Regl. 7747, art. L-5
Policy Definitions and Terms
Length: 481 wordsOfficial source
Cite as Reglamento Núm. 7747, Art. L-5
No policy or certificate may be advertised, solicited or issued for delivery
in Puerto Rico as a Medicare supplement policy or certificate unless the policy or
certificate contains definitions or terms which conform to the requirements of
this section.
A. "Accident, "accidental injury," or "accidental means" shall be defined
to employ "result" language and shall not include words that establish
an accidental means test or use words such as "external, violent, visible
wounds" or similar words of description or characterization.
(1)
The definition shall not be more restrictive than the
following: "Injury or injuries for which benefits are
provided means accidental bodily injury sustained by the
insured person who is the direct result of an accident,
independent of disease or bodily infirmity or any other
cause, and occurs while insurance coverage is in force".
(2)
The definition may provide that injuries shall not include
injuries for which benefits are provided or available under
any workers' compensation, employer's liability or similar
law, or motor vehicle no-fault plan, unless prohibited by law.
B.
"Benefit period" or "Medicare benefit Period" shall not be defined
more restrictively than as defined in the Medicare program.
C.
"Convalescent nursing home," "extended care facility," or "skilled
nursing facility" shall not be defined more restrictively than as
defined in the Medicare program.
D.
"Health care expenses" means for the purpose of Section 14,
expenses of health maintenance organizations associated with the
delivery of health care services, which expenses are analogous to
incurred losses of insurers.
E.
"Hospital" may be defined in relation to its status, facilities and
available services or to reflect its accreditation by the Joint
Commission on Accreditation of Hospitals, but not more
restrictively than as defined in the Medicare program.
F.
"Medicare" shall be defined in the policy and certificate. Medicare
may be substantially defined as "The Health Insurance for the Aged
Act, Title XVIII of the Social Security Amendments of 1965 as Then
Constituted or Later Amended", or "Title I, Part I of Public Law 89-
97, as Enacted by the Eighty-Ninth Congress of the United States of
America and popularly known as the Health Insurance for the
Aged Act, as then constituted and any later amendments or
substitutes thereof," or words of similar import.
G.
"Medicare eligible expenses" shall mean expenses of the kinds
covered by Medicare Parts A and B, to the extent recognized as
reasonable and medically necessary by Medicare.
H.
"Physician" shall not be defined more restrictively than as defined
in the Medicare program.
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I.
"Sickness" shall not be defined to be more restrictive than the
following:
"Sickness means illness or disease of an insured person
which first manifests itself after the effective date of
insurance and whiles the insurance is in force."
The definition may be further modified to exclude sicknesses or
diseases for which benefits are provided under any worker's
compensation, occupational disease, employer's liability or similar
law.