56-7-2206 - Applicability.

56-7-2206. Applicability.

(a)  A health benefit plan is subject to this part if it provides health benefits for small employers and if either of the following conditions is met:

     (1)  Any part of the premiums or benefits is paid by a small employer, or any covered individual is reimbursed, whether through wage adjustments or otherwise, by a small employer for any portion of the premium, or for which the small employer has permitted payroll deduction for the covered individual, whether or not the coverage is issued through a group or individual policy of insurance, and whether or not the small employer pays any part of the premium; or

     (2)  The health benefit plan is treated by the employer or any of the covered individuals as part of a plan or program for the purpose of § 106 or § 162 of the Internal Revenue Code, compiled in 26 U.S.C. §§ 106 and 162, respectively.

(b)  Chapter 5, part 3 of this title does not apply to individual accident and health insurance policies or contracts to the extent they are subject to this part.

[Acts 1992, ch. 808, § 6.]