Bill Text: MI HB6241 | 2009-2010 | 95th Legislature | Engrossed


Bill Title: Insurance; health care corporations; health benefit plans; prohibit preexisting condition limitations for children and provide for general amendments. Amends sec. 402b of 1980 PA 350 (MCL 550.1402b) & adds sec. 220. TIE BAR WITH: HB 6240'10

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2010-12-01 - Referred To Committee On Health Policy [HB6241 Detail]

Download: Michigan-2009-HB6241-Engrossed.html

HB-6241, As Passed House, November 10, 2010

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 6241

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1980 PA 350, entitled

 

"The nonprofit health care corporation reform act,"

 

by amending sections 401a and 402b (MCL 550.1401a and 550.1402b),

 

section 401a as added by 1982 PA 290 and section 402b as amended by

 

1999 PA 7.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 401a. (1) If a group or nongroup certificate of a health

 

care corporation provides for health care benefits for a health

 

care service, those benefits or reimbursement for the provision of

 

the service shall not be denied because the service was rendered by

 

a dentist, provided the service was legally performed.

 

     (2) As used in this section, "dentist" means an individual

 

licensed under part 166 of Act No. 368 of the Public Acts of 1978,

 

being sections 333.16601 to 333.16647 of the Michigan Compiled

 

Laws.the public health code, 1978 PA 368, MCL 333.16601 to

 


333.16648.

 

     (3) This section shall apply only with respect to certificates

 

which that are issued or renewed on or after the effective date of

 

this section October 7, 1982, and shall apply notwithstanding any

 

certificate provision to the contrary.

 

     Sec. 402b. (1) For an individual covered under a nongroup

 

certificate or under a certificate not covered under subsection

 

(2), a health care corporation may exclude or limit coverage for a

 

condition only if the exclusion or limitation relates to a

 

condition for which medical advice, diagnosis, care, or treatment

 

was recommended or received within 6 months before enrollment and

 

the exclusion or limitation does not extend for more than 6 months

 

after the certificate's effective date. of the certificate.

 

     (2) A health care corporation shall not exclude or limit

 

coverage for a preexisting condition for an individual covered

 

under a group certificate.

 

     (3) Notwithstanding subsection (1), a health care corporation

 

shall not issue a certificate to a person eligible for nongroup

 

coverage or eligible for a certificate not covered under subsection

 

(2) that excludes or limits coverage for a preexisting condition or

 

provides a waiting period if all of the following apply:

 

     (a) The person's most recent health coverage prior to applying

 

for coverage with the health care corporation was under a group

 

health plan.

 

     (b) The person was continuously covered prior to the

 

application for coverage with the health care corporation under 1

 

or more health plans for an aggregate of at least 18 months with no

 


break in coverage that exceeded 62 days.

 

     (c) The person is no longer eligible for group coverage and is

 

not eligible for medicare or medicaid.

 

     (d) The person did not lose eligibility for coverage for

 

failure to pay any required contribution or for an act to defraud a

 

health care corporation, a health insurer, or a health maintenance

 

organization.

 

     (e) If the person was eligible for continuation of health

 

coverage from that group health plan pursuant to the consolidated

 

omnibus budget reconciliation act of 1985, Public Law 99-272, 100

 

Stat. 82, he or she has elected and exhausted that coverage.

 

     (4) As used in this section, "group" means a group of 2 or

 

more subscribers.

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