(ii) Coverage under a governmental plan or coverage that is required or provided by law. This does not include a state plan under Medicaid (Title XIX, Grants to States for Medical Assistance Programs, of the United States Social Security Act as amended from time to time). It also does not include any plan whose benefits, by law, are excess to those of any private insurance program or other non-governmental program. Each contract or other arrangement for coverage under (i) or (ii) is a separate Plan. If an arrangement has two parts and COB rules apply only to one of the two, each of the parts is a separate Plan.
(D) “Primary Plan"/“Secondary Plan." The order of benefit determination rules state whether This Plan is a Primary Plan or Secondary Plan as to another Plan covering the person.
When This Plan is a Secondary Plan, its benefits are determined after those of the other Plan and may be reduced because of the other Plan's benefits.
When This Plan is a Primary Plan, its benefits are determined before those of the other Plan and without considering the other Plan's benefits.
When there are more than two Plans covering the person, This Plan may be a Primary Plan as to one or more other Plans and may be a Secondary Plan as to a different Plan or Plans.
(E) “This Plan" means the part of the group contract that provides benefits for health care expenses.
(III) Order of benefit determination rules.
(A) General. When there is a basis for a claim under This Plan and another Plan, This Plan is a Secondary Plan which has its benefits determined after those of the other Plan, unless:
(i) the other Plan has rules coordinating its benefits with those of This Plan; and
(ii) both those rules and This Plan's rules described in subparagraph (B) require that This Plan's benefits be determined before those of the other Plan.
(B) Rules. This plan determines its order of benefits using the first of the following rules which applies:
(i) Non-dependent/Dependent. The benefits of the Plan which covers the person as an employee, member or subscriber are determined before those of the Plan which covers the person as a dependent of an employee, member or subscriber.
(ii) Dependent Child/Parents Not Separated or Divorced. Except as stated in subparagraph (B) (iii), when This Plan and another Plan cover the same child as a dependent of different persons, called “parents:"
a. the benefits of the Plan of the parent whose birthday falls earlier in the calendar year are determined before those of the Plan of the parent whose birthday falls later in that calendar year; but
b. if both parents have the same birthday, the benefits of the Plan which covered the parent longer are determined before those of the Plan which covered the other parent for a shorter period of time.
However, if the other Plan does not have the rule described in a. but instead has a rule based upon the gender of the parent, and if, as a result, the Plans do not agree on the order of benefits, the rule in the other Plan shall determine the order of benefits.
(iii) Dependent Child/Separated or Divorced Parents. If two or more Plans cover a person as a dependent child of divorced or separated parents, benefits for the child are determined in this order:
a. first, the Plan of the parent with custody of the child;
b. then, the Plan of the spouse of the parent with the custody of the child; and
c. finally, the Plan of the parent not having custody of the child.
Also, if the specific terms of a court decree state that the parents have joint custody of the child and do not specify that one parent has responsibility for the child's health care expenses or if the court decree states that both parents shall be responsible for the health care needs of the child but gives physical custody of the child to one parent, and the entities obligated to pay or provide the benefits of the respective parents' Plans have actual knowledge of those terms, benefits for the dependent child shall be determined according to (III) (B) (ii).
However, if the specific terms of a court decree state that one of the parents is responsible for the health care expenses of the child, and the entity obligated to pay or provide the benefits of the Plan of that parent has actual knowledge of those terms, the benefits of that Plan are determined first. This paragraph does not apply with respect to any Claim Determination Period or plan year during which any benefits are actually paid or provided before the entity has that actual knowledge.
(iv) Active/Inactive Employee. The benefits of a Plan which covers a person as an employee who is neither laid off nor retired or as that employee's dependent are determined before those of a Plan which covers that person as a laid off or retired employee or as that employee's dependent. If the other Plan does not have this rule and if, as a result, the Plans do not agree on the order of benefits, this rule (iv) is ignored.
Ins 3.40 Note
Note:
If a dependent is a Medicare beneficiary and if, under the Social Security Act of 1965 as amended, Medicare is secondary to the plan covering the person as a dependent of an active employee, the federal Medicare regulations shall supersede this paragraph (iv).
(v) Continuation coverage.
a. If a person has continuation coverage under federal or state law and is also covered under another plan, the following shall determine the order of benefits:
i. First, the benefits of a plan covering the person as an employee, member or subscriber or as a dependent of an employee, member or subscriber.
ii. Second, the benefits under the continuation coverage.
b. If the other plan does not have the rule described in subparagraph a., and if, as a result, the plans do not agree on the order of benefits, this paragraph (v) is ignored.
(vi) Longer/Shorter Length of Coverage. If none of the above rules determines the order of benefits, the benefits of the Plan which covered an employee, member or subscriber longer are determined before those of the Plan which covered that person for the shorter time.
(IV) Effect on the benefits of this plan.
(A) When This Section Applies. This Section (IV) applies when, in accordance with Section (III) Order of Benefit Determination Rules, This Plan is a Secondary Plan as to one or more other Plans. In that event the benefits of This Plan may be reduced under this section. Such other Plan or Plans are referred to as “the other Plans" in (B).
(B) Reduction in This Plan's Benefits. The benefits of This Plan will be reduced when the sum of the following exceeds the Allowable Expenses in a Claim Determination Period:
(i) the benefits that would be payable for the Allowable Expenses under This Plan in the absence of this COB provision; and
(ii) the benefits that would be payable for the Allowable Expenses under the other Plans, in the absence of provisions with a purpose like that of this COB provision, whether or not claim is made. Under this provision, the benefits of This Plan will be reduced so that they and the benefits payable under the other Plans do not total more than those Allowable Expenses.
When the benefits of This Plan are reduced as described above, each benefit is reduced in proportion. It is then charged against any applicable benefit limit of This Plan.
Ins 3.40 Note
Note:
The last paragraph may be omitted if the Plan provides only one benefit or may be altered to suit the coverage provided.
(V) Right to receive and release needed information. The [name of insurance company] has the right to decide the facts it needs to apply these COB rules. It may get needed facts from or give them to any other organization or person without the consent of the insured but only as needed to apply these COB rules. Medical records remain confidential as provided by state law. Each person claiming benefits under This Plan must give the [name of insurance company] any facts it needs to pay the claim.
(VI) Facility of payment. A payment made under another Plan may include an amount which should have been paid under This Plan. If it does, The [name of insurance company] may pay that amount to the organization which made that payment. That amount will then be treated as though it were a benefit paid under This Plan. The [name of insurance company] will not have to pay that amount again. The term “payment made" means reasonable cash value of the benefits provided in the form of services.
(VII) Right of recovery. If the amount of the payments made by the [name of insurance company] is more than it should have paid under this COB provision, it may recover the excess from one or more of:
(A) the persons it has paid or for whom it has paid;
(B) insurance companies; or
(C) other organizations.
The “amount of the payments made" includes the reasonable cash value of any benefits provided in the form of services.
Ins 3.41
Ins 3.41
Individual conversion policies. Ins 3.41(1)(1)
Reasonably similar coverage. An insurer provides reasonably similar coverage under s.
632.897 (4), Stats., to a terminated insured as defined in s.
632.897 (1) (f), Stats., if a person is offered individual coverage under the group policy or individual policy, or is offered his or her choice of the 3 plans described in s.
Ins 3.42, or is offered a high limit comprehensive plan of benefits approved for the purpose of conversion by the commissioner as meeting the standards described in s.
Ins 3.43. Individual conversion policies must include benefits required for individual disability insurance policies by subch.
VI of ch. 632, Stats. This subsection does not apply to a long-term care policy as defined under s.
Ins 3.46 (3) (m).
Ins 3.41(2)(a)
(a) Except as provided in par.
(b), individual conversion policies shall be renewable at the option of the insured unless the insured fails to make timely payment of a required premium amount, there is over-insurance as provided by s.
632.897 (4) (d), Stats., or there was fraud or material misrepresentation in applying for any benefit under the policy.
Ins 3.41(2)(b)
(b) Conversion policies issued to a former spouse under s.
632.897 (9) (b), Stats., must include renewal provisions at least as favorable to the insured as did the previous coverage.
Ins 3.41(3)(a)
(a) In determining the rates for the class of risks to be covered under individual conversion policies, the premium and loss experience of policies issued to meet the requirements of s.
632.897 (4), Stats., may be considered in determining the table of premium rates applicable to the age and class of risks of each person to be covered under the policy and to the type and amount of coverage provided.
Ins 3.41(3)(b)
(b) Except as provided in par.
(c), conditions pertaining to health shall not be an acceptable basis for classification of risks.
Ins 3.41(3)(c)
(c) A conversion policy issued to a former spouse under s.
632.897 (9) (b), Stats., may be rated on the basis of a health condition if a similar rating had been previously applied to the prior individual coverage due to the same condition.
Ins 3.41 History
History: Cr.
Register, April, 1981, No. 304, eff. 5-1-81; am. (1),
Register, April, 1991, No. 424, eff. 6-1-91;
EmR0817: emerg. am. (1), eff. 6-3-08;
CR 08-032: am. (1)
Register October 2008 No. 634, eff. 11-1-08.
Ins 3.41 Note
Note:
CR 08-032 first applies to policies or certificates issued on or after January 1, 2009 or on the first renewal date on or after January 1, 2009, but no later than January 1, 2010 for collectively bargained policies or certificates.
Ins 3.42
Ins 3.42
Plans of conversion coverage. Pursuant to s.
632.897 (4) (b), Stats., the following plans of conversion coverage are established.
Ins 3.42(1)
(1) Plan 1—basic coverage. Plan 1 basic coverage consists of the following:
Ins 3.42(1)(a)
(a) Hospital room and board daily expense benefits in a maximum dollar amount approximating the average semi-private rate charged in the major metropolitan area of this state, for a maximum duration of 70 days per calendar year;
Ins 3.42(1)(b)
(b) Miscellaneous in-hospital expenses, including anesthesia services, up to a maximum amount of 20 times the hospital room and board daily expense benefits per calendar year; and
Ins 3.42(1)(c)
(c) In-hospital and out-of-hospital surgical expenses payable on a usual, customary and reasonable basis up to a maximum benefit of $2,000 a calendar year.
Ins 3.42(2)
(2) Plan 2—major medical expense coverage. Plan 2 major medical expense coverage shall consist of benefits for hospital, surgical and medical expenses incurred either in or out of a hospital of the following:
Ins 3.42(2)(b)
(b) Payment of benefits at the rate of 80% of covered hospital, medical, and surgical expenses which are in excess of the deductible, until 20% of such expenses in a benefit period reaches $1,000, after which benefits shall be paid at 100% for the remainder of the benefit period; provided, however, benefits for outpatient treatment of mental illness, if covered by the policy, may be limited as provided in par.
(g), and surgical expenses shall be covered at a usual, customary and reasonable level.
Ins 3.42(2)(c)
(c) A deductible for each benefit period of $500 except that the deductible shall be $1,000 for each benefit period for a policy insuring members of a family. All covered expenses of any insured family member may be applied to satisfy the deductible.
Ins 3.42(2)(d)
(d) A “benefit period" shall be defined as a calendar year.
Ins 3.42(2)(e)
(e) Payment for all services covered under the contract by any licensed health care professional qualified to provide the services; except payment for psychologists' services may be conditioned upon referral or supervision by a physician.
Ins 3.42(2)(f)
(f) Payment of benefits for maternity, subject to the limitations in pars.
(a),
(b), and
(c), if maternity was covered under the prior policy.
Ins 3.42(2)(g)
(g) Benefits for outpatient treatment of mental illness, if provided by the policy, may be limited to either of the following coverages at the option of the insurer:
Ins 3.42(2)(g)1.
1. At least 50% of usual, customary and reasonable expenses which are in excess of the policy deductible, subject to the policy lifetime maximum.
Ins 3.42(3)
(3) Plan 3—major medical expense coverage. Plan 3 major medical expense coverage shall consist of benefits for hospital, surgical and medical expenses incurred either in or out of a hospital of the following:
(Same as Plan 2 except that maximum benefit is $100,000 and deductible is $1,000 for an individual and $2,000 for a family.)
Ins 3.42 History
History: Cr.
Register, April, 1981, No. 304, eff. 5-1-81; am. (2) (b) and (e), cr. (2) (f) and (g),
Register, October, 1982, No. 322, eff. 11-1-82.
Ins 3.43
Ins 3.43
High limit comprehensive plan of benefits. Ins 3.43(1)(1)
A policy form providing a high limit comprehensive plan of benefits may be approved as an individual conversion policy as provided by s.
632.897 (4) (b), Stats., if it provides comprehensive coverage of expenses of hospital, surgical and medical services of not less than the following:
Ins 3.43(1)(b)
(b) Payment of benefits at the rate of 80% of covered hospital, medical, and surgical expenses which are in excess of the deductible, until 20% of such expenses in a benefit period reaches $1,000, after which benefits shall be paid at 100% for the remainder of the benefit period; provided, however, benefits for outpatient treatment of mental illness, if covered by the policy, may be limited as provided in par.
(g), and surgical expenses shall be covered at a usual, customary and reasonable level.
Ins 3.43(1)(c)
(c) A deductible for each benefit period of at least $250 and not more than $500 except that the deductible shall be at least $250 and not more than $1,000 for each benefit period for a policy insuring members of a family. All covered expenses of any insured family member may be applied to satisfy the deductible.
Ins 3.43(1)(d)
(d) A “benefit period" shall be defined as a calendar year.
Ins 3.43(1)(e)
(e) Payment for all services covered under the contract by any licensed health care professional qualified to provide the services; except payment for psychologists' services may be conditioned upon referral or supervision by a physician.
Ins 3.43(1)(f)
(f) Payment of benefits for maternity, subject to the limitations in pars.
(a),
(b), and
(c), if maternity was covered under the prior policy.
Ins 3.43(1)(g)
(g) Benefits for outpatient treatment of mental illness, if provided by the policy, may be limited to either of the following coverages at the option of the insurer:
Ins 3.43(1)(g)1.
1. At least 50% of usual, customary and reasonable expenses which are in excess of the policy deductible, subject to the policy lifetime maximum.
Ins 3.43(2)
(2) The filing procedures of s.
Ins 6.05, shall apply to policy forms filed as individual conversion policies.
Ins 3.43 History
History: Cr.
Register, April, 1981, No. 304, eff. 5-1-81; am. (1) (b) and (e), cr. (1) (f) and (g),
Register, October, 1982, No. 322, eff. 11-1-82; correction in (2) made under s. 13.93 (2m) (b) 7., Stats.,
Register, January, 1999, No. 517.
Ins 3.44
Ins 3.44
Effective date of s. 632.897, Stats. Ins 3.44(1)(1)
Section
632.897, Stats., applies to group policies issued or renewed on or after May 14, 1980, or if a policy is not renewed within 2 years after the effective date of the act, s.
632.897, Stats., is effective at the end of 2 years from May 14, 1980.
