FIRST REGULAR SESSION
95TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES WILSON (130) (Sponsor), DETHROW, BIVINS AND ATKINS (Co-sponsors).
1642L.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To amend chapter 376, RSMo, by adding thereto one new section relating to mandate-free health insurance policies.
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 376.997, to read as follows:
376.997. 1. As used in this section, "mandate-free health insurance policies and contracts" means those policies and contracts of health insurance, as defined in section 376.960, which cover individuals and their families, and groups, excluding any Medicare supplemental policy or contract.
2. Notwithstanding any other provision of law to the contrary, no law requiring the coverage of a particular health care service or benefit, or requiring the reimbursement, utilization, or inclusion of a specific category of licensed health care practitioner shall apply to mandate-free health insurance policies and contracts. The requirements contained in this section for mandate-free insurance policies and contracts shall be the exclusive requirements for such policies and contracts. Nothing in this section shall prohibit an insurer from offering or including within a mandate-free health insurance policy or contract coverage for one or more specific health care services or benefits prescribed under any other provision of law.
3. For an insurer defined in section 376.960 to be eligible to market, sell, or issue mandate-free health insurance policies or contracts, the insurer shall:
(1) Fully and clearly disclose to the person or group to whom the mandate-free health insurance policy or contract is to be issued that the reason coverage for such product is less expensive than other coverage is a result of the policy or contract not containing coverages or health professional payment mechanisms that are required by other specific provisions of law; and
(2) Clearly disclose in all sales, promotional, and advertising material related to such mandate-free health insurance policies and contracts that such product is a mandate-free health insurance policy or contract.
4. The provisions of section 376.441 shall not apply to any group that replaces its current coverage with a mandate-free health insurance policy or contract if the benefit to be extended is one for services that are not covered by the replacement policy or contract.
5. Notwithstanding any other provision of this section to the contrary, the provisions of paragraph (b) of subdivision (11) of section 375.936, RSMo, shall apply to mandate-free health insurance policies and contracts with respect to physician services covered under such policies and contracts, which may be provided by persons licensed under section 332.181, RSMo.
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