956 CMR 8.04
Student Health Insurance Program Requirements
(1) Required Benefits. A School's Student Health Insurance Program must provide benefits that
are substantially equal to the Essential Health Benefits Benchmark Plan, in a manner consistent
with the requirements and procedures of 45 CFR § 156.115.
(2) Other Requirements. A School's Student Health Insurance Program:
(a) may not exclude or limit coverage, except as otherwise permitted by 956 CMR 8.04(3),
of any Student who is away from campus for any reason;
(b) must include services delivered in accordance with the healing practices of Christian
Science;
(c) for all plan years beginning January 1, 2014, or later must not impose an annual or
lifetime limit on the dollar amount of required benefits for any covered individual, as
established in 956 CMR 8.04(1);
(d) must offer a prorated premium refund to any Student who paid to enroll in a Student
Health Insurance Program for an entire School Year but who is not a Student at the beginning
of a term during that School Year, provided the School is not required to offer such a refund
to a Student who disenrolls during a term; offer a prorated premium refund to any Student
who paid to enroll in a Student Health Insurance Program for an entire School Year but who
becomes eligible for a subsidized Health Benefit Plan through the Connector or becomes
eligible for MassHealth, and who uses enrollment in such coverage to waive the School's
Student Health Insurance Program, provided the refund shall be prorated by term and
provided the Student becomes eligible prior to the beginning of the term for which the refund
is requested; offer Students the opportunity to enroll in partial year coverage, which may be
prorated by term; and specify in writing its policy regarding premium refunds and partial year
Student enrollment;
(e) must comply with the standards and requirements set out in 45 CFR § 147.136 with
regard to internal claims and appeals. Carriers must provide Students with notification of
the right of appeal to the Office of Patient Protection;
(f) must designate at least one member of the School's staff as the Student Health Insurance
Program contact person to help Students with any Student Health Insurance Program issues
that may arise;
(g) must not consider a Student a late enrollee if a request for enrollment is made within 60
days after termination of coverage under another health insurance plan, including MassHealth
and prorate premiums for such Student based on the month of enrollment in the Student
Health Program;
(h) must comply with the standards and requirements set out in 45 CFR § 147.108 with
regard to preexisting condition exclusions;
(i) must comply with the standards and requirements set out in 45 CFR §§ 147.104 and
147.106 with regard to availability and renewability of coverage, except for those exemptions
applicable to Student health insurance in 45 CFR §147.145(b);
(j) must comply with the standards and requirements set out in 45 CFR § 147.110 with
regard to discriminating against beneficiaries;
(k) must comply with the standards and requirements set out in 45 CFR § 147.128 with
regard to rescission of coverage;
(l) must comply with the standards and requirements set out in 45 CFR § 147.130 with
regard to cost-sharing for preventive services; except that Student administrative health fees
are considered in the same manner as in 45 CFR § 147.145(c);
(m) must comply with the standards and requirements set out in 45 CFR § 147.138(a) with
regard to choice of healthcare professionals;
(n) must comply with the standards and requirements set out in 45 CFR § 147.138(b) with
regard to coverage of Emergency Services, including services received out of network;
(o) must comply with the standards and requirements set out in 45 CFR 148.170 with regard
to benefits for mothers and newborns; and
(p) must comply with the standards and requirements set out in 45 CFR 148.180 with regard
to discrimination based on genetic information.
(3) Permissible Exclusions and Limitations. Unless otherwise prohibited by 956 CMR 8.04(1)
and (2), a School's Student Health Insurance Program may:
(a) impose reasonable exclusions and limitations including different benefit levels for
in-network and out-of-network providers;
(b) impose reasonable co-payments and deductibles. The School's Student Health Insurance
Program must specify the co-pay amount for in-network and out-of-network office, clinic,
and hospital visits. Cost-sharing requirements must follow requirements outlined in
956 CMR 5.03(1)(c) through (e).
(c) exclude charges reimbursable by any other valid and collectible medical insurance plan,
provided that any charges in excess of the limits of such other medical insurance plan must
be reimbursed as otherwise provided in the School's Student Health Insurance Program; and
(d) exclude hospital or medical care resulting from participation in intercollegiate athletics
provided that such care is covered under another health insurance program with equal or
greater coverage.
(4) Student Health Service. A School may designate its on-campus student health service as
an in-network provider for certain health services, so long as the School’s on-campus student
health service is equipped to adequately provide such services as required by law. Otherwise the
program must arrange for outside providers to act as its in-network service provider(s).
(5) Additional Benefits. A School's Student Health Insurance Program may offer benefit levels
that exceed the minimum requirements. In designing Student Health Insurance Programs,
Schools may take into consideration the following factors: the type and nature of the student
body, the size of the campus, the location of the campus, the extent of on-campus health services,
the ability of individual Students to purchase Health Benefit Plans, and the ability of the School
to join with other Schools for the purpose of securing savings through collective bidding for
Student Health Insurance Programs.
(6) Disclosure. Schools must make available and accessible to Students, at the same time
registration materials become available but no less than 30 days in advance of the registration
deadline, information regarding all benefits and services available to the Student under the
Student Health Insurance Program together with applicable limitations and exclusions, provided
that such information has been approved by the Division of Insurance where the Division of
Insurance requires such approval. If such information has not been approved by the Division of
Insurance within the specified timeframe, the information must be posted within seven days of
receiving approval from the Division of Insurance. Such information, including the Student
Health Insurance Program's Evidence of Coverage and contact information for the School
Student Health Insurance Program contact person, must be made available on the School's
website or via a link on the School's website and its availability communicated by other channels
through which student health information is commonly distributed to Students.