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§704. "Health insurance" defined


Published: 2015

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§704. "Health insurance" defined








1. Health insurance. 
For purposes of this Title, except as provided in subsection 2 and subsection 3, "health insurance" means insurance of human beings against bodily injury, disablement
or death by accident or accidental means, or the expense thereof, or against disablement
or expense resulting from sickness, and every insurance appertaining thereto, including
provision for the mental and emotional welfare of human beings by defraying the costs
of legal services only to the extent provided for in chapter 38.


[
2011, c. 192, §1 (AMD)
.]








2. Exceptions. 
As used in this Title and Title 24 in any law enacted after the effective date of
this subsection that mandates medical benefits or coverage in individual or group
health insurance policies under chapter 33 or chapter 35 for certain specific health
services or diseases or certain providers of health care services or that mandates
rights and obligations under chapter 56-A, unless the context otherwise indicates,
the use of "health insurance" and related terms such as "accident and health insurance,"
"accident and sickness insurance," "carrier," "health," "health benefit plan," "health
care," "health insurer" or "insurer" does not include, unless specifically provided
otherwise in the law, the following types of insurance or any combination of those
types of insurance: accidental injury, specified disease, hospital indemnity, dental,
vision, disability income, long-term care, Medicare supplement or other limited benefit
health insurance.


[
2001, c. 79, §1 (NEW)
.]








3. Health care sharing ministry.  
As used in this Title and Title 24, the use of "health insurance" and related terms
such as "accident and health insurance," "accident and sickness insurance," "carrier,"
"health," "health benefit plan," "health care," "health insurer" or "insurer" does
not include, unless specifically provided otherwise in the law, a health care sharing
ministry, and a health care sharing ministry may not be considered to be engaged in
the business of insurance for the purposes of this Title. For the purposes of this
section, "health care sharing ministry" means a faith-based, nonprofit organization
that is exempt from taxation under the federal Internal Revenue Code and that:





A. Has been in existence continuously since December 31, 1999 and has facilitated the
sharing of medical expenses of participants without interruption since December 31,
1999; [2011, c. 192, §2 (NEW).]










B. Limits participation in the health care sharing ministry to individuals who have a
particular religious affiliation; [2011, c. 192, §2 (NEW).]










C. Acts as a facilitator among participants who have financial and medical needs and
matches those participants with other participants with the present ability to assist
those with financial and medical needs in accordance with criteria established by
the health care sharing ministry; [2011, c. 192, §2 (NEW).]










D. Provides for the financial and medical needs of a participant through monetary contributions
from one participant to another; [2011, c. 192, §2 (NEW).]










E. Provides amounts that participants may contribute without any assumption of risk or
promise to pay among the participants and requires no assumption of risk or promise
to pay by the health care sharing ministry to the participants; [2011, c. 192, §2 (NEW).]










F. Provides a written monthly statement to all participants that lists the total dollar
amount of qualified needs submitted to the health care sharing ministry, as well as
the amount actually published or assigned to participants for their contribution; [2011, c. 192, §2 (NEW).]










G. Conducts an annual audit that is performed by an independent certified public accountant
in accordance with generally accepted accounting principles and that is made available
to the public upon request; and [2011, c. 192, §2 (NEW).]










H. Provides a written disclaimer on or accompanying all applications and guideline materials
distributed by or on behalf of the organization that reads in substance: "Notice:
The organization facilitating the sharing of medical expenses is not an insurance
company and neither its guidelines nor plan of operation is an insurance policy.
Whether anyone chooses to assist you with your medical bills will be totally voluntary
because no other participant will be compelled by law to contribute toward your medical
bills. Participation in the organization or a subscription to any of its documents
should never be considered to be insurance. Regardless of whether you receive payment
for medical expenses or whether this organization continues to operate, you are always
personally responsible for the payment of your own medical bills." [2011, c. 192, §2 (NEW).]







[
2011, c. 192, §2 (NEW)
.]





SECTION HISTORY

1969, c. 132, §1 (NEW).
1983, c. 801, §1 (AMD).
2001, c. 79, §1 (RPR).
2011, c. 192, §§1, 2 (AMD).