AB68,1526,14 12632.7496 Coverage requirements for short-term plans. (1) Definition.
13In this section, “short-term, limited duration plan” means an individual health
14benefit plan described in s. 632.7495 (4) that an insurer is not required to renew.
AB68,1526,17 15(2) Guaranteed issue. Every short-term, limited duration plan shall accept
16every individual in this state who applies for coverage whether or not any individual
17has a preexisting condition.
AB68,1526,22 18(3) Prohibiting discrimination based on health status. (a) A short-term,
19limited duration plan may not establish rules for the eligibility of any individual to
20enroll, or for the continued eligibility of any individual to remain enrolled, under the
21plan based on any of the following health status-related factors in relation to the
22individual or a dependent of the individual:
AB68,1526,2323 1. Health status.
AB68,1526,2424 2. Medical condition, including both physical and mental illnesses.
AB68,1526,2525 3. Claims experience.
AB68,1527,1
14. Receipt of health care.
AB68,1527,22 5. Medical history.
AB68,1527,33 6. Genetic information.
AB68,1527,54 7. Evidence of insurability, including conditions arising out of acts of domestic
5violence.
AB68,1527,66 8. Disability.
AB68,1527,137 (b) A short-term, limited duration plan may not require any individual, as a
8condition of enrollment or continued enrollment under the plan, to pay, on the basis
9of any health status-related factor under par. (a) with respect to the individual or a
10dependent of the individual, a premium or contribution or a deductible, copayment,
11or coinsurance amount that is greater than the premium or contribution or
12deductible, copayment, or coinsurance amount respectively for a similarly situated
13individual enrolled under the plan.
AB68,1527,15 14(4) Premium rate variation. A short-term, limited duration plan may vary
15premium rates for a specific plan based only on the following considerations:
AB68,1527,1616 (a) Whether the policy or plan covers an individual or a family.
AB68,1527,1717 (b) Rating area in the state, as established by the commissioner.
AB68,1527,2018 (c) Age, except that the rate may not vary by more than 3 to 1 for adults over
19the age groups and the age bands shall be consistent with recommendations of the
20National Association of Insurance Commissioners.
AB68,1527,2121 (d) Tobacco use, except that the rate may not vary by more than 1.5 to 1.
AB68,1527,23 22(5) Annual and lifetime limits. A short-term, limited duration plan may not
23establish any of the following:
AB68,1527,2524 (a) Lifetime limits on the dollar value of benefits for an enrollee or a dependent
25of an enrollee under the plan.
AB68,1528,2
1(b) Limits on the dollar value of benefits for an enrollee or a dependent of an
2enrollee under the plan for the initial or cumulative duration of the plan.
AB68,2949 3Section 2949. 632.76 (2) (a) and (ac) 1. and 2. of the statutes are amended to
4read:
AB68,1528,125 632.76 (2) (a) No claim for loss incurred or disability commencing after 2 years
6from the date of issue of the policy may be reduced or denied on the ground that a
7disease or physical condition existed prior to the effective date of coverage, unless the
8condition was excluded from coverage by name or specific description by a provision
9effective on the date of loss. This paragraph does not apply to a group health benefit
10plan, as defined in s. 632.745 (9), which is subject to s. 632.746 , a disability insurance
11policy, as defined in s. 632.895 (1) (a), or a self-insured health plan, as defined in s.
12632.85 (1) (c)
.
AB68,1528,1813 (ac) 1. Notwithstanding par. (a), no No claim or loss incurred or disability
14commencing after 12 months from the date of issue of under an individual disability
15insurance policy, as defined in s. 632.895 (1) (a), may be reduced or denied on the
16ground that a disease or physical condition existed prior to the effective date of
17coverage, unless the condition was excluded from coverage by name or specific
18description by a provision effective on the date of the loss
.
AB68,1528,2519 2. Except as provided in subd. 3., an An individual disability insurance policy,
20as defined in s. 632.895 (1) (a), other than a short-term policy subject to s. 632.7495
21(4) and (5), may not define a preexisting condition more restrictively than a condition
22that was present before the date of enrollment for the coverage, whether physical or
23mental, regardless of the cause of the condition, for which and regardless of whether
24medical advice, diagnosis, care, or treatment was recommended or received within
2512 months before the effective date of coverage
.
AB68,2950
1Section 2950. 632.76 (2) (ac) 3. (intro.) of the statutes is amended to read:
AB68,1529,42 632.76 (2) (ac) 3. (intro.) Except as the commissioner provides by rule under
3s. 632.7495 (5), all of the following apply to an individual disability insurance policy
4that is a short-term, limited duration policy subject to s. 632.7495 (4) and (5):
AB68,2951 5Section 2951. 632.76 (2) (ac) 3. b. of the statutes is amended to read:
AB68,1529,116 632.76 (2) (ac) 3. b. The policy shall reduce the length of time during which a
7may not impose any preexisting condition exclusion may be imposed by the
8aggregate of the insured's consecutive periods of coverage under the insurer's
9individual disability insurance policies that are short-term policies subject to s.
10632.7495 (4) and (5). For purposes of this subd. 3. b., coverage periods are consecutive
11if there are no more than 63 days between the coverage periods
.
AB68,2952 12Section 2952. 632.795 (4) (a) of the statutes is amended to read: