maintenance

 

organizations regarding the effects of greater copayment and

 

coinsurance levels allowed by the amendatory act that added this

 

subsection.

 

     (b) Information and data provided by employers who employ

 

residents of this state.

 

     (c) Any other information and data the commissioner considers

 

relevant.

 

     (6) The reports and certifications required under subsections

 

(3) and (4) shall be forwarded to the governor, the clerk of the

 

house of representatives, the secretary of the senate, and all

 

members of the senate and house of representatives standing

 

committees on insurance and health issues.

 

     (3) (7) A health maintenance organization shall not require

 

that contributions be made to a deductible for preventive health

 

care services. As used in this subsection, "preventive health care

 

services" means services designated to maintain an individual in

 

optimum health and to prevent unnecessary injury, illness, or

 

disability.

 

     (4) (8) A health maintenance organization may accept from

 

governmental agencies and from private persons payments covering

 

any part of the cost of health maintenance contracts.

 

     Sec. 3517. (1) A health maintenance contract shall not provide

 

for payment of cash or other material benefit to an enrollee ,

 

except other than as stated in this chapter.permitted under the law

 

of this state or as approved by the director under section 2236.

 


     (2) Subsection (1) does not prohibit a health maintenance

 

organization from promoting optimum health by offering to all

 

currently enrolled subscribers or to all currently covered

 

enrollees 1 or more healthy lifestyle programs. A As used in this

 

subsection, "healthy lifestyle program" means a program recognized

 

by a health maintenance organization that enhances health, educates

 

enrollees on health-related matters, or reduces risk of disease,

 

including, but not limited to, promoting nutrition and physical

 

exercise and compliance with disease management programs and

 

preventive service guidelines that are supported by evidence-based

 

medical practice. A healthy lifestyle program may include other

 

requirements in addition to those that enhance health, educate

 

enrollees on health-related matters, or reduce risk of disease if

 

the healthy lifestyle program, taken as a whole, meets the intent

 

of this subsection. Subsection (1) does not prohibit a health

 

maintenance organization from offering a currently enrolled

 

subscriber or currently covered enrollee goods, vouchers, or

 

equipment that supports achieving optimal health goals. An offering

 

of goods, vouchers, or equipment under this subsection is not a

 

violation of subsection (1) and shall is not be considered valuable

 

consideration, a material benefit, a gift, a rebate, or an

 

inducement under this act.

 

     (3) For an emergency episode of illness or injury that

 

requires immediate treatment before it can be secured through the

 

health maintenance organization, or for an out-of-area service

 

specifically authorized by the health maintenance organization, an

 

enrollee may utilize use a provider within in or without outside of

 


this state not normally engaged by the health maintenance

 

organization to render service to its enrollees. The health

 

maintenance organization shall pay reasonable expenses or fees to

 

the provider or enrollee as appropriate in an individual case.

 

These transactions are not considered acts of insurance and, except

 

as provided in this chapter and section 3406k, are not otherwise

 

subject to this act.

 

     Sec. 3519. (1) A health maintenance organization contract and

 

the contract's rates, including any deductibles, copayments, and

 

coinsurances, between the organization and its subscribers shall be

 

fair, sound, and reasonable in relation to the services provided,

 

and the procedures for offering and terminating contracts shall not

 

be unfairly discriminatory.

 

     (2) A health maintenance organization contract and the

 

contract's rates shall not discriminate on the basis of race,

 

color, creed, national origin, residence within the approved

 

service area of the health maintenance organization, lawful

 

occupation, sex, handicap, or marital status, except that marital

 

status may be used to classify individuals or risks for the purpose

 

of insuring family units. The commissioner may approve a rate

 

differential based on sex, age, residence, disability, marital

 

status, or lawful occupation, if the differential is supported by

 

sound actuarial principles, a reasonable classification system, and

 

is related to the actual and credible loss statistics or reasonably

 

anticipated experience for new coverages. A healthy lifestyle

 

program as defined in section 3517(2) is not subject to the

 

commissioner's approval under this subsection and is not required

 


to be supported by sound actuarial principles, a reasonable

 

classification system, or be related to actual and credible loss

 

statistics or reasonably anticipated experience for new coverages.

 

     (3) All health maintenance organization contracts shall

 

include, at a minimum, offer basic health services to large

 

employers in at least 1 health maintenance contract.

 

     Sec. 3528. (1) A health maintenance organization shall do all

 

of the following:

 

     (a) Establish establish written policies and procedures for

 

credentialing verification of all health professionals with whom

 

the health maintenance organization contracts. and A health

 

maintenance organization shall apply these standards consistently.

 

This act does not require a health maintenance organization to

 

select a provider as an affiliated provider solely because the

 

provider meets the health maintenance organization's credentialing

 

verification standards. This act does not prevent a health

 

maintenance organization from using separate or additional criteria

 

in selecting the health professionals with whom it contracts.

 

     (b) Verify the credentials of a health professional before

 

entering into a contract with that health professional. The health

 

maintenance organization's medical director or other designated

 

health professional shall have responsibility for, and shall

 

participate in, health professional credentialing verification.

 

     (c) Establish a credentialing verification committee

 

consisting of licensed physicians and other health professionals to

 

review credentialing verification information and supporting

 

documents and make decisions regarding credentialing verification.

 


     (d) Make available for review by the applying health

 

professional upon written request all application and credentialing

 

verification policies and procedures.

 

     (e) Retain all records and documents relating to a health

 

professional's credentialing verification process for at least 2

 

years.

 

     (f) Keep confidential all information obtained in the

 

credentialing verification process, except as otherwise provided by

 

law.

 

     (2) A health maintenance organization shall obtain primary

 

verification of at least all of the following information about an

 

applicant to become a health professional with the health

 

maintenance organization:

 

     (a) Current license to practice in this state and history of

 

licensure.

 

     (b) Current level of professional liability coverage, if

 

applicable.

 

     (c) Status of hospital privileges, if applicable.

 

     (3) A health maintenance organization shall obtain, subject to

 

either primary or secondary verification at the health maintenance

 

organization's discretion, all of the following information about

 

an applicant to become an affiliated provider with the health

 

maintenance organization:

 

     (a) The health professional's license history in this and all

 

other states.

 

     (b) The health professional's malpractice history.

 

     (c) The health professional's practice history.

 


     (d) Specialty board certification status, if applicable.

 

     (e) Current drug enforcement agency (DEA) registration

 

certificate, if applicable.

 

     (f) Graduation from medical or other appropriate school.

 

     (g) Completion of postgraduate training, if applicable.

 

     (4) A health maintenance organization shall obtain at least

 

every 3 years primary verification of all of the following for a

 

participating health professional:

 

     (a) Current license to practice in this state.

 

     (b) Current level of professional liability coverage, if

 

applicable.

 

     (c) Status of hospital privileges, if applicable.

 

     (5) A health maintenance organization shall require all

 

participating providers to notify the health maintenance

 

organization of changes in the status of any of the items listed in

 

this section at any time and identify for providers the individual

 

at the health maintenance organization to whom they should report

 

changes in the status of an item listed in this section.

 

     (6) A health maintenance organization shall provide a health

 

professional with the opportunity to review and correct information

 

submitted in support of that health professional's credentialing

 

verification application as follows:

 

     (a) Each health professional who is subject to the

 

credentialing verification process has the right to review all

 

information, including the source of that information, obtained by

 

the health maintenance organization to satisfy the requirements of

 

this section during the health maintenance organization's

 


credentialing process.

 

     (b) A health maintenance organization shall notify a health

 

professional of any information obtained during the health

 

maintenance organization's credentialing verification process that

 

does not meet the health maintenance organization's credentialing

 

verification standards or that varies substantially from the

 

information provided to the health maintenance organization by the

 

health professional, except that the health maintenance

 

organization is not required to reveal the source of information if

 

the information is not obtained to meet the requirements of this

 

section or if disclosure is prohibited by law.

 

     (c) A health professional has the right to correct any

 

erroneous information. A health maintenance organization shall have

 

a formal process by which a health professional may submit

 

supplemental or corrected information to the health maintenance

 

organization's credentialing verification committee and request a

 

reconsideration of the health professional's credentialing

 

verification application if the health professional feels that the

 

health carrier's credentialing verification committee has received

 

information that is incorrect or misleading. Supplemental

 

information is subject to confirmation by the health maintenance

 

organization.

 

     (7) If a health maintenance organization contracts to have

 

another entity perform the credentialing functions required by this

 

section, the commissioner shall hold the health maintenance

 

organization responsible for monitoring the activities of the

 

entity with which it contracts and for ensuring that the

 


requirements of this section are met.

 

     (8) Nothing in this act shall be construed to require a health

 

maintenance organization to select a provider as a participating

 

provider solely because the provider meets the health maintenance

 

organization's credentialing verification standards, or to prevent

 

a health maintenance organization from utilizing separate or

 

additional criteria in selecting the health professionals with whom

 

it contracts.

 

     (2) A health maintenance organization is considered to meet

 

the requirements of this section if the health maintenance

 

organization is accredited by a nationally recognized accredited

 

body approved by the director. As used in this subsection,

 

"nationally recognized accredited body" includes the National

 

Committee for Quality Assurance.

 

     Sec. 3533. (1) A Subject to section 3405, a health maintenance

 

organization may offer prudent purchaser contracts to groups or

 

individuals and in conjunction with those contracts a health

 

maintenance organization may pay or may reimburse enrollees, or may

 

contract with another entity person to pay or reimburse enrollees,

 

for unauthorized services or for services by nonaffiliated

 

providers in accordance with the terms of the contract and subject

 

to copayments, coinsurances, deductibles, or other financial

 

penalties designed to encourage enrollees to obtain services from

 

the organization's affiliated providers.

 

     (2) Prudent purchaser contracts and the rates charged for them

 

are subject to the same regulatory requirements as health

 

maintenance contracts. The rates charged by an organization for

 


coverage under contracts issued under this section shall not be

 

unreasonably lower than what is necessary to meet the expenses of

 

the organization for providing this coverage and shall not have an

 

anticompetitive effect or result in predatory pricing in relation

 

to prudent purchaser agreement coverages offered by other

 

organizations.

 

     (3) A health maintenance organization shall not issue prudent

 

purchaser contracts unless it is in full compliance with the

 

requirements for adequate working capital, statutory deposits, and

 

reserves as provided in this chapter and it is not operating under

 

any limitation to its authorization to do business in this state.

 

     (4) A health maintenance organization shall maintain financial

 

records for its prudent purchaser contracts and activities in a

 

form separate or separable from the financial records of other

 

operations and activities carried on by the organization.

 

     Sec. 3535. Solicitation of enrollees or advertising of the

 

services, charges, or other nonprofessional aspects of the health

 

maintenance organization's operation under this section shall is

 

not be construed to be in violation of laws relating to

 

solicitation or advertising by health professionals. , but A health

 

maintenance organization shall not, in its solicitation or

 

advertising allowed under this section, include advertising that

 

makes any a qualitative judgment as to a health professional who

 

provides services for a the health maintenance organization. A

 

health maintenance organization shall not, in its solicitation or

 

advertising shall not allowed under this section, offer a material

 

benefit or other thing of value as an inducement to prospective

 


subscribers other than the services of the health maintenance

 

organization.

 

     Sec. 3544. (1) A health maintenance organization may process

 

and pay claims on behalf of a noninsured benefit plan only after

 

the health maintenance organization has received adequate money

 

from the noninsured benefit plan sponsor to fully cover the claim

 

payments.

 

     (2) As used in this section, "noninsured benefit plan" means

 

that term as defined in section 5208.

 

     Sec. 3545. With the commissioner's director's prior approval,

 

a health maintenance organization may acquire obligations from

 

another managed care entity. The commissioner director shall not

 

grant prior approval unless the commissioner director determines

 

that the transaction will not jeopardize the health maintenance

 

organization's financial security.

 

     Sec. 3547. (1) The commissioner director at any time may visit

 

or examine the health care service operations of a health

 

maintenance organization and consult with enrollees to the extent

 

necessary to carry out the intent of this chapter.act.

 

     (2) In addition to The director has the authority granted

 

under chapter 2 , the commissioner:with regard to a health

 

maintenance organization under this chapter.

 

     (3) (a) Shall have A health maintenance organization shall

 

give the director access to all information of the health

 

maintenance organization relating to the delivery of health

 

services, including, but not limited to books, papers, computer

 

databases, and documents, in a manner that preserves the

 


confidentiality of the health records of individual enrollees.

 

     (4) (b) May require the submission of At the request of the

 

director, a health maintenance organization shall submit

 

information regarding a proposed contract between a the health

 

maintenance organization and an affiliated provider as that the

 

commissioner director considers necessary to assure ensure that the

 

contract is in compliance with this chapter.act.

 

     Sec. 3548. (1) A health maintenance organization shall keep

 

all of its books, records, and files at or under the control of its

 

principal place of doing business in this state, and shall keep a

 

record of all of its securities, notes, mortgages, or other

 

evidences of indebtedness, representing investment of funds at its

 

principal place of doing business in this state in the same manner

 

as provided for in section 5256.

 

     (2) A health maintenance organization shall maintain financial

 

records for its health maintenance activities separate from the

 

financial records of any other operation or activity. carried on by

 

the person licensed under this chapter to operate the health

 

maintenance organization.

 

     (3) A health maintenance organization shall hold and maintain

 

legal title to all assets, including cash and investments. Health A

 

health maintenance organization shall not commingle funds and or

 

assets shall not be commingled with affiliates or other entities in

 

pooling or cash management type arrangements with affiliates or

 

other persons. All A health maintenance organization shall hold all

 

of its assets shall be held separate from all other activities of

 

other members in a holding company system.

 


     Sec. 3551. (1) A health maintenance organization's

 

organization shall determine its minimum net worth shall be

 

determined using accounting procedures approved by the commissioner

 

that director. The accounting procedures must ensure that a health

 

maintenance organization is financially and actuarially sound.

 

     (2) A health maintenance organization licensed under former

 

part 210 of the public health code, 1978 PA 368, on the effective

 

date of this chapter that automatically received a certificate of

 

authority under section 3505(1) shall possess and maintain

 

unimpaired net worth as required under former section 21034 of the

 

public health code, 1978 PA 368, until the earlier of the

 

following:

 

     (a) The health maintenance organization attains a level of net

 

worth as provided in subsection (3) at which time the health

 

maintenance organization shall continue to maintain that level of

 

net worth.

 

     (b) December 31, 2003.

 

     (2) (3) A health maintenance organization applying for To

 

obtain or maintain a certificate of authority on or after the

 

effective date of this chapter and in this state, a health

 

maintenance organization wishing to maintain a certificate of

 

authority in this state after December 31, 2003 shall possess and

 

maintain unimpaired net worth in an amount determined adequate by

 

the commissioner director to continue to comply with section 403

 

but not in an amount less than the following, as applicable:

 

     (a) For a health maintenance organization that contracts with

 

or employs providers in numbers sufficient to provide 90% of the

 


health maintenance organization's benefit payout, minimum net worth

 

is the greatest of the following:

 

     (i) $1,500,000.00.

 

     (ii) Four percent of the health maintenance organization's

 

subscription revenue.

 

     (iii) Three months' uncovered expenditures.

 

     (b) For a health maintenance organization that does not

 

contract with or employ providers in numbers sufficient to provide

 

90% of the health maintenance organization's benefit payout,

 

minimum net worth is the greatest of the following:

 

     (i) $3,000,000.00.

 

     (ii) Ten percent of the health maintenance organization's

 

subscription revenue.

 

     (iii) Three months' uncovered expenditures.

 

     (3) (4) The commissioner director shall take into account the

 

risk-based capital requirements as developed by the national

 

association of insurance commissioners National Association of

 

Insurance Commissioners in order to determine adequate compliance

 

with section 403 under this section.

 

     Sec. 3553. (1) Minimum deposit requirements for a health

 

maintenance organization shall be determined as provided under this

 

section and using accounting procedures approved by the

 

commissioner that ensure that a health maintenance organization is

 

financially and actuarially sound.

 

     (2) A health maintenance organization licensed under former

 

part 210 of the public health code, 1978 PA 368, on the effective

 

date of this chapter that automatically received a certificate of

 


authority under section 3505(1) shall possess and maintain a

 

deposit as required under former section 21034 of the public health

 

code, 1978 PA 368, until the earlier of the following:

 

     (a) The health maintenance organization attains the level of

 

deposit as provided in subsection (3) at which time the health

 

maintenance organization shall continue to maintain that level of

 

deposit.

 

     (b) December 31, 2001.

 

     (1) (3) A To obtain or maintain a certificate of authority in

 

this state, a health maintenance organization applying for a

 

certificate of authority on or after the effective date of this

 

chapter and a health maintenance organization wishing to maintain a

 

certificate of authority in this state after December 31, 2001

 

shall possess and maintain a deposit in an amount determined

 

adequate by the commissioner director to continue to comply with

 

section 403 but not less than $100,000.00 plus 5% of annual

 

subscription revenue up to a $1,000,000.00 maximum deposit.

 

     (2) (4) The A health maintenance organization shall make the

 

deposit required under this section shall be made subsection (1)

 

with the state treasurer or with a federal or state chartered

 

financial institution under a trust indenture acceptable to the

 

commissioner director for the sole benefit of the subscribers and

 

enrollees in case of insolvency.

 

     Sec. 3555. A health maintenance organization shall maintain a

 

financial plan evaluating, at a minimum, cash flow needs and

 

adequacy of working capital. The plan shall under this subsection

 

must do all of the following:

 


     (a) Demonstrate compliance with all health maintenance

 

organization financial requirements provided for in this

 

chapter.act.

 

     (b) Provide for adequate working capital, which shall must not

 

be negative at any time. The commissioner director may establish a

 

minimum working capital requirement for a health maintenance

 

organization to ensure the prompt payment of liabilities.

 

     (c) Identify the means of achieving and maintaining a positive

 

cash flow, including provisions for retirement of existing or

 

proposed indebtedness.

 

     Sec. 3557. A health maintenance organization shall file notice

 

with the commissioner director of any substantive changes in

 

operations no later than within 30 days after the substantive

 

change in operations occurs. A substantive change in operations

 

includes, but is not limited to, any of the following:

 

     (a) A change in the health maintenance organization's officers

 

or directors. In addition to the notification, the health

 

maintenance organization shall file a disclosure statement on a

 

form prescribed by the commissioner director for each newly

 

appointed or elected officer or director.

 

     (b) A change in the location of corporate offices.

 

     (c) A change in the organization's articles of incorporation

 

or bylaws. A health maintenance organization shall include a copy

 

of the revised articles of incorporation or bylaws shall be

 

included with the notice.

 

     (d) A change in contractual arrangements under which the

 

health maintenance organization is managed.

 


     (e) Any other significant change in operations.

 

     Sec. 3559. (1) Subject to subsection (2), a health maintenance

 

organization shall obtain a reinsurance contract or establish a

 

plan of self-insurance as may be necessary to ensure solvency or to

 

protect subscribers in the event of insolvency. A reinsurance

 

contract shall must be with an insurer that is authorized or

 

eligible to transact insurance in Michigan.this state.

 

     (2) A health maintenance organization shall file a reinsurance

 

contract or plan under subsection (1) shall be filed for approval

 

with the commissioner not later than director within 30 days after

 

the finalization of the contract or plan. A reinsurance contract or

 

plan shall must clearly state all services to be received by the

 

health maintenance organization. A reinsurance contract or plan

 

shall be is considered approved 30 days after it is filed with the

 

commissioner director unless disapproved in writing by the

 

commissioner director before the expiration of those the 30 days.

 

     (3) A health maintenance organization shall maintain insurance

 

coverage to protect the health maintenance organization that

 

includes, at a minimum, fire, theft, fidelity, general liability,

 

errors and omissions, director's and officer's liability coverage,

 

and malpractice insurance. A health maintenance organization shall

 

obtain the commissioner's director's prior approval before self-

 

insuring for these coverages.

 

     Sec. 3561. A health maintenance organization shall have a plan

 

for handling insolvency that allows for continuation of benefits

 

for the duration of the health maintenance contract period for

 

which premiums have been paid and continuation of benefits to any

 


member enrollee who is confined on the date of insolvency in an

 

inpatient facility until his or her discharge from that the

 

facility. Continuation of benefits in the event of insolvency is

 

satisfied if the health maintenance organization has at least 1 of

 

the following, as approved by the commissioner:director:

 

     (a) A financial guarantee contract insured by a surety bond

 

issued by an independent insurer with a secure rating from a rating

 

agency that meets the requirements of section 436a(1)(p).

 

     (b) A reinsurance contract issued by an authorized or eligible

 

insurer to cover the expenses to be paid for continued benefits

 

after an insolvency.

 

     (c) A contract between the health maintenance organization and

 

its affiliated providers that provides for the continuation of

 

provider services in the event of the health maintenance

 

organization's insolvency. A health maintenance organization shall

 

include in a contract under this subdivision shall provide a

 

mechanism for appropriate sharing by the health maintenance

 

organization of the continuation of provider services as approved

 

by the commissioner director and shall not provide include a

 

provision that continuation of provider services is solely the

 

responsibility of the affiliated providers.

 

     (d) An irrevocable letter of credit.

 

     (e) An insolvency reserve account established with a federal

 

or state chartered financial institution under a trust indenture

 

acceptable to the commissioner director for the sole benefit of

 

subscribers and enrollees, equal to 3 months' premium income.

 

     Sec. 3563. (1) If a health maintenance organization becomes

 


insolvent, upon the commissioner's director's order all other

 

health maintenance organizations and health insurers that

 

participated in the enrollment process with the insolvent health

 

maintenance organization at a group's last regular enrollment

 

period shall offer the insolvent health maintenance organization's

 

and health insurer's group enrollees a 30-day enrollment period

 

beginning on the date of the commissioner's director's order. Each

 

health maintenance organization and health insurer shall offer the

 

insolvent health maintenance organization's enrollees the same

 

coverages and rates that it had offered to the enrollees of the

 

group at its last regular enrollment period.

 

     (2) If no other health maintenance organization or health

 

insurer had been was offered to some groups enrolled in the an

 

insolvent health maintenance organization, or if the commissioner

 

director determines that the other health maintenance organizations

 

or health insurers lack sufficient health care delivery resources

 

to assure ensure that health care services will be available and

 

accessible to all of the group enrollees of the insolvent health

 

maintenance organization, then the commissioner director shall

 

allocate equitably the insolvent health maintenance organization's

 

group contracts for these groups among all health maintenance

 

organizations that operate within a portion of the insolvent health

 

maintenance organization's service area, taking into consideration

 

the health care delivery resources of each health maintenance

 

organization. Each health maintenance organization to which a group

 

or groups are so allocated under this subsection shall offer the

 

group or groups the health maintenance organization's existing

 


coverage that is most similar to each group's coverage with the

 

insolvent health maintenance organization at rates determined in

 

accordance with the successor health maintenance organization's

 

existing rating methodology.

 

     (3) The commissioner director shall allocate equitably the

 

insolvent health maintenance organization's nongroup enrollees who

 

are unable to obtain other coverage among all health maintenance

 

organizations that operate within a portion of the insolvent health

 

maintenance organization's service area, taking into consideration

 

the health care delivery resources of each health maintenance

 

organization. Each health maintenance organization to which

 

nongroup enrollees are allocated under this subsection shall offer

 

the nongroup enrollees the health maintenance organization's

 

existing coverage without a preexisting condition limitation for

 

individual or conversion coverage as determined by the enrollee's

 

type of coverage in the insolvent health maintenance organization

 

at rates determined in accordance with under the successor health

 

maintenance organization's existing rating methodology. Successor

 

health maintenance organizations that do not offer direct nongroup

 

enrollment may aggregate all of the allocated nongroup enrollees

 

into 1 group for rating and coverage purposes.

 

     (4) If a health maintenance organization that contracts with a

 

state funded health care program becomes insolvent, the

 

commissioner director shall inform the state agency responsible for

 

the program of the insolvency. Notwithstanding any other provision

 

of this section to the contrary, enrollees of an insolvent health

 

maintenance organization covered by a state funded health care

 


program may be reassigned in accordance with under state and

 

federal statutes governing the particular program.

 

     (5) Notwithstanding any provision of this section to the

 

contrary, an enrollee of an insolvent health maintenance

 

organization who is eligible to obtain coverage as either an

 

individual or a member of a small group under an American health

 

benefit exchange established or operating in this state pursuant to

 

the patient protection and affordable care act, Public Law 111-148,

 

as amended by the health care and education reconciliation act of

 

2010, Public Law 111-152, may obtain substitute coverage through

 

the exchange.

 

     Sec. 3569. (1) Except as provided in section 3515(2), a health

 

maintenance organization shall assume full financial risk on a

 

prospective basis for the provision of health maintenance services

 

under a health maintenance organization contract. However, the A

 

health maintenance organization may do any of the following:

 

     (a) Require an affiliated provider to assume financial risk

 

under the terms of its contract.

 

     (b) Obtain insurance.

 

     (c) Make other arrangements for the cost of providing to an

 

enrollee health maintenance services the aggregate value of which

 

is more than $5,000.00 in a year for that enrollee.

 

     (2) If the health maintenance organization requires an

 

affiliated provider to assume financial risk under the terms of its

 

contract, the contract shall must require both of the following:

 

     (a) The health maintenance organization to pay the affiliated

 

provider, including a subcontracted provider, directly or through a

 


licensed third party administrator for health maintenance services

 

provided to its enrollees.

 

     (b) The health maintenance organization to keep all pooled

 

funds and withhold amounts and account for them on its financial

 

books and records and reconcile them at year end in accordance with

 

the written agreement between the affiliated provider and the

 

health maintenance organization.pursuant to the contract.

 

     (3) As used in For purposes of this section, "requiring a

 

health maintenance organization requires an affiliated provider to

 

assume financial risk" means a transaction whereby risk if it

 

shares with the affiliated provider, in return for consideration, a

 

portion of the chance of loss, including expenses incurred, related

 

to the delivery of health maintenance services is shared with an

 

affiliated provider in return for a consideration. to enrollees.

 

These The type of transactions under which a health maintenance

 

organization may require an affiliated provider to assume financial

 

risk under this section include, but are not limited to, full or

 

partial capitation agreements, withholds, risk corridors, and

 

indemnity agreements.

 

     Sec. 3571. A health maintenance organization is not precluded

 

from meeting the requirements of, receiving money from, and

 

enrolling beneficiaries or recipients of state and federal health

 

programs. A health maintenance organization that participates in a

 

state or federal health program shall meet the solvency and

 

financial requirements of this act, unless the health maintenance

 

organization is in receivership or under supervision. , but

 

Notwithstanding any provision of this act to the contrary, a health

 


maintenance organization that participates in a state or federal

 

health program is not required to offer benefits or services that

 

exceed the requirements of the state or federal health applicable

 

program. This section does not apply to state employee or federal

 

employee health programs.

 

     Sec. 3573. (1) A person proposing that proposes to operate a

 

system of health care delivery and financing that is to be offered

 

to individuals, whether or not as members of groups, in exchange

 

for a fixed payment and to be organized so that providers and the

 

organization are in some part at risk for the cost of services in a

 

manner similar to a health maintenance organization, but that fails

 

to meet the requirements set forth in this chapter, of this act for

 

a health maintenance organization, may operate such a the system of

 

health care delivery and financing if the commissioner director

 

finds that the proposed operation will benefit persons who will be

 

served by it. The director shall authorize and regulate the

 

operation shall be authorized and regulated of the system in the

 

same manner as a health maintenance organization under this chapter

 

act, including the filing of periodic reports, except to the extent

 

that the commissioner director finds that the regulation is

 

inappropriate to the system of health care delivery and financing.

 

     (2) A person operating a system of health care delivery and

 

financing under this section shall not advertise or solicit or in

 

any way identify itself in a manner implying to the public that it

 

is a health maintenance organization authorized under this

 

chapter.act.

 

     Sec. 3701. As used in this chapter:

 


     (a) "Actuarial certification" means a written statement by a

 

member of the American academy of actuaries Academy of Actuaries or

 

another individual acceptable to the commissioner director that a

 

small employer carrier is in compliance with the provisions of

 

section 3705, based upon on the person's individual's examination,

 

including a review of the appropriate records and the actuarial

 

assumptions and methods used by the carrier in establishing

 

premiums for applicable health benefit plans.

 

     (b) "Affiliation period" means a period of time required by a

 

small employer carrier that must expire before health coverage

 

becomes effective.

 

     (c) "Base premium" means the lowest premium charged for a

 

rating period under a rating system by a small employer carrier to

 

small employers for a health benefit plan in a geographic area.

 

     (d) "Carrier" means a person that provides health benefits,

 

coverage, or insurance in this state. For the purposes of this

 

chapter, carrier includes a health insurance company authorized to

 

do business in this state, a nonprofit health care corporation, a

 

health maintenance organization, a multiple employer welfare

 

arrangement, or any other person providing a plan of health

 

benefits, coverage, or insurance subject to state insurance

 

regulation.

 

     (e) "COBRA" means the consolidated omnibus budget

 

reconciliation act of 1985, Public Law 99-272. , 100 Stat. 82.

 

     (f) "Commercial carrier" means a small employer carrier other

 

than a nonprofit health care corporation or health maintenance

 

organization.

 


     (g) "Creditable coverage" means, with respect to an

 

individual, health benefits, coverage, or insurance provided under

 

any of the following:

 

     (i) A group health plan.

 

     (ii) A health benefit plan.

 

     (iii) Part A or part B of title subchapter XVIII of the social

 

security act, chapter 531, 49 Stat. 620, 42 U.S.C. USC 1395c to

 

1395i and 1395i-2 to 1395i-5, and 42 U.S.C. 1395j to 1395t, 1395u

 

to 1395w, and 1395w-2 to 1395w-4.1395w-6.

 

     (iv) Title Subchapter XIX of the social security act, chapter

 

531, 49 Stat. 620, 42 U.S.C. USC 1396 to 1396r-6 and 1396r-8 to

 

1396v, 1396w-5, other than coverage consisting solely of benefits

 

under section 1929 of title XIX of the social security act, 42

 

U.S.C. USC 1396t.

 

     (v) Chapter 55 of title 10 of the United States Code, 10

 

U.S.C. USC 1071 to 1110. 1110b. For purposes of coverage under

 

chapter 55 of title 10 of the United States Code, 10 U.S.C. USC

 

1071 to 1110, 1110b, "uniformed services" means the armed forces

 

and the commissioned corps of the national oceanic and atmospheric

 

administration National Oceanic and Atmospheric Administration and

 

of the public health service.Public Health Service.

 

     (vi) A medical care program of the Indian health service

 

Health Service or of a tribal organization.

 

     (vii) A state health benefits risk pool.

 

     (viii) A health plan offered under the employees health

 

benefits program, chapter 89 of title 5 of the United States Code,

 

5 U.S.C. USC 8901 to 8914.

 


     (ix) A public health plan. , which for purposes of this

 

chapter means a plan established or maintained by a state, county,

 

or other political subdivision of a state that provides health

 

insurance coverage to individuals enrolled in the plan.

 

     (x) A health benefit plan under section 5(e) of title I of the

 

peace corps act, Public Law 87-293, 22 U.S.C. USC 2504.

 

     (h) "Eligible employee" means an employee who works on a full-

 

time basis with a normal workweek of 30 or more hours. Eligible

 

employee includes an employee who works on a full-time basis with a

 

normal workweek of 17.5 to 30 hours, if an employer so chooses and

 

if this eligibility criterion is applied uniformly among all of the

 

employer's employees and without regard to health status-related

 

factors.

 

     (i) "Geographic area" means an area in this state that

 

includes not less than 1 entire county, is established by a carrier

 

pursuant to under section 3705, and is used for adjusting premiums

 

for a health benefit plan subject to this chapter. In addition, if

 

the geographic area includes 1 entire county and additional

 

counties or portions of counties, the counties or portions of

 

counties must be contiguous with at least 1 other county or portion

 

of another county in that geographic area.

 

     (j) "Group health plan" means an employee welfare benefit plan

 

as defined in section 3(1) of subtitle A of title I of the employee

 

retirement income security act of 1974, Public Law 93-406, 29

 

U.S.C. USC 1002, to the extent that the plan provides medical care,

 

including items and services paid for as medical care to employees

 

or their dependents as defined under the terms of the plan directly

 


or through insurance, reimbursement, or otherwise. As used in this

 

chapter, all of the following apply to the term group health plan:

 

     (i) Any plan, fund, or program that would not be, but for

 

section 2721(e) of subpart 4 of part A of title XXVII of the public

 

health service act, chapter 373, 110 Stat. 1967, 42 U.S.C. USC

 

300gg-21, 300gg-21(d), an employee welfare benefit plan and that is

 

established or maintained by a partnership, to the extent that the

 

plan, fund, or program provides medical care, including items and

 

services paid for as medical care, to present or former partners in

 

the partnership, or to their dependents, as defined under the terms

 

of the plan, fund, or program, directly or through insurance,

 

reimbursement or otherwise, shall be treated, is, subject to

 

subparagraph (ii), as an employee welfare benefit plan that is a

 

group health plan.

 

     (ii) The term "employer" also includes the partnership in

 

relation to any partner.

 

     (iii) The term "participant" also includes an individual who

 

is, or may become, eligible to receive a benefit under the plan, or

 

the individual's beneficiary who is, or may become, eligible to

 

receive a benefit under the plan. For a group health plan

 

maintained by a partnership, the individual is a partner in

 

relation to the partnership and for a group health plan maintained

 

by a self-employed individual, under which 1 or more employees are

 

participants, the individual is the self-employed individual.

 

     (k) "Health benefit plan" or "plan" means an expense-incurred

 

hospital, medical, or surgical policy or certificate, nonprofit

 

health care corporation certificate, or health maintenance

 


organization contract. Health benefit plan does not include

 

accident-only, credit, dental, or disability income insurance;

 

long-term care insurance; coverage issued as a supplement to

 

liability insurance; coverage only for a specified disease or

 

illness; worker's compensation or similar insurance; or automobile

 

medical-payment insurance.

 

     (l) "Index rate" means the arithmetic average during a rating

 

period of the base premium and the highest premium charged per

 

employee for each health benefit plan offered by each small

 

employer carrier to small employers and sole proprietors in a

 

geographic area.

 

     (m) "Nonprofit health care corporation" means a nonprofit

 

health care corporation operating pursuant to under the nonprofit

 

health care corporation reform act, 1980 PA 350, MCL 550.1101 to

 

550.1704.

 

     (n) "Premium" means all money paid by a small employer, a sole

 

proprietor, eligible employees, or eligible persons as a condition

 

of receiving coverage from a small employer carrier, including any

 

fees or other contributions associated with the health benefit

 

plan.

 

     (o) "Public health plan" means a plan established or

 

maintained by a state, county, or other political subdivision of a

 

state that provides health insurance coverage to individuals

 

enrolled in the plan.

 

     (p) (o) "Rating period" means the calendar period for which

 

premiums established by a small employer carrier are assumed to be

 

in effect, as determined by the small employer carrier.

 


     (q) (p) "Small employer" means any person , firm, corporation,

 

partnership, limited liability company, or association actively

 

engaged in business who, that, on at least 50% of its working days

 

during the preceding and current calendar years, employed at least

 

not fewer than 2 but and not more than 50 eligible employees. In

 

determining the number of eligible employees, companies persons

 

that are affiliated companies with each other or that are eligible

 

to file a combined tax return for state taxation purposes shall be

 

are considered 1 employer.

 

     (r) (q) "Small employer carrier" means either of the

 

following:

 

     (i) A a carrier that offers health benefit plans covering the

 

employees of a small employer.

 

     (ii) A carrier under section 3703(3).

 

     (r) "Sole proprietor" means an individual who is a sole

 

proprietor or sole shareholder in a trade or business through which

 

he or she earns at least 50% of his or her taxable income as

 

defined in section 30 of the income tax act of 1967, 1967 PA 281,

 

MCL 206.30, excluding investment income, and for which he or she

 

has filed the appropriate internal revenue service form 1040,

 

schedule C or F, for the previous taxable year; who is a resident

 

of this state; and who is actively employed in the operation of the

 

business, working at least 30 hours per week in at least 40 weeks

 

out of the calendar year.

 

     (s) "Waiting period" means, with respect to a health benefit

 

plan and an individual who is a potential enrollee in the plan, the

 

period that must pass with respect to the individual before the

 


individual is eligible to be covered for benefits under the terms

 

of the plan. For purposes of calculating periods of creditable

 

coverage under this chapter, a waiting period shall is not be

 

considered as a gap in coverage.

 

     Sec. 3703. (1) This chapter applies to any health benefit plan

 

that provides coverage to 2 or more employees of a small employer.

 

     (2) This chapter does not apply to individual health insurance

 

policies that are subject to policy form and premium approval by

 

the commissioner.director.

 

     (3) A nonprofit health care corporation shall make available

 

upon request a health benefit plan to a sole proprietor. This

 

chapter does apply to a nonprofit health care corporation providing

 

a health benefit plan to a sole proprietor and to any other small

 

employer carrier that elects to provide a health benefit plan to a

 

sole proprietor.

 

     Sec. 3705. (1) For adjusting premiums for health benefit plans

 

subject to this chapter, a carrier may establish up to 10

 

geographic areas in this state. A nonprofit health care corporation

 

shall establish geographic areas that cover all counties in this

 

state.

 

     (2) Premiums for a health benefit plan under this chapter are

 

subject to the following:

 

     (a) For a nonprofit health care corporation, only industry and

 

age may be used for determining the premiums within a geographic

 

area for a small employer or sole proprietor located in that the

 

geographic area. For a health maintenance organization, only

 

industry, age, and group size may be used for determining the

 


premiums within a geographic area for a small employer or sole

 

proprietor located in that the geographic area. For a commercial

 

carrier, only industry, age, group size, and health status may be

 

used for determining the premiums within a geographic area for a

 

small employer or sole proprietor located in that the geographic

 

area.

 

     (b) For a health benefit plan delivered, issued for delivery,

 

or renewed in this state on or after January 1, 2014, the premiums

 

charged during a rating period to small employers shall must be

 

determined only by using the rating factors set forth in section

 

3474a.

 

     (c) The premiums charged during a rating period by a nonprofit

 

health care corporation, health maintenance organization, or

 

commercial carrier for a health benefit plan in a geographic area

 

to small employers or sole proprietors located in that the

 

geographic area shall must not vary from the index rate for that

 

the health benefit plan by more than 45% of the index rate.

 

     (d) For a sole proprietor, a small employer carrier may charge

 

an additional premium of up to 25% above the premiums in

 

subdivision (b).

 

     (d) (e) Except as otherwise provided in this section, the

 

percentage increase in the premiums charged to a small employer or

 

sole proprietor in a geographic area for a new rating period shall

 

must not exceed the sum of the annual percentage adjustment in the

 

geographic area's index rate for the health benefit plan and an

 

adjustment pursuant to under subdivision (a). The adjustment

 

pursuant to under subdivision (a) shall must not exceed 15%

 


annually and shall must be adjusted pro rata for rating periods of

 

less than 1 year. This subdivision does not prohibit an adjustment

 

due to because of change in coverage.

 

     (3) Beginning January 23, 2005, if a small employer had been

 

was covered by a self-insured health benefit plan immediately

 

preceding application for a health benefit plan subject to this

 

chapter, a carrier may charge an additional premium of up to 33%

 

above the premium in subsection (2)(b) for no more than 2 years.

 

     (4) Health benefit plan options, number of family members

 

covered, and medicare Medicare eligibility may be used in

 

establishing a small employer's or sole proprietor's premium.

 

     (5) A small employer carrier shall apply all rating factors

 

consistently with respect to all small employers and sole

 

proprietors in a geographic area. Except as otherwise provided in

 

subsection (4), a small employer carrier shall bill a small

 

employer group only with a composite rate and shall not bill so

 

that 1 or more employees in a small employer group are charged a

 

higher premium than another employee in that the small employer

 

group.

 

     Sec. 3711. (1) Except as otherwise provided in this section, a

 

small employer carrier that offers health coverage in the small

 

employer group market in connection with a health benefit plan

 

shall renew or continue in force that the plan at the option of the

 

small employer. or sole proprietor.

 

     (2) Guaranteed renewal under subsection (1) is not required in

 

cases of: any of the following circumstances:

 

     (a) There is fraud or intentional misrepresentation of by the

 


small employer. or, for

 

     (b) For coverage of an insured individual, there is fraud or

 

misrepresentation by the insured individual or the individual's

 

representative. ; lack

 

     (c) Lack of payment. ; noncompliance

 

     (d) Noncompliance with minimum contribution requirements.

 

     (e) Noncompliance with minimum participation requirements. ;

 

if the

 

     (f) The small employer carrier no longer offers that

 

particular type of coverage in the market. ; or if the sole

 

proprietor or

 

     (g) The small employer moves outside the geographic area.

 

     (3) A small employer carrier that offers health coverage in

 

the small employer group market may modify a health benefit plan if

 

the modification is consistent with state law and effective on a

 

uniform basis among all small employers with coverage under the

 

health benefit plan.

 

     Sec. 3723. The provisions of this This chapter apply applies

 

to each a health benefit plan for a small employer or sole

 

proprietor that is delivered, issued for delivery, renewed, or

 

continued in this state on or after the effective date of this

 

chapter. January 22, 2004. For purposes of this section, the date a

 

health benefit plan is continued is the first rating period that

 

begins on or after the effective date of this chapter.January 22,

 

2004.

 

     Sec. 4601. As used in this chapter:

 

     (a) "Affiliated company" means a company in the same corporate

 


system as a parent, an industrial insured, or a member organization

 

by virtue of common ownership, control, operation, or management.

 

     (b) "Alien captive insurance company" means an insurer formed

 

to write insurance business for its parents and affiliates and

 

licensed pursuant to the laws of a country other than the United

 

States or any a state, district, commonwealth, territory, or

 

possession of the United States.

 

     (c) "Association" means a legal group of individuals,

 

corporations, limited liability companies, partnerships, political

 

subdivisions, or groups that has been in continuous existence for

 

at least 1 year and the member organizations of which collectively,

 

or which that does itself, own, control, or hold, with power to

 

vote, all of the outstanding voting securities of an association

 

captive insurance company incorporated as a stock insurer or

 

organized as a limited liability company; or has complete voting

 

control over an association captive insurance company organized as

 

a mutual insurer.

 

     (d) "Association captive insurance company" means a company

 

that insures risks of the member organizations of the association

 

and their affiliated companies.

 

     (e) "Branch business" means any insurance business transacted

 

by a branch captive insurance company in this state.

 

     (f) "Branch captive insurance company" means an alien captive

 

insurance company authorized by the commissioner director to

 

transact the business of insurance in this state through a business

 

unit with a principal place of business in this state.

 

     (g) "Branch operations" means any business operations of a

 


branch captive insurance company in this state.

 

     (h) "Captive insurance company" means a pure captive insurance

 

company, association captive insurance company, sponsored captive

 

insurance company, special purpose captive insurance company, or

 

industrial insured captive insurance company authorized under this

 

chapter. For purposes of this chapter, a branch captive insurance

 

company shall must be a pure captive insurance company with respect

 

to operations in this state, unless otherwise permitted by the

 

commissioner.director.

 

     (i) "Commissioner" means the commissioner of the office of

 

financial and insurance regulation or the commissioner's designee.

 

     (i) (j) "Control", including the terms "controlling",

 

"controlled by", and "under common control with", means the

 

possession, direct or indirect, of the power to direct or cause the

 

direction of the management and policies of a person, whether

 

through the ownership of voting securities, by contract other than

 

a commercial contract for goods or nonmanagement services, or

 

otherwise, unless the power is the result of an official position

 

with or corporate office held by the person. Control is presumed to

 

exist if a person, directly or indirectly, owns, controls, holds

 

with the power to vote, or holds proxies representing 10% or more

 

of the voting securities of another person. A showing that control

 

does not exist may rebut this presumption.

 

     (j) (k) "Controlled unaffiliated business" means a company

 

that meets to which all of the following apply:

 

     (i) Is The company is not in the corporate system of a parent

 

and affiliated companies.

 


     (ii) Has The company has an existing contractual relationship

 

with a parent or affiliated company.

 

     (iii) Has The company has risks managed by a captive insurance

 

company in accordance with this chapter.

 

     (k) (l) "Foreign captive insurer" means an insurer formed

 

under the laws of the District of Columbia, or some a state,

 

commonwealth, territory, or possession of the United States other

 

than the this state. of Michigan.

 

     (l) (m) "GAAP" means generally accepted accounting principles.

 

     (m) (n) "Industrial insured" means an insured that meets to

 

which all of the following apply:

 

     (i) That The insured procures insurance by use of the services

 

of a full-time employee acting as a risk manager or insurance

 

manager or utilizing the services of a regularly and continuously

 

qualified insurance consultant.

 

     (ii) Whose The insured's aggregate annual premiums for

 

insurance on all risks total at least $25,000.00.

 

     (iii) That The insured has at least 25 full-time employees.

 

     (n) (o) "Industrial insured captive insurance company" means a

 

company that insures risks of the industrial insureds that comprise

 

the industrial insured group and their affiliated companies.

 

     (o) (p) "Industrial insured group" means a group that meets

 

either of the following criteria:

 

     (i) Is The group is a group of industrial insureds that

 

collectively own, control, or hold, with power to vote, all of the

 

outstanding voting securities of an industrial insured captive

 

insurance company incorporated as a stock insurer or limited

 


liability company or have complete voting control over an

 

industrial insured captive insurance company incorporated as a

 

mutual insurer.

 

     (ii) Is The group is a group created under the liability risk

 

retention act of 1986, 15 USC 3901 to 3906, and chapter 18, as a

 

corporation or other limited liability association taxable as a

 

stock insurance company or a mutual insurer under this chapter.

 

     (p) (q) "Irrevocable letter of credit" means a letter of

 

credit that meets the description in section 1105(c).

 

     (q) (r) "Member organization" means any an individual,

 

corporation, limited liability company, partnership, or association

 

that belongs to an association.

 

     (r) (s) "Office" means the office of financial and insurance

 

regulation.department.

 

     (s) (t) "Organizational document" means the articles of

 

incorporation, articles of organization, bylaws, operating

 

agreement, or other foundational documents that create a legal

 

entity or prescribe its existence.

 

     (t) (u) "Parent" means any a corporation, limited liability

 

company, partnership, or individual that directly or indirectly

 

owns, controls, or holds with power to vote more than 50% of the

 

outstanding voting interests of a company.

 

     (u) (v) "Participant" means an entity as described in section

 

4667, and any affiliates of that the entity, that are insured by a

 

sponsored captive insurance company, where if the recovery of the

 

participant is limited through a participant contract to the assets

 

of a protected cell.

 


     (v) (w) "Participant contract" means a contract by which a

 

sponsored captive insurance company insures the risks of a

 

participant and limits the recovery of the participant to the

 

assets of a protected cell.

 

     (w) (x) "Protected cell" means a segregated account

 

established and maintained by a sponsored captive insurance company

 

for 1 participant.

 

     (x) (y) "Pure captive insurance company" means a company that

 

insures risks of its parent, affiliated companies, controlled

 

unaffiliated business, businesses, or a combination of its parent,

 

affiliated companies, and controlled unaffiliated

 

business.businesses.

 

     (y) (z) "Qualified United States financial institution" means

 

that term as defined in section 1101.

 

     (z) (aa) "Safe, reliable, and entitled to public confidence"

 

means that term as defined in section 116(d).116.

 

     (aa) (bb) "Special purpose captive insurance company" means a

 

captive insurance company that is authorized under this chapter and

 

chapter 47 that does not meet the definition of any other type of

 

captive insurance company defined in this section.

 

     (bb) (cc) "Sponsor" means an entity that meets the

 

requirements of section 4665 and is approved by the commissioner

 

director to provide all or part of the capital and retained

 

earnings required by applicable law and to organize and operate a

 

sponsored captive insurance company.

 

     (cc) (dd) "Sponsored captive insurance company" means a

 

captive insurance company in which the minimum capital and retained

 


earnings required by applicable law is provided by 1 or more

 

sponsors, that is authorized under this chapter, that insures the

 

risks of separate participants through the participant contract,

 

and that segregates each participant's liability through 1 or more

 

protected cells.

 

     (dd) (ee) "Surplus" means unassigned funds for an entity using

 

statutory accounting principles, with capital and surplus including

 

all capital stock, paid in capital and contributed surplus, and

 

other surplus funds with corresponding items under GAAP consisting

 

of retained earnings and accumulated other comprehensive income,

 

with capital and retained earnings including all capital stock,

 

additional paid in capital, and other equity funds.

 

     (ee) (ff) "Treasury rates" means the United States treasury

 

strips asked yield as published in the Wall Street Journal as of a

 

balance sheet date.

 

     (ff) (gg) "Voting security" includes any security convertible

 

into or evidencing the right to acquire a voting security.

 

     Sec. 4701. As used in this chapter:

 

     (a) "Affiliated company" means a company in the same corporate

 

system as a parent, by virtue of common ownership, control,

 

operation, or management.

 

     (b) "Captive LLC" means a limited liability company

 

established under the Michigan limited liability company act, 1993

 

PA 23, MCL 450.4101 to 450.5200, or a comparable provisions of any

 

other law of another state, law, including the District of

 

Columbia, by a parent, counterparty, affiliated company, or SPFC

 

for the purpose of issuing SPFC securities, entering an SPFC

 


contract with a counterparty, or otherwise facilitating an

 

insurance securitization.

 

     (c) "Commissioner" means the commissioner of the office of

 

financial and insurance regulation or the commissioner's designee.

 

     (c) (d) "Contested case" means a proceeding in which the legal

 

rights, duties, obligations, or privileges of a party are required

 

by law to be determined by the circuit court after an opportunity

 

for hearing.

 

     (d) (e) "Control" including the terms "controlling",

 

"controlled by", and "under common control with" means the

 

possession, direct or indirect, of the power to direct or cause the

 

direction of the management and policies of a person, whether

 

through the ownership of voting securities, by contract other than

 

a commercial contract for goods or nonmanagement services, or

 

otherwise, unless the power is the result of an official position

 

with or corporate office held by the person. Control shall be is

 

presumed to exist if a person, directly or indirectly, owns,

 

controls, holds with the power to vote, or holds proxies

 

representing 10% or more of the voting securities of another

 

person. This presumption may be rebutted by a showing that control

 

does not exist. However, for purposes of this chapter, the fact

 

that an SPFC exclusively provides reinsurance to a ceding insurer

 

under an SPFC contract is not by itself sufficient grounds for a

 

finding that the SPFC and ceding insurer are under common control.

 

     (e) (f) "Counterparty" means an SPFC's parent or affiliated

 

company, or, subject to the prior approval of the commissioner,

 

director, a nonaffiliated company as ceding insurer to the SPFC

 


contract.

 

     (f) (g) "Fair value" means the following:

 

     (i) For cash, the amount of the cash.

 

     (ii) For assets an asset other than cash, the amount at which

 

that the asset could be bought or sold in a current transaction

 

between arm's length, willing parties. If available, the quoted

 

mid-market price for the asset in active markets shall must be

 

used; and if quoted mid-market prices are not available, a value

 

shall must be determined using the best information available

 

considering values of similar assets and other valuation methods,

 

such as present value of future cash flows, historical value of the

 

same or similar assets, or comparison to values of other asset

 

classes, the value of which have been historically related to the

 

subject asset.

 

     (g) (h) "Foreign captive" means a captive insurer formed under

 

the laws of the District of Columbia or some a state, commonwealth,

 

territory, or possession of the United States other than the state

 

of Michigan.this state.

 

     (h) (i) "Insolvency" or "insolvent" means 1 or more of the

 

following:

 

     (i) That the SPFC is unable to pay its obligations within 30

 

days after they are due, unless those obligations are the subject

 

of a bona fide dispute.

 

     (ii) That the admitted assets of the SPFC do not exceed

 

liabilities plus minimum capital and surplus for a period of time

 

in excess of 30 days.

 

     (iii) That the Ingham county County circuit court has issued

 


an order as provided for in section 8113, 8117, or 8120 in

 

connection with a delinquency proceeding under chapter 81

 

instituted against the SPFC.

 

     (i) (j) "Insurance securitization" means a package of related

 

risk transfer instruments, capital market offerings, and

 

facilitating administrative agreements by which all of the

 

following apply:

 

     (i) The proceeds of the sale of SPFC securities are obtained,

 

in a transaction that complies with applicable securities laws, by

 

an SPFC directly through the issuance of the SPFC securities by the

 

SPFC or indirectly through the issuance of preferred securities by

 

the SPFC in exchange for some or all of the proceeds of the sale of

 

SPFC securities by the SPFC's parent, an affiliated company of the

 

SPFC, a counterparty, or a captive LLC.

 

     (ii) The proceeds of the issuance of the SPFC securities

 

secure the obligations of the SPFC under 1 or more SPFC contracts

 

with a counterparty.

 

     (iii) The obligation to the holders of the SPFC securities is

 

secured by assets obtained with proceeds of the SPFC securities in

 

accordance with the transaction terms.

 

     (j) (k) "Irrevocable letter of credit" means a letter of

 

credit that meets the description in section 1105(c).

 

     (k) (l) "Management" means the board of directors, managing

 

board, or other individual or individuals vested with overall

 

responsibility for the management of the affairs of the SPFC,

 

including the election and appointment of officers or other agents

 

to act on behalf of the SPFC.

 


     (l) (m) "Office" means the office of financial and insurance

 

regulation.department.

 

     (m) (n) "Organizational document" means the SPFC's articles of

 

incorporation, articles of organization, bylaws, operating

 

agreement, or other foundational documents that establish the SPFC

 

as a legal entity or prescribes its existence.

 

     (n) (o) "Parent" means any a corporation, limited liability

 

company, partnership, or individual that directly or indirectly

 

owns, controls, or holds with power to vote more than 50% of the

 

outstanding voting securities of an SPFC.

 

     (o) (p) "Permitted investments" means those investments that

 

meet the qualifications in section 4727(1).

 

     (p) (q) "Preferred securities" means securities, whether stock

 

or debt, issued by an SPFC to the issuer of the SPFC securities in

 

exchange for some or all of the proceeds of the issuance of the

 

SPFC securities.

 

     (q) (r) "Protected cell" means a segregated account

 

established and maintained by an SPFC for 1 or more SPFC contracts

 

that are part of a single securitization transaction as further

 

provided for in chapter 48.

 

     (r) (s) "Qualified United States financial institution" means

 

that term as defined in section 1101.

 

     (s) (t) "Reserves" means that term as used in chapter 8.

 

     (t) (u) "Safe, reliable, and entitled to public confidence"

 

means that term as defined in section 116(d).116.

 

     (u) (v) "Securities" means those different types of debt

 

obligations, equity, surplus certificates, surplus notes, funding

 


agreements, derivatives, and other legal forms of financial

 

instruments.

 

     (v) (w) "Securities commissioner" means the

 

commissioner.securities administrator in the department of

 

licensing and regulatory affairs.

 

     (w) (x) "SPFC" or "special purpose financial captive" means a

 

captive insurance company, a captive LLC, or a company otherwise

 

qualified as an authorized insurer that has received a limited

 

certificate of authority from the commissioner director for the

 

purposes provided for in this chapter.

 

     (x) (y) "SPFC contract" means a contract between the SPFC and

 

the counterparty pursuant to which the SPFC agrees to provide

 

insurance or reinsurance protection to the counterparty for risks

 

associated with the counterparty's insurance or reinsurance

 

business.

 

     (y) (z) "SPFC securities" means the securities issued pursuant

 

to an insurance securitization, the proceeds of which are used in

 

the manner described in subdivision (j).(i).

 

     (z) (aa) "Surplus note" means an unsecured subordinated debt

 

obligation possessing characteristics consistent with accounting

 

practices and procedures designated by the commissioner.director.

 

     (aa) (bb) "Third party" means a person unrelated to an SPFC or

 

its counterparty, or both, that has been aggrieved by a decision of

 

a commissioner director regarding that SPFC or its activities.

 

     Sec. 6428. (1) Every An insurer transacting business under

 

subdivision (1) of section 6406 (disability and related insurances)

 

shall be 6406(1) is subject to the provisions of sections 2242

 


(filing and approval of policy forms), section 2260 (claims

 

administration not waiver), and chapter 34. (disability insurance

 

policies), and chapter 36 (group and blanket disability insurance).

 

     (2) Every An insurer transacting business under subdivision

 

(2) of section 6406 (loss of position insurance) shall be 6406(2)

 

is subject to the provisions of section 6616, ; and all policies

 

issued after January 1, 1948, shall must grant such the

 

nonforfeiture values under annuity contracts as that are required

 

of life insurers under this insurance code.act.

 

     (3) On and after January 1, 1949, every An insurer transacting

 

business under subdivision (3) of section 6406 (life insurance)

 

shall be 6406(3) is subject to the provisions of chapters 40 (life

 

insurance policies and annuity contracts) and 42. (industrial life

 

insurance).

 

     Sec. 7060. A MEWA transacting business in this state is also

 

subject to the following additional sections and chapters of this

 

act, as applicable, in the same manner as an insurer authorized to

 

transact insurance in this state:

 

     (a) Sections Section 240(1)(c), (d), and (h). , and (j).

 

     (b) Chapter 12.

 

     (c) Chapter 20.

 

     (d) Chapter 22.

 

     (e) Chapter 34.

 

     (f) Chapter 36.

 

     (f) (g) Chapter 44.

 

     (g) (h) Chapter 81.

 

     Sec. 7705. As used in this chapter:

 


     (a) "Account" means either of the 2 accounts created under

 

section 7706.

 

     (b) "Association" means the Michigan life and health insurance

 

guaranty association created under section 7706.

 

     (c) "Authorized assessment" or "authorized" when used in the

 

context of assessments means a resolution or motion passed by the

 

association's board of directors that directs that an assessment be

 

called immediately or in the future from member insurers for a

 

specific amount. An assessment is authorized when the resolution or

 

motion is passed.

 

     (d) "Benefit plan" means a specific employee, union, or

 

association of natural persons benefit plan.

 

     (e) "Called assessment" or "called" when used in the context

 

of assessments means that a notice has been issued by the

 

association to member insurers requiring that an authorized

 

assessment be paid within the time frame set forth within the

 

notice. An authorized assessment becomes a called assessment when

 

notice is mailed by the association to member insurers.

 

     (f) "Contractual obligation" means an obligation under covered

 

policies.

 

     (g) "Covered policy" means a policy, or contract, or

 

certificate under a group policy or contract, or portion thereof,

 

of a group policy or contract, for which coverage is provided under

 

section 7704.

 

     (h) "Health insurance" means disability health insurance as

 

defined described in section 606.607.

 

     (i) "Impaired insurer" means a member insurer considered by

 


the commissioner after May 1, 1982, director to be potentially

 

unable to fulfill the insurer's contractual obligations or that is

 

placed under an order of rehabilitation or conservation by a court

 

of competent jurisdiction. Impaired insurer does not mean an

 

insolvent insurer.

 

     (j) "Insolvent insurer" means a member insurer that after May

 

1, 1982, becomes insolvent and is placed under an order of

 

liquidation , by a court of competent jurisdiction with a finding

 

of insolvency.

 

     (k) "Member insurer" means a person authorized to transact a

 

kind of insurance or annuity business in this state for which

 

coverage is provided under section 7704 and includes an insurer

 

whose certificate of authority in this state may have been

 

suspended, revoked, not renewed, or voluntarily withdrawn. Member

 

insurer does not include the following:

 

     (i) A fraternal benefit society.

 

     (ii) A cooperative plan insurer authorized under chapter 64.

 

     (iii) A health maintenance organization authorized or licensed

 

under chapter 35.

 

     (iv) A mandatory state pooling plan.

 

     (v) A mutual assessment or any entity person that operates on

 

an assessment basis.

 

     (vi) A nonprofit dental care corporation operating under 1963

 

PA 125, MCL 550.351 to 550.373.

 

     (vii) A nonprofit health care corporation operating under the

 

nonprofit health care corporation reform act, 1980 PA 350, MCL

 

550.1101 to 550.1704.

 


     (vii) (viii) An insurance exchange.

 

     (viii) (ix) An organization that has a certificate or license

 

limited to the issuance of charitable gift annuities.

 

     (ix) (x) Any entity similar to the entities described in this

 

subdivision.

 

     (l) "Moody's corporate bond yield average" means the monthly

 

average corporates as published by Moody's investors service, inc.,

 

Investors Service, Inc., or a successor to that service.

 

     (m) "Owner" of a contract or policy and "contract owner" and

 

"policy owner" mean the person who is identified as the legal owner

 

under the terms of the contract or policy or who is otherwise

 

vested with the legal title to the contract or policy through a

 

valid assignment completed in accordance with the terms of the

 

contract or policy and properly recorded as the owner on the books

 

of the insurer. The terms owner, contract owner, and policy owner

 

do not include persons with a mere beneficial interest in a

 

contract or policy.

 

     (n) "Person" means an individual, corporation, partnership,

 

association, or voluntary organization.

 

     (o) "Plan sponsor" means the following:

 

     (i) For a benefit plan established or maintained by a single

 

employer, the single employer.

 

     (ii) For a benefit plan established or maintained by an

 

employee organization, the employee or organization.

 

     (iii) For a benefit plan established or maintained by 2 or

 

more employers or jointly by 1 or more employers and 1 or more

 

employee organizations, the association, committee, joint board of

 


trustees, or other similar group of representatives of the parties

 

who establish or maintain the benefit plan.

 

     (p) "Premiums" means amounts or considerations, by whatever

 

name called, received on covered policies or contracts less

 

returned premiums, considerations, and deposits and less dividends

 

and experience credits. The term "premiums" does not include an

 

amount or consideration received for a policy or contract, or a

 

portion of a policy or contract for which coverage is not provided

 

under section 7704. However, accessible premiums shall must not be

 

reduced on account because of sections 7704(5)(c) relating to

 

interest limitations and 7704(6)(b), (c), and (e) relating to

 

limitations with respect to any 1 individual, any 1 participant,

 

and any 1 contract holder. Premiums shall do not include premiums

 

in excess of the following:

 

     (i) $5,000,000.00 on an unallocated annuity contract not

 

issued under a governmental retirement plan established under

 

section 401(k), 403(b), or 457 of the internal revenue code of

 

1986, 26 USC 401, 403, and 457.

 

     (ii) For multiple nongroup policies of life insurance owned by

 

1 owner, whether the policyowner is an individual, firm,

 

corporation, or other person, and whether the persons insured are

 

officers, managers, employees, or other persons, $5,000,000.00 with

 

respect to these policies or contracts, regardless of the number of

 

policies or contracts held by the owner.

 

     (q) "Principal place of business" of a plan sponsor or a

 

person other than a natural person means the state in which the

 

natural persons who establish policy for the direction, control,

 


and coordination of the entity as a whole primarily exercise that

 

function. In making this determination, the association, in its

 

reasonable judgment, shall consider all of the following factors:

 

     (i) The state in which the primary executive and

 

administrative headquarters of the entity is located.

 

     (ii) The state in which the principal office of the chief

 

executive officer of the entity is located.

 

     (iii) The state in which the board of directors, or the

 

entity's similar governing person or persons, conducts the majority

 

of its meetings.

 

     (iv) The state in which the executive or management committee

 

of the board of directors, or the entity's similar governing person

 

or persons, conducts the majority of its meetings.

 

     (v) The state from which the management of the overall

 

operations of the entity is directed.

 

     (vi) For a benefit plan sponsored by affiliated companies

 

comprising a consolidated corporation, the state in which the

 

holding company or controlling affiliate has its principal place of

 

business as determined using subparagraphs (i) to (v). However, for

 

a plan sponsor, if more than 50% of the participants in the benefit

 

plan are employed in a single state, that state is the principal

 

place of business of the plan sponsor.

 

     (vii) For a plan sponsor of a benefit plan, the principal

 

place of business of the association, committee, joint board of

 

trustees, or other similar group of representatives of the parties

 

who establish or maintain the benefit plan shall be is based upon

 

on the location of the principal place of business of the employer

 


or employee organization that has the largest investment in the

 

benefit plan in lieu instead of a specific or clear designation of

 

a principal place of business.

 

     (r) "Receivership court" means the court in the insolvent

 

insurer's or impaired insurer's state having jurisdiction over the

 

conservation, rehabilitation, or liquidation of the insurer.

 

     (s) "Resident" means a person who resides in this state at the

 

time a member insurer is determined to be an impaired insurer or

 

insolvent insurer and to whom contractual obligations are owed. A

 

person may be considered a resident of only 1 state, which, in the

 

case of for a person other than a natural person, is its principal

 

place of business. Citizens of the United States who are either

 

residents of foreign countries or residents of the United States

 

possessions, territories, or protectorates that do not have an

 

association similar to the association created by this chapter

 

shall be are considered residents of this state if the insurer that

 

issued the policies or contracts is domiciled in this state.

 

     (t) "State" means a state, the District of Columbia, Puerto

 

Rico, or a United States possession, territory, or protectorate.

 

     (u) "Structured settlement annuity" means an annuity purchased

 

in order to fund periodic payments for a plaintiff or other

 

claimant in payment for or with respect to personal injury suffered

 

by the plaintiff or other claimant.

 

     (v) "Supplemental contract" means a written agreement entered

 

into for the distribution of proceeds under a life, health, or

 

annuity policy or contract.

 

     (w) "Unallocated annuity contract" means an annuity contract

 


or group annuity certificate that is not issued to and owned by an

 

individual, except to the extent of an annuity benefit guaranteed

 

to an individual by an insurer under the contract or certificate.

 

The term shall also include, Unallocated annuity contract includes,

 

but is not limited to, a guaranteed investment contracts and

 

contract or a deposit administration contracts.contract.

 

     Enacting section 1. Sections 2242, 3401, 3406f, 3406g, 3439,

 

3521, 3523, 3525, 3527, 3537, 3539, 3541, 3542, 3543, 3549, 3565,

 

3567, 3580, and 3706 and chapter 36 of the insurance code of 1956,

 

1956 PA 218, MCL 500.2242, 500.3401, 500.3406f, 500.3406g,

 

500.3439, 500.3521, 500.3523, 500.3525, 500.3527, 500.3537,

 

500.3539, 500.3541, 500.3542, 500.3543, 500.3549, 500.3565,

 

500.3567, 500.3580, 500.3600 to 500.3650, and 500.3706, are

 

repealed.

 

     Enacting section 2. This amendatory act does not take effect

 

unless all of the following bills of the 98th Legislature are

 

enacted into law:

 

     (a) Senate Bill No. ____ or House Bill No. 4933 (request no.

 

00199'15 **).

 

     (b) Senate Bill No. ____ or House Bill No. 4934 (request no.

 

00200'15 **).