376.1750. Health care sharing ministry, provisions not to apply to--ministry not engaging in the business of insurance, when--health care sharing ministry defined.
Health care sharing ministry, provisions not to apply to--ministry notengaging in the business of insurance, when--health care sharingministry defined.
376.1750. 1. The provisions of this chapter relating to healthinsurance, health maintenance organizations, health benefit plans, grouphealth services, and health carriers shall not apply to a health caresharing ministry. A health care sharing ministry which, through itspublication to members or subscribers, solicits funds for the payment ofmedical expenses of other subscribers or members, shall not be consideredto be engaging in the business of insurance for purposes of this chapter orany provision of Title XXIV, RSMo, and shall not be subject to thejurisdiction of the director if the requirements of subsection 2 of thissection are met.
2. As used in this section, a "health care sharing ministry" is afaith-based nonprofit organization tax exempt under the Internal RevenueCode that:
(1) Limits its membership to those who are of a similar faith;
(2) Acts as an organizational clearinghouse for information betweenmembers or subscribers who have financial, physical, or medical needs andmembers or subscribers with the present ability to assist those withpresent financial or medical needs;
(3) Provides for the financial or medical needs of a member orsubscriber through gifts directly from one member or subscriber to another.The requirements of this subdivision can be satisfied by a trustestablished solely for the benefit of members or subscribers, which trustis audited annually by an independent auditing firm;
(4) Provides amounts that members or subscribers may give with noassumption of risk or promise to pay either among the members orsubscribers or between the members or subscribers and such organization;
(5) Provides a written monthly statement to all members orsubscribers, listing the total dollar amount of qualified needs submittedto such organization, as well as the amount actually published or assignedto members or subscribers for voluntary payment; and
(6) Provides the following written disclaimer on or accompanying allpromotional or informational documents distributed by or on behalf of theorganization, including applications, and guideline materials:
"NOTICE
This publication is not an insurance company nor is it offered throughan insurance company. Whether anyone chooses to assist you with yourmedical bills will be totally voluntary, as no other subscriber or memberwill be compelled to contribute toward your medical bills. As such, thispublication should never be considered to be insurance. Whether youreceive any payments for medical expenses and whether or not thispublication continues to operate, you are always personally responsible forthe payment of your own medical bills.".
(L. 2007 H.B. 818)