SENATE BILL No. 1154

 

 

March 15, 2006, Introduced by Senator OLSHOVE and referred to the Committee on Health Policy.

 

 

 

     A bill to amend 1956 PA 218, entitled

 

"The insurance code of 1956,"

 

by amending sections 2243, 3405, and 3631 (MCL 500.2243, 500.3405,

 

and 500.3631), as amended by 1994 PA 438; and to repeal acts and

 

parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2243. (1) Notwithstanding any provision of a policy or

 

contract of group accident, group health, or group accident and

 

health insurance, executed after July 23, 1965, if the policy or

 

contract provides for reimbursement for any optometric service that

 

is within the lawful scope of practice of a duly licensed

 

optometrist, a subscriber to such group accident, group health, or

 

group accident and group health insurance policy or contract shall

 

be entitled to reimbursement for such service, whether the service


 

is performed by a physician or a duly licensed optometrist. Unless

 

the policy or contract of group accident, group health, or group

 

accident and health insurance otherwise provides, there shall be no

 

reimbursement for ophthalmic materials, lenses, spectacles,

 

eyeglasses, or appurtenances.

 

     (2) If a subscriber contract provides for and offers

 

optometric services, the subscriber shall have freedom of choice to

 

select either a physician or an optometrist to render the services.

 

Unless the subscriber contract otherwise provides, there shall be

 

no reimbursement for ophthalmic materials, lenses, spectacles,

 

eyeglasses, or appurtenances.

 

     (3) This section does not require coverage or reimbursement

 

for a practice of optometric service unless that service was

 

included in the definition of practice of optometry under section

 

17401 of the public health code, Act No. 368 of the Public Acts of

 

1978, being section 333.17401 of the Michigan Compiled Laws, as of

 

May 20, 1992.

 

     Sec. 3405. (1) For the purpose of doing business as an

 

organization under the prudent purchaser act,  Act No. 233 of the

 

Public Acts of 1984, being sections 550.51 to 550.63 of the

 

Michigan Compiled Laws  1984 PA 233, MCL 550.51 to 550.63, an

 

insurer authorized in this state to write disability insurance that

 

provides coverage for hospital, nursing, medical, surgical, or

 

sick-care benefits may enter into prudent purchaser agreements with

 

providers of hospital, nursing, medical, surgical, or sick-care

 

services pursuant to this section and  Act No. 233 of the Public

 

Acts of 1984  the prudent purchaser act, 1984 PA 233, MCL 550.51 to


 

550.63.

 

     (2) An insurer may offer disability insurance policies under

 

which the insured persons shall be required, as a condition of

 

coverage, to obtain hospital, nursing, medical, surgical, or sick-

 

care services exclusively from health care providers who have

 

entered into prudent purchaser agreements. A person to whom such a

 

policy is offered shall also be offered a policy that:

 

     (a) Does not, as a condition of coverage, require insured

 

persons to obtain services exclusively from health care providers

 

who have entered into prudent purchaser agreements.

 

     (b) Does not give a financial advantage or other advantage to

 

an insured person who elects to obtain services from health care

 

providers who have entered into prudent purchaser agreements.

 

     (3) An insurer may offer disability insurance policies under

 

which insured persons who elect to obtain hospital, nursing,

 

medical, surgical, or sick-care services from health care providers

 

who have entered into prudent purchaser agreements shall realize a

 

financial advantage or other advantage by selecting such providers.

 

Policies offered pursuant to this subsection shall not, as a

 

condition of coverage, require insured persons to obtain such

 

services exclusively from health care providers who have entered

 

into prudent purchaser agreements. A person to whom such a policy

 

is offered shall also be offered a policy that:

 

     (a) Does not, as a condition of coverage, require insured

 

persons to obtain services exclusively from health care providers

 

who have entered into prudent purchaser agreements.

 

     (b) Does not give a financial advantage or other advantage to


 

an insured person who elects to obtain services from health care

 

providers who have entered into prudent purchaser agreements.

 

     (4) The rates charged by an insurer for coverage under

 

policies issued under this section shall not be unreasonably lower

 

than what is necessary to meet the expenses of the insurer for

 

providing this coverage and shall not have an anticompetitive

 

effect or result in predatory pricing in relation to prudent

 

purchaser agreement coverages offered by other organizations.

 

     (5) An insurer shall not discriminate against a class of

 

health care providers when entering into prudent purchaser

 

agreements with health care providers for its provider panel. This

 

subsection does not:

 

     (a) Prohibit the formation of a provider panel consisting of a

 

single class of providers when a service provided for in the

 

specifications of a purchaser may legally be provided only by a

 

single class of providers.

 

     (b) Prohibit the formation of a provider panel that conforms

 

to the specifications of a purchaser of the coverage authorized by

 

this section so long as the specifications do not exclude any class

 

of health care providers who may legally perform the services

 

included in the coverage.

 

     (c) Require an organization that has uniformly applied the

 

standards filed pursuant to section 3(3) of  Act No. 233 of the

 

Public Acts of 1984, being section 550.53 of the Michigan Compiled

 

Laws  the prudent purchaser act, 1984 PA 233, MCL 550.53, to

 

contract with any individual provider.

 

     (6) Nothing in this 1984 amendatory act applies to any


 

contract that is in existence before December 20, 1984, or the

 

renewal of such contract.

 

     (7) Notwithstanding any other provision of this act, if

 

coverage under a prudent purchaser agreement provides for benefits

 

for services that are within the scope of practice of optometry, an

 

insurer is not required to provide coverage or reimburse for a

 

practice of optometric service unless that service was included in

 

the definition of practice of optometry under section 17401 of the

 

public health code, Act No. 368 of the Public Acts of 1978 , being

 

section 333.17401 of the Michigan Compiled Laws, as of May 20,

 

1992.

 

     (8) Notwithstanding any other provision of this act, if

 

coverage under a prudent purchaser agreement provides for benefits

 

for services that are within the scope of practice of chiropractic,

 

an insurer is not required to provide coverage or reimburse for the

 

use of therapeutic sound or electricity, or both, for the reduction

 

or correction of spinal subluxations in a chiropractic service.

 

This subsection shall not take effect unless Senate Bill No. 493 of

 

the 87th Legislature is enacted into law.

 

     Sec. 3631. (1) For the purpose of doing business as an

 

organization under the prudent purchaser act,  Act No. 233 of the

 

Public Acts of 1984, being sections 550.51 to 550.63 of the

 

Michigan Compiled Laws  1984 PA 233, MCL 550.51 to 550.63, an

 

insurer authorized to write group disability insurance or family

 

expense insurance that provides coverage for hospital, nursing,

 

medical, surgical, or sick-care benefits may enter into prudent

 

purchaser agreements with providers of hospital, nursing, medical,


 

surgical, or sick-care services pursuant to this section and  Act

 

No. 233 of the Public Acts of 1984  the prudent purchaser act, 1984

 

PA 233, MCL 550.51 to 550.63.

 

     (2) An insurer may offer group disability insurance policies

 

or family expense policies under which the insured persons shall be

 

required, as a condition of coverage, to obtain hospital, nursing,

 

medical, surgical, or sick-care services exclusively from health

 

care providers who have entered into prudent purchaser agreements.

 

     (3) An individual who is a member of a group who is offered

 

the option of being under a policy pursuant to subsection (2) shall

 

also be offered the option of being insured under a policy pursuant

 

to subsection (4). This subsection applies only if the group in

 

which the individual is a member has 25 or more members or if the

 

provider panel that is providing the services under the group

 

policy is limited by the organization to a specific number pursuant

 

to section 3(1) of  Act No. 233 of the Public Acts of 1984, being

 

section 550.53 of the Michigan Compiled Laws  the prudent purchaser

 

act, 1984 PA 233, MCL 550.53.

 

     (4) An insurer may offer group disability insurance policies

 

or family expense policies under which insured persons who elect to

 

obtain hospital, nursing, medical, surgical, or sick-care services

 

from health care providers who have entered into prudent purchaser

 

agreements shall realize a financial advantage or other advantage

 

by selecting such a provider. Policies offered pursuant to this

 

subsection shall not, as a condition of coverage, require insured

 

persons to obtain such services exclusively from health care

 

providers who have entered into prudent purchaser agreements.


 

     (5) An individual who is a member of a group who is offered

 

the option of being insured under a policy pursuant to subsection

 

(2) or (4) shall also be offered the option of being insured under

 

a policy that:

 

     (a) Does not, as a condition of coverage, require insured

 

persons to obtain services exclusively from health care providers

 

who have entered into prudent purchaser agreements.

 

     (b) Does not give a financial advantage or other advantage to

 

an insured person who elects to obtain services from health care

 

providers who have entered into prudent purchaser agreements.

 

     (6) Subsection (5) applies only if the group in which the

 

individual is a member has 25 or more members and if the group on

 

December 20, 1984 had health care coverage through the group

 

sponsor.

 

     (7) The rates charged by an insurer for coverage under

 

policies issued under this section shall not be unreasonably lower

 

than what is necessary to meet the expenses of the insurer for

 

providing this coverage and shall not have an anticompetitive

 

effect or result in predatory pricing in relation to prudent

 

purchaser agreement coverages offered by other organizations.

 

     (8) An insurer shall not discriminate against a class of

 

health care providers when entering into prudent purchaser

 

agreements with health care providers for its provider panel. This

 

subsection does not:

 

     (a) Prohibit the formation of a provider panel consisting of a

 

single class of providers when a service provided for in the

 

specifications of a purchaser may legally be provided only by a


 

single class of providers.

 

     (b) Prohibit the formation of a provider panel that conforms

 

to the specifications of a purchaser of the coverage authorized by

 

this section so long as the specifications do not exclude any class

 

of health care providers who may legally perform the services

 

included in the coverage.

 

     (c) Require an organization that has uniformly applied the

 

standards filed pursuant to section 3(3) of  Act No. 233 of the

 

Public Acts of 1984, being section 550.53 of the Michigan Compiled

 

Laws  the prudent purchaser act, 1984 PA 233, MCL 550.53, to

 

contract with any individual provider.

 

     (9) Nothing in this 1984 amendatory act applies to any

 

contract that is in existence before December 20, 1984, or the

 

renewal of such contract.

 

     (10) Notwithstanding any other provision of this act, if

 

coverage under a prudent purchaser agreement provides for benefits

 

for services that are within the scope of practice of optometry, an

 

insurer is not required to provide coverage or reimburse for a

 

practice of optometric service unless that service was included in

 

the definition of practice of optometry under section 17401 of the

 

public health code, Act No. 368 of the Public Acts of 1978 , being

 

section 333.17401 of the Michigan Compiled Laws, as of May 20,

 

1992.

 

     (11) Notwithstanding any other provision of this act, if

 

coverage under a prudent purchaser agreement provides for benefits

 

for services that are within the scope of practice of chiropractic,

 

an insurer is not required to provide coverage or reimburse for the


 

use of therapeutic sound or electricity, or both, for the reduction

 

or correction of spinal subluxations in a chiropractic service.

 

This subsection shall not take effect unless Senate Bill No. 493 of

 

the 87th Legislature is enacted into law.

 

     Enacting section 1.  Section 3107b of the insurance code of

 

1956, 1956 PA 218, MCL 500.3107b, is repealed.