17B:27A-33 - Formulation of five health benefits plans
17B:27A-33. Formulation of five health benefits plans17. Subject to the approval of the commissioner, the board shall formulate the five health benefits plans to be made available by small employer carriers in accordance with the provisions of this act, and shall promulgate five standard forms pursuant thereto. The board may establish benefit levels, deductibles and co-payments, exclusions, and limitations for such health benefits plans in accordance with the law. The board shall ensure that the means exist for a carrier to offer high deductible health benefits plan options that are consistent with section 301 of Title III of the "Health Insurance Portability and Accountability Act of 1996," Pub.L. 104-191, regarding tax-deductible medical savings accounts.
The board shall submit the forms so established to the commissioner for approval. The commissioner shall approve the forms if the commissioner finds them to be consistent with the provisions of section 3 of P.L.1992, c. 162 (C.17B:27A-19). Any form submitted to the commissioner by the board shall be deemed approved if not expressly disapproved in writing within 60 days of its receipt by the commissioner. Such forms may contain, but shall not be limited to, the following provisions:
a. Utilization review of health care services, including review of medical necessity of hospital and physician services;
b. Managed care systems, including large case management;
c. Provisions for selective contracting with hospitals, physicians, and other participating and nonparticipating providers;
d. Reasonable benefits differentials which are applicable to participating and nonparticipating providers;
e. Notwithstanding the provisions of section 4 of P.L.1992, c.162 (C.17B:27A-20) to the contrary, the board may, from time to time, adjust coinsurance and deductibles;
f. Such other provisions which may be quantifiably established to be cost containment devices;
g. The department shall publish annually a list of the premiums charged for each of the five small employer health benefits plans and for any rider package by all carriers writing such plans. The department shall also publish the toll free telephone number of each such carrier.
L.1992,c.162,s.17; amended 1993, c.162, s.8; 1997, c.146, s.13.
17B:27A-41.Violations, penalty
25. Any carrier which violates this act shall be subject to a penalty assessment, as determined by the commissioner.
L.1992,c.162,s.25; amended 1995,c.298,s.9.