054.00.18-7. Disability Minimum Standards for Benefits
AR ADC 054.00.18-7Arkansas Administrative Code
Ark. Admin. Code 054.00.18-7
054.00.18-7. Disability Minimum Standards for Benefits
The following minimum standards for benefits are prescribed for the categories of coverage noted in the following subsections. No individual Policy shall be delivered or issued for delivery in this State which does not meet the required minimum standards for the specified categories unless the Commissioner finds that such policies or contracts are approvable as Limited Benefit Health Insurance and the Outline of Coverage complies with the appropriate outline in Section 9(J) of this rule.
Nothing in this section shall preclude the issuance of any Policy or contract combining two or more categories of coverage.
(2) A “noncancellable”, “guaranteed renewable”, or “noncancellable and guaranteed renewable” Policy shall not provide for termination of coverage of the spouse solely because of the occurrence of an event specified for termination of coverage of the insured, other than non-payment of premium. The Policy shall provide that in the event of the insured's death, the spouse of the insured, if covered under the Policy, shall become the insured.
(3) The terms “noncancellable”, “guaranteed renewable”, or “noncancellable and guaranteed renewable” shall not be used without further explanatory language in accordance with the disclosure requirements of Section 8(A)(1). The terms “noncancellable” or “noncancellable and guaranteed renewable” may be used only in a policy which the insured has the right to continue in force by the timely payment of premiums set forth in the Policy until the age of sixty-five (65) or to eligibility for Medicare, during which period the insurer has no right to make unilaterally any change in any provision of the Policy while the Policy is in force; provided, however, any accident and health Policy which provides for periodic payments, weekly or monthly, for a specified period during the continuance of disability resulting from accident or sickness may provide that the insured has the right to continue the Policy only to age sixty (60) if, at age sixty (60), the insured has the right to continue the Policy in force at least to age sixty-five (65) while actively or regularly employed. Except as provided above, the term “guaranteed renewable” may be used only in a Policy which the insured has the right to continue in force by the timely payment of premiums until the age of sixty-five (65) or to eligibility for Medicare, during which period the insurer has no right to make unilaterally any change in any provision of the Policy while the Policy is in force, except that the insurer may make changes in premium rates by classes; provided, however, any accident and health Policy which provides for periodic payments, weekly or monthly, for a specified period during the continuance of disability resulting from accident or sickness may provide that the insured has the right to continue the Policy only to age sixty (60) if, at age sixty (60), the insured has the right to continue the Policy in force at least to age sixty-five (65) while actively and regularly employed.
(4) In a family Policy covering both husband and wife, the age of the younger spouse must be used as the basis for meeting the age and durational requirements of the definitions of “noncancellable, or “guaranteed renewable”. However, this requirement shall not prevent termination of coverage of the older spouse upon attainment of the stated age limit (e.g., age 65) so long as the Policy may be continued in force as to the younger spouse to the age or for the durational period as specified in said contract.
(9) Family coverage shall continue for any unmarried dependent child who is incapable of self sustaining employment due to mental retardation or physical handicap, on the date that such child's coverage would otherwise terminate under the Policy due to the attainment of a specified age limit (prior to the attainment of 19) for children and is chiefly dependent on the insured for support and maintenance. The coverage shall continue so long as the contract remains in force and so long as the dependent remains in such condition. Notice of such incapacity or dependency must be furnished to the insurer by the policyholder except in no event shall this notice requirement preclude eligible dependents under this regulation regardless of age.
(12) Accidental death and dismemberment benefits shall be payable if the loss occurs within ninety (90) days from the date of the accident, irrespective of total disability. However, no claim shall be denied wherein the insured with the use of extraordinary life support systems delays the loss for more than ninety (90) days from the date of the accident. Disability income benefits, if provided, shall not require the loss to commence less than thirty (30) days after the date of accident, nor shall any Policy which the insurer cancels or refuses to renew require that it be in force at the time disability commences if the accident occurred while the Policy was in force.
(15) Termination of the Policy shall be without prejudice to any continuous loss which commenced while the Policy was in force, but the extension of benefits beyond the period the Policy was in force may be predicated upon the continuous total disability of the insured, limited to the duration of the Policy benefit period, if any, or payment of the maximum benefits.
“Basic Hospital Expense Coverage” is a Policy of accident and health insurance which provides coverage for a period of not less than thirty-one (31) days during any continuous hospital confinement for each person insured under the Policy, for expense incurred for necessary treatment and services rendered as a result of accident or sickness for at least the following:
(2) miscellaneous hospital services for expenses incurred for the charges made by the hospital for services and supplies which are customarily rendered by the hospital and provided for use only during any one period of confinement in an amount not less than 80% of the charges incurred up to a maximum of at least $5,000.00 or thirty-one (31) times the daily hospital room and board benefits, whichever is the lesser; and
(3) hospital out-patient services consisting of (a) hospital services on the day surgery is performed, and (b) hospital services rendered within seventy-two (72) hours after accidental injury, in an amount not less than $80.00, and (c) x-ray and laboratory tests to the extent that benefits for such services would have been provided if rendered to an in-patient of the hospital;
“Basic Medical-Surgical Expense Coverage” is a Policy of accident and health insurance which provides coverage for each person insured under the Policy for the expenses incurred for the necessary services rendered by a physician for treatment of an injury or sickness for at least the following:
(a) in amounts not less than those provided on a fee schedule based on the relative values contained in the State of New York Certified Surgical Fee Schedule, or the 1964 California Relative Value Schedule or other acceptable relative value scale or surgical procedures, up to a maximum of at least $1,600.00 for any one procedure; or
(3) In-hospital medical services, consisting of physician services rendered to a person who is a bed patient in a hospital for treatment of sickness or injury other than that for which surgical care is required, in an amount not less than 80% of the reasonable charges; or $25.00 per day for not less than thirty-one (31) days during one period of confinement.
“Hospital Confinement Indemnity Coverage” is a Policy of accident and health insurance which provides daily benefits for hospital confinement on an indemnity basis in an amount not less than $80.00 per day and not less than thirty-one (31) days during any one period of confinement for each person insured under the Policy. No elimination period shall be allowed greater than one (1) day. However, coverage issued as a rider to an existing Policy may be written in an amount not less than $15.00 per day with the same benefit period and elimination period provided in the existing Policy.
“Major Medical Expense Coverage” or “Comprehensive Health Expense Coverage” is a Policy of accident and health insurance which provides hospital, medical and surgical expense coverage, to an aggregate maximum of not less than $35,000.00; co-payment by the covered person not to exceed 25% of covered charges; a deductible stated on a per person, per family, per illness, per benefit period, or per year basis, or a combination of such bases not to exceed 5% of the aggregate maximum limit under the Policy, unless the Policy is written to compliment underlying hospital and medical insurance in which case such deductible may be increased by the amount of the benefits provided by such underlying insurance that is then in force or thereafter issued, for each covered person for at least;
(4) anesthesia services prior to application of the co-payment percentage, for a maximum of not less than 15% of the covered surgical fees or, alternatively, if the surgical schedule is based on relative values, not less than the amount provided therein for anesthesia services at the same unit value as used for the surgical schedule;
(6) out of hospital care, prior to application of the co-payment percentage, consisting of physicians' services rendered on an ambulatory basis where coverage is not provided elsewhere in the Policy for diagnosis and treatment of sickness or injury, and diagnostic x-ray, laboratory services, radiation therapy, and hemodialysis ordered by a physician; and
“Disability Income Protection Coverage” is a Policy which provides for periodic payments, weekly or monthly, for a specified period during the continuance of disability resulting from either sickness or injury or a combination thereof which:
No reduction in benefits shall be put into effect because of an increase in Social Security or similar benefits during a benefit period. Section 7(F) does not apply to those Policies providing business buyout coverage.
(1) “Accident Only Coverage” is a Policy of accident and health insurance which provides coverage, singly or in combination, for death, dismemberment, disability, or hospital and medical care caused by accident. Accidental death and double dismemberment amounts under such a policy shall be at least $1,000.00 and a single dismemberment amount shall be at least $500.00.
(2) “Specified Accident Coverage” is an accident insurance Policy which provides coverage for a specifically identified kind of accident (or accidents) for each person insured under the Policy for accidental death or accidental death and dismemberment, combined with a benefit amount not less than $1,000.00 for accidental death, $1,000.00 for double dismemberment and $500.00 for a single dismemberment.
“Nursing Home Confinement Indemnity Coverage” is a Policy of accident and health insurance which provides benefits for confinement in facilities as defined in Section 5(C) of this rule on a daily indemnity basis. Benefits may not be more restrictive than the following:
“Intensive Care Unit Indemnity Coverage” is a Policy of accident and health insurance which provides daily benefits for hospital confinement in an intensive care unit on an indemnity basis in an amount not less than $150.00 per day and not less than fifteen (15) days during any one period of confinement for each person insured under the Policy. No elimination period shall be allowed.
A definition of Hospital Intensive Care Unit shall not be more restrictive than the following: Specifically designated facility of the hospital that provides the highest level of medical care and which is restricted to those patients who are physically, critically ill or injured. Such facilities must be separate and apart from the surgical recovery room and from rooms, beds, and wards customarily used for patient confinement.
They must be permanently equipped with special equipment for the care of the critically ill or injured, and they must be under close observation by trained and qualified personnel assigned on a full-time basis, exclusively to that unit.
“Limited Benefit Health Insurance Coverage” is any Policy or contract which provides benefits that are less than the minimum standards for benefits required under Section 7(B), (C), (D), (E), (F), (G), (H), (I), (J) and Appendix (B), (C) and (D). Such Policies or contracts may be delivered or issued for delivery in this State only if the outline of coverage required by Section 8(J) of this rule is completed and delivered by Section 8(B) of this rule. The Policy title required by Section 7(A)(1) shall include “Limited Benefit Health Insurance Coverage” as well as the appropriate categories of coverage.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 054.00.18-7, AR ADC 054.00.18-7
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