Bill Text: NJ SCR175 | 2018-2019 | Regular Session | Introduced


Bill Title: Amends Constitution to prohibit denial of coverage by certain health insurers based on preexisting conditions.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2019-06-13 - Introduced in the Senate, Referred to Senate Commerce Committee [SCR175 Detail]

Download: New_Jersey-2018-SCR175-Introduced.html

SENATE CONCURRENT RESOLUTION No. 175

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED JUNE 13, 2019

 


 

Sponsored by:

Senator  JOSEPH A. LAGANA

District 38 (Bergen and Passaic)

Senator  JOSEPH F. VITALE

District 19 (Middlesex)

 

 

 

 

SYNOPSIS

     Amends Constitution to prohibit denial of coverage by certain health insurers based on preexisting conditions.

 

CURRENT VERSION OF TEXT

     As introduced.

  


A Concurrent Resolution proposing to amend Article I of the New Jersey Constitution by adding a new paragraph thereto.

 

     Be It Resolved by the Senate of the State of New Jersey (the General Assembly concurring):

 

     1.    The following proposed amendment to the Constitution of the State of New Jersey is agreed to:

 

PROPOSED AMENDMENT

 

     Amend Article I of the State Constitution by the addition of the following paragraph:

     24.  No health insurance carrier shall impose any exclusion of benefits on the basis of a preexisting condition.  An exclusion of benefits occurs when there is any limitation or exclusion of benefits, including a denial of coverage, based on the fact that a health condition was present before the effective date of coverage, or if coverage is denied, before the date of the denial.

     As used in this paragraph, "health insurance carrier" means an entity that contracts or offers to contract to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care services under a health benefits plan issued in this State, including: an insurance company authorized to issue health benefits plans; a health maintenance organization; a health, hospital, or medical service corporation; a multiple employer welfare arrangement; or the State Health Benefits Program and the School Employees' Health Benefits Program.  "Carrier" shall not include an entity providing or administering a self-funded health benefits plan.

 

     2.    When this proposed amendment to the Constitution is finally agreed to pursuant to Article IX, paragraph 1 of the Constitution, it shall be submitted to the people at the next general election occurring more than three months after the final agreement and shall be published at least once in at least one newspaper of each county designated by the President of the Senate, the Speaker of the General Assembly and the Secretary of State, not less than three months prior to the general election.

 

     3.    This proposed amendment to the Constitution shall be submitted to the people at that election in the following manner and form:

     There shall be printed on each official ballot to be used at the general election, the following:

     a.     In every municipality in which voting machines are not used, a legend which shall immediately precede the question as follows:

     If you favor the proposition printed below make a cross (X), plus (+), or check (a) in the square opposite the word "Yes." If you are opposed thereto make a cross (X), plus (+) or check (a) in the square opposite the word "No."

     b.    In every municipality the following question:

 

 

 

CONSTITUTIONAL AMENDMENT TO PROHIBIT PREEXISTING CONDITION EXCLUSION IN HEALTH INSURANCE

 

YES

 

 

    Do you approve amending the State Constitution to stop health insurers from denying benefits or coverage because of a preexisting condition?  The amendment would only apply to health insurers that the State may regulate.

 

 

INTERPRETIVE STATEMENT

 

NO

 

 

 

 

    This amendment to the State Constitution prohibits health insurers from denying benefits because of a health condition that existed before the person was insured.  The amendment only applies to health insurers that the State may regulate.

 

 

STATEMENT

 

     This amendment to the Constitution prohibits health insurers from denying benefits because of a preexisting condition.  A preexisting condition is a health condition that existed before the person was insured.  The amendment only applies to health insurers that the State may regulate.

     As used in the amendment, "health insurance carrier" means an entity that contracts or offers to contract to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care services under a health benefits plan issued in this State, including: an insurance company authorized to issue health benefits plans; a health maintenance organization; a health, hospital, or medical service corporation; a multiple employer welfare arrangement; or the State Health Benefits Program and the School Employees' Health Benefits Program.  "Carrier" does not include an entity providing or administering a self-funded health benefits plan. 

     The amendment applies only to health benefits that the State has authority to regulate - insured health benefits plans offered by private carriers and the two State health benefits programs.  Self-funded health benefits plans, which are governed exclusively by federal law pursuant to the "Employee Retirement Income Security Act of 1974," are not covered by the amendment.

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