§ 23-79-803 - Requirements relating to offering a health benefits plan not subject to state-mandated health benefits.
23-79-803. Requirements relating to offering a health benefits plan not subject to state-mandated health benefits.
(a) Every group accident and health insurer, hospital and medical service corporation, or health maintenance organization transacting health or accident and health insurance in this state may offer, as an option, a group health benefits plan that, either in whole or in part, does not provide state-mandated health benefits on group health benefits plans under state law.
(b) Every accident and health insurer transacting individual major medical insurance in this state may offer, as an option, an individual health benefits plan that, either in whole or in part, does not provide state-mandated health benefits on individual health benefit plans under state law.
(c) In each sale of health policies or health contracts in which the proposed insured has selected a health benefits plan that, either in whole or in part, does not provide state-mandated health benefits, the accident and health insurer, hospital and medical service corporation, or health maintenance organization shall provide to the policyholder and to each certificate holder of a group health benefit plan a written notice, in a form and manner required by rule or regulation promulgated by the Insurance Commissioner, that one (1) or more of the mandated benefits are not included in the health benefit plan selected by the policyholder.