R.C.S.A. § 38a-513-4
Required provisions for group health insurance benefits
Cite as Conn. Agencies Regs. § 38a-513-4
(a) General Rules.
(1) Each group policy or certificate of accident and sickness insurance shall include
a renewal, continuation, or non-renewal provision. The language or specifications
of such provision shall be consistent with the type of contract to be issued. Such
provision shall be appropriately captioned, shall appear on the first page of the
policy, and shall clearly state the duration, where limited, of renewability and the
duration of the term of coverage for which the policy is issued and for which it may
be renewed.
(2) Except for riders or endorsements by which the insurer effectuates a request made
in writing by the policyholder, or exercises a specifically reserved right under the
policy or certificate, all riders or endorsements added to a policy or certificate
after date of issue or at reinstatement or renewal that reduce or eliminate benefits
or coverage in the policy or certificate shall require signed acceptance by the policyholder.
After the date of policy or certificate issue, any rider or endorsement that increases
benefits or coverage with a concomitant increase in premium during the policy term
shall be agreed to in writing signed by the policyholder, except if the increase in
benefit or coverage is required by law.
(3) Where a separate additional premium is charged for benefits provided in connection
with riders or endorsements, such premium charge shall be set forth in the policy
or certificate.
(4) A policy or certificate that provides for the payment of benefits based on standards
described as "usual and customary," "reasonable and customary," “maximum allowable
charge,” or words of similar import shall include a definition of such terms and an
explanation of such terms.
(5) If a policy or certificate contains any limitations with respect to pre-existing
conditions, such limitations shall appear as a separate paragraph of the policy or
certificate and be labeled as "Pre-existing Conditions Limitations."
(6) All accident only policies shall contain a prominent statement on the first page
or an attachment to the policy and certificate in either contrasting color or in boldface
type at least equal to the size of type used for policy captions, a prominent statement
as follows: "This is an accident only policy and it does not pay benefits for loss
from sickness."
(7) If a policy contains a conversion privilege, it shall comply, in substance, with
the following: The caption of the provision shall be "Conversion Privilege" or words
of similar import. The provision shall indicate the persons eligible for conversion,
the circumstances applicable to the conversion privilege, including any limitations
on the conversion, and the person by whom the conversion privilege may be exercised.
The provision shall specify the benefits to be provided on conversion or may state
that the converted coverage will be as provided on a policy form then being used by
the insurer for that purpose.
(b) Hospital confinement indemnity policies or certificates are designed to provide,
to persons insured, coverage in the form of a fixed daily benefit during periods of
hospitalization resulting from a covered accident or sickness, subject to any limitations
set forth in the policy. Such policies do not provide any benefits other than the
fixed daily indemnity for hospital confinement and any additional benefits that are
described pursuant to subdivision (4) of this subsection. The policy or certificate
shall include:
(1) A clear and concise description of the benefits including a description of any
deductible, coinsurance or co-payment provisions applicable to the benefits described,
and proper disclosure of benefits that vary according to accidental cause and also
including:
(A) Daily benefit payable during hospital confinement; and
(B) Duration of the benefit described in subparagraph (A) of this subdivision.
(2) A description of any policy provisions that exclude, eliminate, restrict, reduce,
limit, delay, or in any other manner operate to qualify payment of the benefits described
pursuant to subdivision (1) of this subsection.
(3) A description of policy provisions regarding renewability or continuation of coverage,
including age restrictions or any reservation of right to change premiums.
(4) Any benefits provided in addition to the daily hospital benefit.
(c) Disability income protection policies or certificates are designed to provide,
to persons insured, income protection coverage in the form of periodic payments for
disabilities resulting from a covered accident or sickness, subject to any limitations
set forth in the policy. Coverage is not provided for basic hospital, basic medical-surgical,
or major-medical expenses. The policy or certificate shall include:
(1) A clear and concise description of the benefits including a description of any
deductible, coinsurance or co-payment provisions applicable to the benefits described,
and proper disclosure of benefits that vary according to accidental cause.
(2) A description of any policy provisions that exclude, eliminate, restrict, reduce,
limit, delay, or in any other manner operate to qualify payment of the benefits described
pursuant to subdivision (1) of this subsection.
(3) A description of policy provisions regarding renewability or continuation of coverage,
including age restrictions or any reservation of right to change premiums.
(d) Accident only policies or certificates are designed to provide, to persons insured,
coverage for certain losses resulting from a covered accident only, subject to any
limitations contained in the policy. Coverage is not provided for basic hospital,
basic medical-surgical, or major-medical expenses. The policy or certificate shall
include:
(1) A clear and concise description of the benefits including a description of any
deductible, coinsurance or co-payment provisions applicable to the benefits described,
and proper disclosure of benefits that vary according to accidental cause.
(2) A description of any policy provisions that exclude, eliminate, restrict, reduce,
limit, delay, or in any other manner operate to qualify payment of the benefits described
pursuant to subdivision (1) of this subsection.
(3) A description of policy provisions regarding renewability or continuation of coverage,
including age restrictions or any reservation of right to change premiums.
(e) Specified accident policies or certificates are designed to provide, to persons
insured, restricted coverage paying benefits only when certain losses occur as a result
of specified accidents. Coverage is not provided for basic hospital, basic medical-surgical,
or major-medical expense. The policy or certificate shall include:
(1) A clear and concise description of the benefits including a description of any
deductible, coinsurance or co-payment provisions applicable to the benefits described,
and proper disclosure of benefits that vary according to accidental cause.
(2) A description of any policy provisions that exclude, eliminate, restrict, reduce,
limit, delay, or in any other manner operate to qualify payment of the benefits described
pursuant to subdivision (1) of this subsection.
(3) A description of policy provisions regarding renewability or continuation of coverage,
including age restrictions or any reservation of right to change premiums.
(f) Limited benefit policies or certificates are designed to provide to the person
insured all of the benefits of a category of the type specified in subdivisions (1),
(2), (3), (4), (5), (6), and (8) of section 38a-469 of the Connecticut General Statutes
but at a lower level of coverage. The policy or certificate shall include:
(1) A clear and concise description of the benefits including a description of any
deductible, coinsurance or co-payment provisions applicable to the benefits described,
and proper disclosure of benefits that vary according to accidental cause.
(2) A description of any policy provisions that exclude, eliminate, restrict, reduce,
limit, delay, or in any other manner operate to qualify payment of the benefits described
pursuant to subdivision (1) of this subsection.
(3) A description of policy provisions regarding renewability or continuation of coverage,
including age restrictions or any reservation of right to change premiums.
(g) Specified disease policies or certificates are designed to provide to the person
insured benefits for the diagnosis and treatment of one or more specifically named
diseases, conditions or syndromes. As used in this section, "condition" includes specifically
named diseases, conditions or syndromes unless the context otherwise requires. The
following requirements shall apply to group specified disease policies in addition
to all other requirements applicable to group accident and sickness policies.
(1) Any specified disease policy or certificate that conditions payment upon pathological
diagnosis of a covered disease, condition or syndrome shall also provide that if such
a pathological diagnosis is medically inappropriate, a clinical diagnosis shall be
accepted in lieu thereof.
(2) Policies and certificates described in subdivision (13) of this subsection shall
provide benefits to any covered certificate holder not only for a specified disease,
condition or syndrome, but also for any other disease, condition or syndrome directly
caused or aggravated by the specified disease, condition or syndrome or its treatment.
(3) All policies and certificates shall include a provision that allows the certificate
holder to continue coverage or convert to an individual specified disease policy in
the event of termination of the eligibility of the certificate holder or in the event
of the cancellation, nonrenewal or termination of the group specified disease policy.
Conversion shall be made without evidence of insurability and without pre-existing
conditions limitations or waiting periods, with an effective date that coincides with
the date coverage ceased under the group plan.
(4) No specified disease policy or certificate shall contain a waiting or probationary
period greater than thirty (30) days. Premiums paid for a certificate holder shall
be refunded if the certificate holder is diagnosed with a covered disease, condition
or syndrome during the waiting or probationary period. Alternatively, the certificate
may provide for an additional option for the certificate holder to continue the certificate
in force, but in no event shall benefits for that disease, condition or syndrome be
withheld beyond the time period specified in the pre-existing condition provision.
(5) Payment of benefits may be conditioned upon a covered certificate holder receiving
medically necessary care or treatment.
(6) Any application for a specified disease policy or certificate shall contain a
prominent statement above the signature of the applicant that a person who is already
covered by Medicaid is not eligible for this coverage and cannot be included in the
group. Such statement shall be in bold face type or contrasting color.
(7) The benefits of a specified disease policy or certificate shall be paid regardless
of other coverage.
(8) Benefit payments under group specified disease policies described in subdivision
(14) of this subsection shall begin with the first day of care or confinement after
the effective date of the policy if such care or confinement is for a covered disease,
condition or syndrome even though the diagnosis of a covered disease, condition or
syndrome is made at some later date (but not retroactive more than ninety (90) days
from the date of diagnosis) if the initial care or confinement was for diagnosis or
treatment of such covered disease, condition or syndrome.
(9) Specified disease policies and certificates shall provide a thirty (30) day free
look. Notice of the thirty (30) day free look shall appear on the face page of the
policy and certificate in bold face equal to at least fourteen (14) point type.
(10) Specified disease policies and certificates shall contain a prominent statement
on the first page of the policy and certificate in bold face type at least equal to
fourteen (14) point type as follows: "CAUTION! This policy (or certificate) PROVIDES
LIMITED COVERAGE. IT IS NOT A MAJOR MEDICAL POLICY (OR CERTIFICATE). Read it carefully.
It only pays benefits for treatment (or diagnosis) of (specified disease, condition
or syndrome)."
(11) The premiums for a specified disease policy shall be reasonable in relation to
benefits and shall not be excessive or inadequate. The insurer shall establish premiums
for specified disease policies in accordance with generally accepted actuarial principles
and practices so as to return to certificate holders in the form of aggregate benefits
provided under the policy during the period for which rates are computed at least
sixty-five percent (65%) of the aggregate premiums earned. Each insurer shall annually
report by June 30 earned premiums and incurred claims for the prior calendar year
for each approved group specified disease policy form in a format acceptable to the
Commissioner.
(12) "Pre-existing condition" shall not be defined in a group specified disease policy
to be more restrictive than the following: Pre-existing condition means a condition
for which medical advice or treatment was recommended by a physician or received from
a physician within a twelve (12) month period preceding the effective date of the
coverage of the certificate holder. No policy or certificate shall exclude for a loss
due to a pre-existing condition for a period greater than twelve (12) months following
the certificate holder's effective date of coverage.
(13) Each specified disease policy and certificate shall meet the minimum benefit
standards provided in subparagraph (A), (B) or (C) of this subdivision. In addition,
a specified disease policy may combine coverages of the types described in subparagraph
(A), (B), and (C) of this subdivision. A policy that combines coverages and meets
the minimum benefit standard requirements set forth in subparagraph (A), (B), or (C)
of this subdivision may be approved for sale in the state if it includes some, but
not all, of the benefits otherwise permitted by another type of group specified disease
policy, except that group specified disease policies combining coverage of the types
described in subparagraph (A) and (B) of this subdivision shall meet the minimum requirements
for each type of coverage.
(A) Coverage for medical expenses incurred by each certificate holder insured under
the policy for one or more specifically named diseases, conditions or syndromes, with
a deductible amount not in excess of one thousand dollars ($1,000), co-insurance by
the insured not to exceed twenty-five per cent (25%), and an overall aggregate lifetime
benefit limit, per certificate holder, of not less than two hundred and fifty thousand
dollars ($250,000). Any inside limits shall be reasonable. Policy benefits shall include:
(i) Hospital room and board and hospital furnished medical services or supplies;
(ii) Treatment by, or under the direction of, a physician or surgeon;
(iii) Private duty services of a registered nurse or a licensed practical nurse;
(iv) X-ray, radium, cobalt, nuclear medicine, chemotherapy, and other therapeutic
procedures used in diagnosis and treatment;
(v) Licensed ambulance for local service to or from a local hospital;
(vi) Blood transfusions, and plasma, and the administration thereof;
(vii) Drugs and medicines prescribed by a physician;
(viii) The rental of any respirator or other mechanical apparatus;
(ix) Braces, crutches, wheelchairs and other adaptive devices deemed necessary by
the attending physician because of the incapacitating nature of the covered condition;
(x) Transportation beyond the local area for medically necessary treatment;
(xi) Anesthesia services, consisting of administration of necessary general anesthesia
and related procedures in connection with covered surgical services rendered by a
physician other than the physician (or his assistant) performing the surgical service,
in an amount not less than (I) eighty percent (80%) of the reasonable charges, or
(II) fifteen percent (15%) of the surgical service benefit;
(xii) Home health care as described in section 38a-520(d) of the Connecticut General
Statutes;
(xiii) Physical, speech, hearing and occupational therapy for symptoms related to
the covered condition;
(xiv) Special equipment and supplies, including, but not limited to, hospital bed,
bedpans, pulleys, wheelchairs, aspirator, disposable diapers, oxygen, surgical dressings,
rubber shields, colostomy and ileostomy appliances;
(xv) Reconstructive surgery when medically necessary;
(xvi) Prosthetic devices including wigs and artificial breasts;
(xvii) Nursing home care;
(xviii) Hospice care; and
(xix) Any other expenses necessarily incurred in the care and treatment of the covered
condition.
(B) Per diem indemnification for each certificate holder insured under the policy
for a specifically named disease, condition or syndrome with no deductible amount,
and an overall aggregate benefit limit of not less than two hundred and fifty thousand
dollars ($250,000) while medically confined, subject to the following minimum benefit
standards:
(i) A fixed-sum payment of at least one hundred and fifty dollars ($150) for each
day of hospital confinement;
(ii) A fixed-sum payment equal to at least one hundred dollars ($100) for each day
of hospital or non-hospital out-patient surgery, chemotherapy and radiation therapy;
and
(iii) A fixed-sum payment equal to one-half of the hospital in-patient benefit for
each day of nursing home care, hospice care, and home health care for at least one
hundred (100) days.
(C) A fixed-sum one-time payment made not more than thirty (30) days after submission
to the insurer of proof of diagnosis of the specified disease, condition, or syndrome
of not less than one thousand dollars ($1,000). In addition, payment amounts may be
limited to not less than two hundred and fifty dollars ($250) for one or more specified
diseases, conditions, or syndromes where coverage is provided under such policy for
two or more specified diseases, conditions, or syndromes, provided that the aggregate
amount payable under the policy for all specified diseases, conditions, or syndromes
is at least one thousand dollars ($1,000). Also, coverage for a fixed-sum payment
for a spouse or dependent may be included under the policy, provided the benefit amount
included is at least twenty-five percent (25%) of the benefit amount for the certificate
holder. Where coverage is advertised or otherwise represented to offer generic coverage
of a specified disease, condition, or syndrome, the same dollar amounts shall be payable,
regardless of the particular subtype of the disease, condition, or syndrome unless
such subtype is clearly identifiable and the policy clearly differentiates that subtype
and its benefits.
(14) No group specified disease policy shall be delivered or issued for delivery in
this state unless an outline of coverage in the form prescribed below is completed
and is delivered with the certificate. The items included in the outline of coverage
shall appear in the sequence prescribed below:
CAUTION!
(COMPANY NAME)
(SPECIFIED DISEASE, CONDITION OR SYNDROME) COVERAGE
OUTLINE OF COVERAGE
(A) Read Your Certificate Carefully — This outline of coverage provides a very brief
description of the important features of your certificate. This is not the insurance
contract and only the actual certificate provisions shall control. The certificate
sets forth in detail the rights and obligations of both you and your insurance company.
It is, therefore, important that you READ YOUR CERTIFICATE CAREFULLY!
(B) (Specified disease, condition or syndrome) Coverage — This certificate is designed
to provide, to certificate holders, restricted coverage paying benefits ONLY when
certain losses occur as a result of treatment (or diagnosis) of the specified disease,
condition, or syndrome. This certificate does NOT provide general health insurance.
(C) This certificate is NOT A MEDICARE SUPPLEMENT certificate. If you are eligible
for Medicare, review the Guide to Health Insurance for People with Medicare available
from (the company).
(D) A brief specific description of the benefits, including dollar amounts, contained
in this certificate.
(E) A description of any certificate provisions which exclude, eliminate, restrict,
reduce, limit, delay, or in any other manner operate to qualify payment of the benefits
described pursuant to (D) above.
(F) A description of certificate provisions respecting continuation or conversion
of coverage in the event of group policy termination.