SECOND REGULAR SESSION

[I N T R O D U C E D]

SENATE BILL NO. 797

88th GENERAL ASSEMBLY


S2688.01I

AN ACT

To amend chapter 376, RSMo, by adding thereto one new section relating to health benefit plans.


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI,

AS FOLLOWS:

Section A. Chapter 376, RSMo, is amended by adding thereto one new section, to be known as section 376.429, to read as follows:

376.429. 1. Effective January 1, 1997, no group health benefit plan delivered, issued or renewed in this state by an insurance company, health service corporation or health maintenance organization shall:

(1) Exclude or limit coverage on the basis of a preexisting condition provision for an individual who applies for coverage when first eligible for such coverage;

(2) Exclude, limit or terminate coverage for an individual who was previously covered by a group health benefit plan within thirty days prior to the individual's application for coverage, until such time as the individual becomes covered, or could become covered, under another group benefit plan;

(3) Impose a waiting period applicable to a preexisting condition, exclusion or limitation with respect to particular services in a health benefit plan provided that the qualifying previous coverage was continuous to a date not more than thirty days prior to the effective date of new coverage.

2. For the purposes of this section, the following terms shall mean:

(1) "Group health benefit plan", any group hospital or medical policy or certificate, health services corporation contract or health maintenance organization subscriber contract. Group health benefit plan does not include any individual hospital or medical policy or certificate, health services corporation contract or health maintenance organization subscriber contract; any hospital supplemental policies having a fixed daily benefit; accident only or specified disease only insurance; credit, dental, vision or disability insurance; Medicare supplement or long-term care insurance; coverage issued as a supplement to liability insurance; workers' compensation or similar insurance or automobile medical payment insurance;

(2) "Preexisting condition", any sickness, injury, mental illness, chemical dependency or other condition:

(a) That would cause an ordinarily prudent person to seek medical advice, diagnosis, care or treatment during the first six months immediately preceding the effective date of coverage;

(b) For which medical advice, diagnosis, care or treatment was recommended or received during the first six months immediately preceding the effective date of this coverage; or

(c) A pregnancy existing on the effective date of coverage;

(3) "Preexisting condition provision", a provision in a health benefit plan that denies, excludes or limits benefits for an enrollee for expenses or excludes or limits benefits for an enrollee for expenses or services related to a preexisting condition.