4326 - Standardized health insurance contracts for qualifying small employers and individuals.

§  4326.  Standardized health insurance contracts for qualifying small  employers and individuals. (a) A program is hereby established  for  the  purpose  of  making standardized health insurance contracts available to  qualifying small employers and qualifying individuals as defined in this  section. Such program is designed to encourage small employers to  offer  health  insurance  coverage to their employees and to also make coverage  available to uninsured employees whose employers do  not  provide  group  health insurance.    (b)  Participation  in  the  program  established  by this section and  section four thousand three hundred  twenty-seven  of  this  article  is  limited  to  corporations  or  insurers organized or licensed under this  article or article forty-two of  this  chapter  and  health  maintenance  organizations issued a certificate of authority under article forty-four  of  the  public health law or licensed under this article. Participation  by all health maintenance organizations is mandatory, provided, however,  that  such  requirements  shall  not  apply  to  a  health   maintenance  organization  exclusively serving individuals enrolled pursuant to title  eleven of article five of the social services  law,  title  eleven-D  of  article  five  of  the  social  services  law,  title  one-A  of article  twenty-five of the public health law or title eighteen  of  the  federal  Social Security Act, and, further provided, that such health maintenance  organization   shall  not  discontinue  a  contract  for  an  individual  receiving comprehensive-type coverage in effect prior to January  first,  two  thousand  four who is ineligible to purchase policies offered after  such date pursuant to  this  section  or  section  four  thousand  three  hundred  twenty-two  of  this  article due to the provision of 42 U.S.C.  1395ss in effect prior to January first, two thousand four. On and after  January first, two thousand one, all  health  maintenance  organizations  shall  offer  qualifying group health insurance contracts and qualifying  individual health insurance contracts as defined in  this  section.  For  the  purposes  of  this  section and section four thousand three hundred  twenty-seven  of  this  article,  article  forty-three  corporations  or  article  forty-two  insurers which voluntarily participate in compliance  with  the  requirements  of  this  program   shall   be   eligible   for  reimbursement  from the stop loss funds created pursuant to section four  thousand three hundred twenty-seven of this article under the same terms  and conditions as health maintenance organizations.    (c) The following definitions shall be  applicable  to  the  insurance  contracts offered under the program established by this section:    (1) A qualifying small employer is an employer that is either:    (A) An individual proprietor who is the only employee of the business:    (i)  without  health  insurance  which provides benefits on an expense  reimbursed or prepaid basis in effect during  the  twelve  month  period  prior  to  application  for a qualifying group health insurance contract  under the program established by this section; and    (ii) resides in a household having a net household income at or  below  two  hundred  eight  percent  of  the non-farm federal poverty level (as  defined and updated by  the  federal  department  of  health  and  human  services) or the gross equivalent of such net income;    (iii)  except  that  the  requirements  set  forth in item (i) of this  subparagraph shall not be applicable where an individual proprietor  had  health  insurance  coverage  during  the previous twelve months and such  coverage terminated due to one of the reasons set  forth  in  items  (i)  through  (viii) of subparagraph (C) of paragraph three of subsection (c)  of this section; or    (B) An employer with:    (i) not more than fifty eligible employees;(ii) no group health insurance which provides benefits on  an  expense  reimbursed  or  prepaid  basis  covering  employees in effect during the  twelve month period prior to application for a qualifying  group  health  insurance contract under the program established by this section; and    (iii)  at  least  thirty  percent  of its eligible employees receiving  annual wages from the employer at a level equal to or less  than  thirty  thousand  dollars.  The  thirty thousand dollar figure shall be adjusted  periodically pursuant to subparagraph (F) of this paragraph.    (C) The requirements set forth in item (i) of subparagraph (A) of this  paragraph and in item (ii) of subparagraph (B) of this  paragraph  shall  not  be  applicable  where  an  individual  proprietor  or  employer  is  transferring from a health insurance contract issued pursuant to the New  York  state  small  business  health   insurance   partnership   program  established  by section nine hundred twenty-two of the public health law  or from health care coverage issued pursuant to a regional pilot project  for the uninsured  established  by  section  one  thousand  one  hundred  eighteen of this chapter.    (D)  The twelve month period set forth in item (i) of subparagraph (A)  of this paragraph and in item (ii) of subparagraph (B) of this paragraph  may be adjusted by the superintendent from  twelve  months  to  eighteen  months  if he determines that the twelve month period is insufficient to  prevent inappropriate substitution of other health  insurance  contracts  for qualifying group health insurance contracts.    (E)  An  individual  proprietor  or  employer  shall  cease  to  be  a  qualifying  small  employer  if  any  health  insurance  which  provides  benefits  on  an  expense  reimbursed  or  prepaid  basis  covering  the  individual proprietor or an employer's employees, other than  qualifying  group  health insurance purchased pursuant to this section, is purchased  or otherwise takes effect subsequent to  purchase  of  qualifying  group  health insurance under the program established by this section.    (F)  The  wage  levels  utilized in subparagraph (B) of this paragraph  shall  be  adjusted  annually,  beginning  in  two  thousand  two.   The  adjustment shall take effect on July first of each year. For July first,  two  thousand  two,  the  adjustment shall be a percentage of the annual  wage figure  specified  in  subparagraph  (B)  of  this  paragraph.  For  subsequent  years,  the  adjustment  shall be a percentage of the annual  wage figure which took effect on July  first  of  the  prior  year.  The  percentage  adjustment shall be the same percentage by which the current  year's non-farm federal poverty level, as defined  and  updated  by  the  federal  department  of  health and human services, for a family unit of  four persons for the forty-eight contiguous states and Washington, D.C.,  changed from the same level established for the prior year.    (2) A qualifying group health insurance contract is a  group  contract  purchased from a health maintenance organization, corporation or insurer  by  a qualifying small employer which provides the benefits set forth in  subsection (d) of this section. The contract must insure not  less  than  fifty percent of the employees eligible for coverage.    (3)(A) A qualifying individual is an employed person:    (i)  who  does not have and has not had health insurance with benefits  on an expense reimbursed or prepaid basis during the twelve month period  prior to the individual's application for  health  insurance  under  the  program established by this section;    (ii)  whose  employer  does not provide group health insurance and has  not  provided  group  health  insurance  with  benefits  on  an  expense  reimbursed  or  prepaid  basis  covering  employees in effect during the  twelve month period prior to the  individual's  application  for  health  insurance under the program established by this section;(iii) resides in a household having a net household income at or below  two  hundred  eight  percent  of  the non-farm federal poverty level (as  defined and updated by  the  federal  department  of  health  and  human  services) or the gross equivalent of such net income; and    (iv) is ineligible for Medicare.    (B)  The  requirements set forth in items (i) and (ii) of subparagraph  (A) of this paragraph shall not be applicable  where  an  individual  is  transferring  from  a  health  insurance contract issued pursuant to the  voucher insurance  program  established  by  section  one  thousand  one  hundred  twenty-one  of this chapter, a health insurance contract issued  pursuant  to  the  New  York  state  small  business  health   insurance  partnership  program  established  by section nine hundred twenty-two of  the public health law or health  care  coverage  issued  pursuant  to  a  regional  pilot  project  for  the  uninsured established by section one  thousand one hundred eighteen of this chapter.    (C) The requirements set forth in items (i) and (ii)  of  subparagraph  (A)  of  this  paragraph shall not be applicable where an individual had  health insurance coverage during the previous  twelve  months  and  such  coverage terminated due to:    (i) loss of employment due to factors other than voluntary separation;    (ii) death of a family member which results in termination of coverage  under a health insurance contract under which the individual is covered;    (iii)  change  to  a  new  employer that does not provide group health  insurance with benefits on an expense reimbursed or prepaid basis;    (iv) change of residence so that no  employer-based  health  insurance  with benefits on an expense reimbursed or prepaid basis is available;    (v) discontinuation of a group health insurance contract with benefits  on  an  expense  reimbursed  or  prepaid  basis  covering the qualifying  individual as an employee or dependent;    (vi)  expiration  of  the  coverage   periods   established   by   the  continuation  provisions of the Employee Retirement Income Security Act,  29 U.S.C.  section 1161 et seq. and the Public Health  Service  Act,  42  U.S.C.   section 300bb-1 et seq. established by the Consolidated Omnibus  Budget Reconciliation Act of  1985,  as  amended,  or  the  continuation  provisions  of  subsection  (m)  of  section  three thousand two hundred  twenty-one, subsection (k) of section four thousand three  hundred  four  and  subsection  (e) of section four thousand three hundred five of this  chapter;    (vii)  legal  separation,  divorce  or  annulment  which  results   in  termination  of  coverage  under a health insurance contract under which  the individual is covered; or    (viii) loss of eligibility under a group health plan.    (D) The twelve month period  set  forth  in  items  (i)  and  (ii)  of  subparagraph (A) of this paragraph may be adjusted by the superintendent  from  twelve  months to eighteen months if he determines that the twelve  month period is insufficient to prevent  inappropriate  substitution  of  other  health  insurance  contracts  for  qualifying  individual  health  insurance contracts.    (4) A qualifying individual health insurance contract is an individual  contract issued directly to a qualifying individual and  which  provides  the  benefits set forth in subsection (d) of this section. At the option  of the qualifying individual, such contract  may  include  coverage  for  dependents of the qualifying individual.    (d)   The   contracts  issued  pursuant  to  this  section  by  health  maintenance organizations, corporations or insurers and approved by  the  superintendent shall only provide in-plan benefits, except for emergency  care  or  where  services  are  not  available  through a plan provider.  Covered services shall include only the following:(1) inpatient hospital services consisting of daily  room  and  board,  general  nursing care, special diets and miscellaneous hospital services  and supplies;    (2)   outpatient   hospital  services  consisting  of  diagnostic  and  treatment services;    (3)  physician  services  consisting  of  diagnostic   and   treatment  services, consultant and referral services, surgical services (including  breast  reconstruction surgery after a mastectomy), anesthesia services,  second surgical opinion, and a second opinion for cancer treatment;    (4) outpatient surgical facility charges related to a covered surgical  procedure;    (5) preadmission testing;    (6) maternity care;    (7)  adult  preventive  health  services  consisting  of   mammography  screening;  cervical  cytology screening; periodic physical examinations  no more than once every three years; and adult immunizations;    (8) preventive and primary health care services for dependent children  including routine well-child visits and necessary immunizations;    (9)  equipment,  supplies  and  self-management  education   for   the  treatment of diabetes;    (10) diagnostic x-ray and laboratory services;    (11) emergency services;    (12)   therapeutic   services   consisting   of  radiologic  services,  chemotherapy and hemodialysis;    (13) blood and blood products furnished in connection with surgery  or  inpatient hospital services; and    (14)  prescription  drugs  obtained  at  a  participating pharmacy. In  addition to providing  coverage  at  a  participating  pharmacy,  health  maintenance  organizations  may  utilize  a mail order prescription drug  program. Health maintenance organizations may provide prescription drugs  pursuant to a drug formulary; however, health maintenance  organizations  must  implement  an  appeals  process  so  that the use of non-formulary  prescription drugs may be requested by a physician.    (d-1)  Covered  services  shall  not  include  drugs,  procedures  and  supplies  for the treatment of erectile dysfunction when provided to, or  prescribed for use by, a person who is required to  register  as  a  sex  offender pursuant to article six-C of the correction law, provided that:  (1) any denial of coverage pursuant to this subsection shall provide the  enrollee  with  the means of obtaining additional information concerning  both the denial and the means of challenging such denial; (2) all drugs,  procedures and supplies for the treatment of erectile dysfunction may be  subject to prior  authorization  by  corporations,  insurers  or  health  maintenance   organizations   for  the  purposes  of  implementing  this  subsection; and (3) the superintendent shall promulgate  regulations  to  implement  the  denial  of  coverage  pursuant to this subsection giving  health maintenance organizations, corporations  and  insurers  at  least  sixty  days following promulgation of the regulations to implement their  denial procedures pursuant to this subsection.    (d-2) No person or entity authorized to provide  coverage  under  this  section  shall be subject to any civil or criminal liability for damages  for any decision or action pursuant to subsection (d-1) of this section,  made in the ordinary course of business if  that  authorized  person  or  entity  acted  reasonably  and  in  good  faith  with  respect  to  such  information.    (d-3) Notwithstanding any other provision of law, if the  commissioner  of  health  makes  a  finding  pursuant  to  subdivision twenty-three of  section two hundred six of the public health law, the superintendent  is  authorized  to  remove  a  drug,  procedure  or supply from the servicescovered by the standardized health  insurance  contract  established  by  this  section  for  those  persons required to register as sex offenders  pursuant to article six-C of the correction law.    (e) The benefits provided in the contracts described in subsection (d)  of  this  section  shall  be  subject  to  the following deductibles and  copayments:    (1) in-patient hospital services shall  have  a  five  hundred  dollar  copayment for each continuous hospital confinement;    (2) surgical services shall be subject to a copayment of the lesser of  twenty  percent  of the cost of such services or two hundred dollars per  occurrence;    (3) outpatient  surgical  facility  charges  shall  be  subject  to  a  facility copayment charge of seventy-five dollars per occurrence;    (4)  emergency services shall have a fifty dollar copayment which must  be waived if hospital admission results from the emergency room visit;    (5) prescription drugs shall have a one hundred dollar  calendar  year  deductible  per  individual.  After  the  deductible  is satisfied, each  thirty-four day supply of a prescription  drug  will  be  subject  to  a  copayment. The copayment will be ten dollars if the drug is generic. The  copayment  for  a  brand  name  drug  will  be  twenty  dollars plus the  difference in cost between  the  brand  name  drug  and  the  equivalent  generic  drug. If a mail order drug program is utilized, a twenty dollar  copayment  shall  be  imposed  on  a  ninety  day  supply   of   generic  prescription drugs. A forty dollar copayment plus the difference in cost  between  the  brand  name  drug and the equivalent generic drug shall be  imposed on a ninety day supply of brand name prescription drugs.  In  no  event shall the copayment exceed the cost of the prescribed drug;    (6)  the  maximum  coverage  for  prescription  drugs  shall  be three  thousand dollars per individual in a calendar year; and    (7) all other services shall have a twenty dollar copayment  with  the  exception of prenatal care which shall have a ten dollar copayment.    (f)  Except  as included in the list of covered services in subsection  (d) of this section, the mandated and make-available benefits set  forth  in  sections  three  thousand  two  hundred  sixteen, three thousand two  hundred twenty-one of this chapter and four thousand three hundred three  of this article shall not be applicable to the contracts issued pursuant  to this section. Mandated benefits included in such contracts  shall  be  subject to the deductibles and copayments set forth in subsection (e) of  this section.    (g)  The  superintendent shall be authorized to modify, by regulation,  the copayment and deductible amounts described in this  section  if  the  superintendent  determines  such  amendments are necessary to facilitate  implementation of this section. On or after January first, two  thousand  two, the superintendent shall be authorized to establish, by regulation,  one or more additional standardized health insurance benefit packages if  the superintendent determines additional benefit packages with different  levels of benefits are necessary to meet the needs of the public.    (h)  A  health  maintenance  organization, corporation or insurer must  offer  the  benefit  package  without  change  or  additional  benefits.  Qualifying  small  employers  shall  be  issued the benefit package in a  qualifying group health insurance contract. Qualifying individuals shall  be  issued  the  benefit  package  in  a  qualifying  individual  health  insurance contract.    (i)  A  health  maintenance organization, corporation or insurer shall  obtain from the employer or individual written certification at the time  of initial application and annually thereafter ninety days prior to  the  contract  renewal  date  that  such  employer  or  individual  meets the  requirements of a qualifying small employer or a  qualifying  individualpursuant to this section. A health maintenance organization, corporation  or  insurer  may  require the submission of appropriate documentation in  support of the certification.    (j)  Applications  for qualifying group health insurance contracts and  qualifying individual health insurance contracts must be  accepted  from  any qualifying individual and any qualifying small employer at all times  throughout  the  year.  The  superintendent,  by regulation, may require  health maintenance  organizations,  corporations  or  insurers  to  give  preference  to  qualifying small employers whose eligible employees have  the lowest average salaries.    (k) All coverage under a qualifying group health insurance contract or  a qualifying individual health insurance contract must be subject  to  a  pre-existing  condition  limitation  provision  as set forth in sections  three thousand two hundred thirty-two of this chapter and four  thousand  three   hundred  eighteen  of  this  article,  including  the  crediting  requirements thereunder. The underwriting  of  such  contracts  may  not  involve more than the imposition of a pre-existing condition limitation.    (l)  A  qualifying small employer shall elect whether to make coverage  under the  qualifying  group  health  insurance  contract  available  to  dependents  of  employees.  Any employee or dependent who is enrolled in  Medicare is ineligible for coverage, unless  required  by  federal  law.  Dependents  of  an employee who is enrolled in Medicare will be eligible  for dependent coverage provided the dependent is not  also  enrolled  in  Medicare.    (m) A qualifying small employer must pay at least fifty percent of the  premium  for employees covered under a qualifying group health insurance  contract and must offer coverage to all employees receiving annual wages  at a level of thirty thousand dollars or less, and  at  least  one  such  employee  shall  accept  such  coverage. The thirty thousand dollar wage  level shall be adjusted periodically in accordance with subparagraph (F)  of paragraph one of subsection (c) of this section. The employer premium  contribution must be the same percentage for all covered employees.    (n) Premium rate calculations for qualifying  group  health  insurance  contracts  and qualifying individual health insurance contracts shall be  subject to the following:    (1) coverage must be  community  rated  and  include  rate  tiers  for  individuals,  two adult families and at least one other family tier. The  rate differences must  be  based  upon  the  cost  differences  for  the  different family units and the rate tiers must be uniformly applied. The  rate   tier   structure  used  by  a  health  maintenance  organization,  corporation or insurer for the  contracts  issued  to  qualifying  small  employers and to qualifying individuals must be the same;    (2)  if  geographic  rating  areas are utilized, such geographic areas  must be reasonable and in a given case may include a single county.  The  geographic  areas  utilized must be the same for the contracts issued to  qualifying  small  employers  and   to   qualifying   individuals.   The  superintendent   shall   not  require  the  inclusion  of  any  specific  geographic region within the proposed community rated region selected by  the health maintenance organization, corporation or insurer so  long  as  the  health  maintenance organization, corporation or insurer's proposed  regions do not contain configurations designed  to  avoid  or  segregate  particular  areas  within  a  county  covered  by the health maintenance  organization, corporation or insurer's community rates.    (3) claims experience  under  contracts  issued  to  qualifying  small  employers  and to qualifying individuals must be pooled for rate setting  purposes. The  premium  rates  for  qualifying  group  health  insurance  contracts  and  qualifying individual health insurance contracts must be  the same.(o) A health maintenance organization, corporation  or  insurer  shall  submit reports to the superintendent in such form and at times as may be  reasonably  required  in order to evaluate the operations and results of  the standardized health insurance program established by this section.    (p)  Notwithstanding  any  other provision of law, all individuals and  small businesses that are  participating  in  or  covered  by  insurance  contracts  or  policies  issued  pursuant  to  the  New York state small  business health insurance partnership  program  established  by  section  nine  hundred twenty-two of the public health law, the voucher insurance  program established by section one thousand one  hundred  twenty-one  of  this  chapter,  or  uninsured  pilot  programs  established  pursuant to  chapter seven hundred three of the laws of nineteen hundred eighty-eight  shall be eligible for participation in the standardized health insurance  contracts  established  by  this  section,  regardless  of  any  of  the  eligibility  requirements established pursuant to subsection (c) of this  section.