SECTION 641.31073. Prohibiting discrimination against individual participants and beneficiaries based on health status.
Latest version.
1(1) 2Subject to subsection (2), a health maintenance organization that offers group health insurance coverage may not establish rules for eligibility, including continued eligibility, of an individual to enroll under the terms of the contract based on any of the following health-status-related factors in relation to the individual or a dependent of the individual:
55(a) 56Health status.
58(b) 59Medical condition, including physical and mental illnesses.
66(c) 67Claims experience.
69(d) 70Receipt of health care.
74(e) 75Medical history.
77(f) 78Genetic information.
80(g) 81Evidence of insurability, including conditions arising out of acts of domestic violence.
93(h) 94Disability.
95(2) 96Subsection (1) does not:
100(a) 101Require a health maintenance organization to provide particular benefits other than those provided under the terms of such plan or coverage.
122(b) 123Prevent such a plan or coverage from establishing limitations or restrictions on the amount, level, extent, or nature of the benefits or coverage for similarly situated individuals enrolled in the plan or coverage.
156(3) 157For purposes of subsection (1), rules for eligibility to enroll under a contract include rules for defining any applicable affiliation or waiting periods of enrollment.
182(4)(a) 183A health maintenance organization that offers health insurance coverage may not require any individual, as a condition of enrollment or continued enrollment under the contract, to pay a premium or contribution that is greater than such premium or contribution for a similarly situated individual enrolled under the contract on the basis of any health-status-related factor in relation to the individual or to an individual enrolled under the contract as a dependent of the individual.
257(b) 258This subsection does not:
2621. 263Restrict the amount that an employer may be charged for coverage under a group health insurance contract.
2802. 281Prevent a health maintenance organization offering group health insurance coverage from establishing premium discounts or rebates or modifying otherwise applicable copayments or deductibles in return for adherence to programs of health promotion and disease prevention.
