MCA Chapter 61

in effect

Miss. Code Ann. § 83-61-1 Short title.

This chapter shall be known and may be cited as the “Voluntary Basic Health Insurance Coverage Law.”

Miss. Code Ann. § 83-61-3 Definitions.

As used in this chapter the following words and phrases shall have the meanings ascribed herein unless the context clearly requires otherwise: “Carrier” means any insurance company, health maintenance association or hospital, medical or surgical services association that is authorized by the State of Mississippi to write accident and health insurance policies and contracts. “Program” means the Voluntary Basic Health Insurance Coverage Program. “Provider” means any provider of medical services as defined in the contract of insurance coverage. “Approved carrier” means any insurance company, health maintenance association or hospital, medical or surgical services association that meets the criteria established by this chapter to participate in the Voluntary Basic Health Insurance Coverage Program.

Miss. Code Ann. § 83-61-5 Promulgation of rules and regulations.

The Commissioner of Insurance is directed to promulgate rules and regulations to establish procedures for implementation of the provisions of this chapter and penalties for noncompliance.

Miss. Code Ann. § 83-61-7 Eligibility.

To be eligible for insurance coverage under the program, an individual shall provide evidence to the approved carrier that he or she: Is under sixty-five (65) years of age; Is acceptable to the approved carrier; and Has been without private health insurance coverage for the twelve (12) months immediately preceding application to the program, or that his or her family income does not exceed one hundred fifty percent (150%) of the federal poverty level. No person who is covered under the program and terminates the coverage is again eligible for coverage unless twelve (12) months have elapsed since the person’s latest termination.

Miss. Code Ann. § 83-61-9 Participation voluntary.

Participation by carriers and providers in policy authorization by this chapter shall be voluntary.

Miss. Code Ann. § 83-61-11 Exemption from mandated benefits and premium tax.

Contracts of insurance coverage offered by approved carriers that are approved by the Commissioner of Insurance shall be exempt from all state mandated benefits and from the premium tax required in Sections 27-15-103 and 27-15-109.

Miss. Code Ann. § 83-61-13 Written disclosure by the carrier; written statement by eligible individual; services and costs information.

Upon offering coverage under a minimum benefits or basic coverage contract issued in accordance with this chapter, the approved carrier shall provide the eligible individual with a written disclosure containing at least the following: An explanation that this is a minimum benefits or basic insurance coverage contract and that benefits otherwise mandated by state law are not covered in the minimum benefits contracts; An explanation of the benefits mandated by state law; An explanation of the cost control features of the minimum benefits or basic coverage contract; and A list of applicable addresses and telephone numbers for use by the eligible individual to obtain information on and authorization for participation in the program. Before issuing a minimum benefits or basic insurance coverage contract in accordance with this chapter, the approved carrier shall obtain from the eligible individual a signed written statement in which the individual: Certifies his or her eligibility for coverage under a minimum benefits or basic coverage contract in accordance with Section 83-61-7; Acknowledges the limited benefits provided under the basic coverage insurance contract. The State Health Department shall furnish information to approved carriers concerning the services, and the costs of such services, if any, available from the county and state health departments, and such information shall be included in contracts of insurance coverage. The carriers shall furnish information to their policyholders concerning the federal government’s earned income credit for health insurance, and such information shall be included in contracts of insurance coverage issued under this chapter.

Miss. Code Ann. § 83-61-15 Advisory committee; membership.

The Commissioner of Insurance may appoint an advisory committee, engage consultants or participate in grant programs to study and recommend the details of the program. The advisory committee shall be composed of the following: one (1) physician, one (1) hospital representative, one (1) small business representative, one (1) domestic insurer, one (1) member of the Health Insurance Agents Association, and one (1) nonprofit insurer. One (1) representative of the Department of Insurance shall serve as an ex officio member of the advisory committee. The advisory committee shall serve at the will and pleasure of the Commissioner of Insurance.

Miss. Code Ann. § 83-61-17 Filing of rates.

The Commissioner of Insurance may require carriers to file rates for informational purposes. Nothing in this chapter shall be construed to require the commissioner’s approval before using such rates.

Miss. Code Ann. § 83-61-19 Minimum loss ratio.

The Commissioner of Insurance may require a minimum loss ratio that carriers must meet in order to participate in the program.