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General Assembly Raised Bill No. 1041
January Session, 2021
LCO No. 3375
Referred to Committee on INSURANCE AND REAL ESTATE
Introduced by:
(INS)
AN ACT CONCERNING HE ALTH CARE SHARING PL ANS AND
HEALTH CARE SHARING MINISTRIES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 38a-1 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2021): 2
Terms used in this title and sections 2 and 4 of this act, unless it 3
appears from the context to the contrary, shall have a scope and 4
meaning as set forth in this section. 5
(1) "Affiliate" or "affiliated" means a person that directly, or indirectly 6
through one or more intermediaries, controls, is controlled by or is 7
under common control with another person. 8
(2) "Alien insurer" means any insurer that has been chartered by or 9
organized or constituted within or under the laws of any jurisdiction or 10
country without the United States. 11
(3) "Annuities" means all agreements to make periodical payments 12
where the making or continuance of all or some of the series of the 13 Raised Bill No. 1041
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payments, or the amount of the payment, is dependent upon the 14
continuance of human life or is for a specified term of years. This 15
definition does not apply to payments made under a policy of life 16
insurance. 17
(4) "Commissioner" means the Insurance Commissioner. 18
(5) "Control", "controlled by" or "under common control with" means 19
the possession, direct or indirect, of the power to direct or cause the 20
direction of the management and policies of a person, whether through 21
the ownership of voting securities, by contract other than a commercial 22
contract for goods or nonmanagement services, or otherwise, unless the 23
power is the result of an official position with the person. 24
(6) "Domestic insurer" means any insurer that has been chartered by, 25
incorporated, organized or constituted within or under the laws of this 26
state. 27
(7) "Domestic surplus lines insurer" means any domestic insurer that 28
has been authorized by the commissioner to write surplus lines 29
insurance. 30
(8) "Foreign country" means any jurisdiction not in any state, district 31
or territory of the United States. 32
(9) "Foreign insurer" means any insurer that has been chartered by or 33
organized or constituted within or under the laws of another state or a 34
territory of the United States. 35
(10) "Insolvency" or "insolvent" means, for any insurer, that it is 36
unable to pay its obligations when they are due, or when its admitted 37
assets do not exceed its liabilities plus the greater of: (A) Capital and 38
surplus required by law for its organization and continued operation; 39
or (B) the total par or stated value of its authorized and issued capital 40
stock. For purposes of this subdivision "liabilities" shall include but not 41
be limited to reserves required by statute or by regulations adopted by 42
the commissioner in accordance with the provisions of chapter 54 or 43 Raised Bill No. 1041
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specific requirements imposed by the commissioner upon a subject 44
company at the time of admission or subsequent thereto. 45
(11) "Insurance" means any agreement to pay a sum of money, 46
provide services or any other thing of value on the happening of a 47
particular event or contingency or to provide indemnity for loss in 48
respect to a specified subject by specified perils in return for a 49
consideration. In any contract of insurance, an insured shall have an 50
interest which is subject to a risk of loss through destruction or 51
impairment of that interest, which risk is assumed by the insurer and 52
such assumption shall be part of a general scheme to distribute losses 53
among a large group of persons bearing similar risks in return for a 54
ratable contribution or other consideration. 55
(12) "Insurer" or "insurance company" includes any person or 56
combination of persons doing any kind or form of insurance business 57
other than a fraternal benefit society, and shall include a receiver of any 58
insurer when the context reasonably permits. 59
(13) "Insured" means a person to whom or for whose benefit an 60
insurer makes a promise in an insurance policy. The term includes 61
policyholders, subscribers, members and beneficiaries. This definition 62
applies only to the provisions of this title and does not define the 63
meaning of this word as used in insurance policies or certificates. 64
(14) "Life insurance" means insurance on human lives and insurances 65
pertaining to or connected with human life. The business of life 66
insurance includes granting endowment benefits, granting additional 67
benefits in the event of death by accident or accidental means, granting 68
additional benefits in the event of the total and permanent disability of 69
the insured, and providing optional methods of settlement of proceeds. 70
Life insurance includes burial contracts to the extent provided by 71
section 38a-464. 72
(15) "Mutual insurer" means any insurer without capital stock, the 73
managing directors or officers of which are elected by its members. 74 Raised Bill No. 1041
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(16) "Person" means an individual, a corporation, a partnership, a 75
limited liability company, an association, a joint stock company, a 76
business trust, an unincorporated organization or other legal entity. 77
(17) "Policy" means any document, including attached endorsements 78
and riders, purporting to be an enforceable contract, which 79
memorializes in writing some or all of the terms of an insurance 80
contract. 81
(18) "State" means any state, district, or territory of the United States. 82
(19) "Subsidiary" of a specified person means an affiliate controlled 83
by the person directly, or indirectly through one or more intermediaries. 84
(20) "Unauthorized insurer" or "nonadmitted insurer" means an 85
insurer that has not been granted a certificate of authority by the 86
commissioner to transact the business of insurance in this state or an 87
insurer transacting business not authorized by a valid certificate. 88
(21) "United States" means the United States of America, its territories 89
and possessions, the Commonwealth of Puerto Rico and the District of 90
Columbia. 91
Sec. 2. (NEW) (Effective October 1, 2021) (a) For the purposes of this 92
section, "health care sharing plan" means an arrangement of members 93
that encourages its members, or an affiliation or network of individuals 94
that encourages such individuals, to cover, in whole or in part, the 95
medical, health care, assisted living or prescription drug costs, or 96
wellness expenses, of other such members or individuals. 97
(b) Notwithstanding any provision of the general statutes, no person 98
shall receive a fee or anything of value in exchange for: 99
(1) Selling or soliciting a health care sharing plan for a resident of this 100
state; 101
(2) Negotiating a health care sharing plan on behalf of a resident of 102
this state; or 103 Raised Bill No. 1041
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(3) Administering a health care sharing plan that includes a resident 104
of this state. 105
(c) Any violation of this section shall be deemed an unfair method of 106
competition and unfair and deceptive act or practice in the business of 107
insurance under section 38a-816 of the general statutes, as amended by 108
this act. 109
Sec. 3. Section 38a-816 of the general statutes is repealed and the 110
following is substituted in lieu thereof (Effective October 1, 2021): 111
The following are defined as unfair methods of competition and 112
unfair and deceptive acts or practices in the business of insurance: 113
(1) Misrepresentations and false advertising of insurance policies. 114
Making, issuing or circulating, or causing to be made, issued or 115
circulated, any estimate, illustration, circular or statement, sales 116
presentation, omission or comparison which: (A) Misrepresents the 117
benefits, advantages, conditions or terms of any insurance policy; (B) 118
misrepresents the dividends or share of the surplus to be received, on 119
any insurance policy; (C) makes any false or misleading statements as 120
to the dividends or share of surplus previously paid on any insurance 121
policy; (D) is misleading or is a misrepresentation as to the financial 122
condition of any person, or as to the legal reserve system upon which 123
any life insurer operates; (E) uses any name or title of any insurance 124
policy or class of insurance policies misrepresenting the true nature 125
thereof; (F) is a misrepresentation, including, but not limited to, an 126
intentional misquote of a premium rate, for the purpose of inducing or 127
tending to induce to the purchase, lapse, forfeiture, exchange, 128
conversion or surrender of any insurance policy; (G) is a 129
misrepresentation for the purpose of effecting a pledge or assignment of 130
or effecting a loan against any insurance policy; or (H) misrepresents 131
any insurance policy as being shares of stock. 132
(2) False information and advertising generally. Making, publishing, 133
disseminating, circulating or placing before the public, or causing, 134
directly or indirectly, to be made, published, disseminated, circulated or 135 Raised Bill No. 1041
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placed before the public, in a newspaper, magazine or other publication, 136
or in the form of a notice, circular, pamphlet, letter or poster, or over any 137
radio or television station, or in any other way, an advertisement, 138
announcement or statement containing any assertion, representation or 139
statement with respect to the business of insurance or with respect to 140
any person in the conduct of his insurance business, which is untrue, 141
deceptive or misleading. 142
(3) Defamation. Making, publishing, disseminating or circulating, 143
directly or indirectly, or aiding, abetting or encouraging the making, 144
publishing, disseminating or circulating of, any oral or written 145
statement or any pamphlet, circular, article or literature which is false 146
or maliciously critical of or derogatory to the financial condition of an 147
insurer, and which is calculated to injure any person engaged in the 148
business of insurance. 149
(4) Boycott, coercion and intimidation. Entering into any agreement 150
to commit, or by any concerted action committing, any act of boycott, 151
coercion or intimidation resulting in or tending to result in unreasonable 152
restraint of, or monopoly in, the business of insurance. 153
(5) False financial statements. Filing with any supervisory or other 154
public official, or making, publishing, disseminating, circulating or 155
delivering to any person, or placing before the public, or causing, 156
directly or indirectly, to be made, published, disseminated, circulated or 157
delivered to any person, or placed before the public, any false statement 158
of financial condition of an insurer with intent to deceive; or making any 159
false entry in any book, report or statement of any insurer with intent to 160
deceive any agent or examiner lawfully appointed to examine into its 161
condition or into any of its affairs, or any public official to whom such 162
insurer is required by law to report, or who has authority by law to 163
examine into its condition or into any of its affairs, or, with like intent, 164
wilfully omitting to make a true entry of any material fact pertaining to 165
the business of such insurer in any book, report or statement of such 166
insurer. 167 Raised Bill No. 1041
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(6) Unfair claim settlement practices. Committing or performing with 168
such frequency as to indicate a general business practice any of the 169
following: (A) Misrepresenting pertinent facts or insurance policy 170
provisions relating to coverages at issue; (B) failing to acknowledge and 171
act with reasonable promptness upon communications with respect to 172
claims arising under insurance policies; (C) failing to adopt and 173
implement reasonable standards for the prompt investigation of claims 174
arising under insurance policies; (D) refusing to pay claims without 175
conducting a reasonable investigation based upon all available 176
information; (E) failing to affirm or deny coverage of claims within a 177
reasonable time after proof of loss statements have been completed; (F) 178
not attempting in good faith to effectuate prompt, fair and equitable 179
settlements of claims in which liability has become reasonably clear; (G) 180
compelling insureds to institute litigation to recover amounts due under 181
an insurance policy by offering substantially less than the amounts 182
ultimately recovered in actions brought by such insureds; (H) 183
attempting to settle a claim for less than the amount to which a 184
reasonable man would have believed he was entitled by reference to 185
written or printed advertising material accompanying or made part of 186
an application; (I) attempting to settle claims on the basis of an 187
application which was altered without notice to, or knowledge or 188
consent of the insured; (J) making claims payments to insureds or 189
beneficiaries not accompanied by statements setting forth the coverage 190
under which the payments are being made; (K) making known to 191
insureds or claimants a policy of appealing from arbitration awards in 192
favor of insureds or claimants for the purpose of compelling them to 193
accept settlements or compromises less than the amount awarded in 194
arbitration; (L) delaying the investigation or payment of claims by 195
requiring an insured, claimant, or the physician of either to submit a 196
preliminary claim report and then requiring the subsequent submission 197
of formal proof of loss forms, both of which submissions contain 198
substantially the same information; (M) failing to promptly settle claims, 199
where liability has become reasonably clear, under one portion of the 200
insurance policy coverage in order to influence settlements under other 201
portions of the insurance policy coverage; (N) failing to promptly 202 Raised Bill No. 1041
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provide a reasonable explanation of the basis in the insurance policy in 203
relation to the facts or applicable law for denial of a claim or for the offer 204
of a compromise settlement; (O) using as a basis for cash settlement with 205
a first party automobile insurance claimant an amount which is less than 206
the amount which the insurer would pay if repairs were made unless 207
such amount is agreed to by the insured or provided for by the 208
insurance policy. 209
(7) Failure to maintain complaint handling procedures. Failure of any 210
person to maintain complete record of all the complaints which it has 211
received since the date of its last examination. This record shall indicate 212
the total number of complaints, their classification by line of insurance, 213
the nature of each complaint, the disposition of these complaints, and 214
the time it took to process each complaint. For purposes of this 215
[subsection] subdivision, "complaint" means any written 216
communication primarily expressing a grievance. 217
(8) Misrepresentation in insurance applications. Making false or 218
fraudulent statements or representations on or relative to an application 219
for an insurance policy for the purpose of obtaining a fee, commission, 220
money or other benefit from any insurer, producer or individual. 221
(9) Any violation of any one of sections 38a-358, 38a-446, 38a-447, 38a-222
488, 38a-825, 38a-826, 38a-828 and 38a-829. None of the following 223
practices shall be considered discrimination within the meaning of 224
section 38a-446 or 38a-488 or a rebate within the meaning of section 38a-225
825: (A) Paying bonuses to policyholders or otherwise abating their 226
premiums in whole or in part out of surplus accumulated from 227
nonparticipating insurance, provided any such bonuses or abatement of 228
premiums shall be fair and equitable to policyholders and for the best 229
interests of the company and its policyholders; (B) in the case of policies 230
issued on the industrial debit plan, making allowance to policyholders 231
who have continuously for a specified period made premium payments 232
directly to an office of the insurer in an amount which fairly represents 233
the saving in collection expense; (C) readjustment of the rate of premium 234
for a group insurance policy based on loss or expense experience, or 235 Raised Bill No. 1041
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both, at the end of the first or any subsequent policy year, which may be 236
made retroactive for such policy year. 237
(10) Notwithstanding any provision of any policy of insurance, 238
certificate or service contract, whenever such insurance policy or 239
certificate or service contract provides for reimbursement for any 240
services which may be legally performed by any practitioner of the 241
healing arts licensed to practice in this state, reimbursement under such 242
insurance policy, certificate or service contract shall not be denied 243
because of race, color or creed nor shall any insurer make or permit any 244
unfair discrimination against particular individuals or persons so 245
licensed. 246
(11) Favored agent or insurer: Coercion of debtors. (A) No person 247
may (i) require, as a condition precedent to the lending of money or 248
extension of credit, or any renewal thereof, that the person to whom 249
such money or credit is extended or whose obligation the creditor is to 250
acquire or finance, negotiate any policy or contract of insurance through 251
a particular insurer or group of insurers or producer or group of 252
producers; (ii) unreasonably disapprove the insurance policy provided 253
by a borrower for the protection of the property securing the credit or 254
lien; (iii) require directly or indirectly that any borrower, mortgagor, 255
purchaser, insurer or producer pay a separate charge, in connection 256
with the handling of any insurance policy required as security for a loan 257
on real estate or pay a separate charge to substitute the insurance policy 258
of one insurer for that of another; or (iv) use or disclose information 259
resulting from a requirement that a borrower, mortgagor or purchaser 260
furnish insurance of any kind on real property being conveyed or used 261
as collateral security to a loan, when such information is to the 262
advantage of the mortgagee, vendor or lender, or is to the detriment of 263
the borrower, mortgagor, purchaser, insurer or the producer complying 264
with such a requirement. 265
(B) (i) Subparagraph (A)(iii) of this subdivision shall not include the 266
interest which may be charged on premium loans or premium 267
advancements in accordance with the security instrument. (ii) For 268 Raised Bill No. 1041
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purposes of subparagraph (A)(ii) of this subdivision, such disapproval 269
shall be deemed unreasonable if it is not based solely on reasonable 270
standards uniformly applied, relating to the extent of coverage required 271
and the financial soundness and the services of an insurer. Such 272
standards shall not discriminate against any particular type of insurer, 273
nor shall such standards call for the disapproval of an insurance policy 274
because such policy contains coverage in addition to that required. (iii) 275
The commissioner may investigate the affairs of any person to whom 276
this subdivision applies to determine whether such person has violated 277
this subdivision. If a violation of this subdivision is found, the person in 278
violation shall be subject to the same procedures and penalties as are 279
applicable to other provisions of section 38a-815, subsections (b) and (e) 280
of section 38a-817 and this section. (iv) For purposes of this section, 281
"person" includes any individual, corporation, limited liability 282
company, association, partnership or other legal entity. 283
(12) Refusing to insure, refusing to continue to insure or limiting the 284
amount, extent or kind of coverage available to an individual or 285
charging an individual a different rate for the same coverage because of 286
physical disability, mental or nervous condition as set forth in section 287
38a-488a or intellectual disability, except where the refusal, limitation or 288
rate differential is based on sound actuarial principles or is related to 289
actual or reasonably anticipated experience. 290
(13) Refusing to insure, refusing to continue to insure or limiting the 291
amount, extent or kind of coverage available to an individual or 292
charging an individual a different rate for the same coverage solely 293
because of blindness or partial blindness. For purposes of this 294
subdivision, "refusal to insure" includes the denial by an insurer of 295
disability insurance coverage on the grounds that the policy defines 296
"disability" as being presumed in the event that the insured is blind or 297
partially blind, except that an insurer may exclude from coverage any 298
disability, consisting solely of blindness or partial blindness, when such 299
condition existed at the time the policy was issued. Any individual who 300
is blind or partially blind shall be subject to the same standards of sound 301
actuarial principles or actual or reasonably anticipated experience as are 302 Raised Bill No. 1041
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sighted persons with respect to all other conditions, including the 303
underlying cause of the blindness or partial blindness. 304
(14) Refusing to insure, refusing to continue to insure or limiting the 305
amount, extent or kind of coverage available to an individual or 306
charging an individual a different rate for the same coverage because of 307
exposure to diethylstilbestrol through the female parent. 308
(15) (A) Failure by an insurer, or any other entity responsible for 309
providing payment to a health care provider pursuant to an insurance 310
policy, to pay accident and health claims, including, but not limited to, 311
claims for payment or reimbursement to health care providers, within 312
the time periods set forth in subparagraph (B) of this subdivision, unless 313
the Insurance Commissioner determines that a legitimate dispute exists 314
as to coverage, liability or damages or that the claimant has fraudulently 315
caused or contributed to the loss. Any insurer, or any other entity 316
responsible for providing payment to a health care provider pursuant 317
to an insurance policy, who fails to pay such a claim or request within 318
the time periods set forth in subparagraph (B) of this subdivision shall 319
pay the claimant or health care provider the amount of such claim plus 320
interest at the rate of fifteen per cent per annum, in addition to any other 321
penalties which may be imposed pursuant to sections 38a-11, 38a-25, 322
38a-41 to 38a-53, inclusive, 38a-57 to 38a-60, inclusive, 38a-62 to 38a-64, 323
inclusive, 38a-76, 38a-83, 38a-84, 38a-117 to 38a-124, inclusive, 38a-129 324
to 38a-140, inclusive, 38a-146 to 38a-155, inclusive, 38a-283, 38a-288 to 325
38a-290, inclusive, 38a-319, 38a-320, 38a-459, 38a-464, 38a-815 to 38a-819, 326
inclusive, 38a-824 to 38a-826, inclusive, and 38a-828 to 38a-830, 327
inclusive. Whenever the interest due a claimant or health care provider 328
pursuant to this section is less than one dollar, the insurer shall deposit 329
such amount in a separate interest-bearing account in which all such 330
amounts shall be deposited. At the end of each calendar year each such 331
insurer shall donate such amount to The University of Connecticut 332
Health Center. 333
(B) Each insurer or other entity responsible for providing payment to 334
a health care provider pursuant to an insurance policy subject to this 335 Raised Bill No. 1041
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section, shall pay claims not later than: 336
(i) For claims filed in paper format, sixty days after receipt by the 337
insurer of the claimant's proof of loss form or the health care provider's 338
request for payment filed in accordance with the insurer's practices or 339
procedures, except that when there is a deficiency in the information 340
needed for processing a claim, as determined in accordance with section 341
38a-477, the insurer shall (I) send written notice to the claimant or health 342
care provider, as the case may be, of all alleged deficiencies in 343
information needed for processing a claim not later than thirty days 344
after the insurer receives a claim for payment or reimbursement under 345
the contract, and (II) pay claims for payment or reimbursement under 346
the contract not later than thirty days after the insurer receives the 347
information requested; and 348
(ii) For claims filed in electronic format, twenty days after receipt by 349
the insurer of the claimant's proof of loss form or the health care 350
provider's request for payment filed in accordance with the insurer's 351
practices or procedures, except that when there is a deficiency in the 352
information needed for processing a claim, as determined in accordance 353
with section 38a-477, the insurer shall (I) notify the claimant or health 354
care provider, as the case may be, of all alleged deficiencies in 355
information needed for processing a claim not later than ten days after 356
the insurer receives a claim for payment or reimbursement under the 357
contract, and (II) pay claims for payment or reimbursement under the 358
contract not later than ten days after the insurer receives the information 359
requested. 360
(C) As used in this subdivision, "health care provider" means a person 361
licensed to provide health care services under chapter 368d, chapter 362
368v, chapters 370 to 373, inclusive, 375 to 383c, inclusive, 384a to 384c, 363
inclusive, or chapter 400j. 364
(16) Failure to pay, as part of any claim for a damaged motor vehicle 365
under any automobile insurance policy where the vehicle has been 366
declared to be a constructive total loss, an amount equal to the sum of 367 Raised Bill No. 1041
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(A) the settlement amount on such vehicle plus, whenever the insurer 368
takes title to such vehicle, (B) an amount determined by multiplying 369
such settlement amount by a percentage equivalent to the current sales 370
tax rate established in section 12-408. For purposes of this subdivision, 371
"constructive total loss" means the cost to repair or salvage damaged 372
property, or the cost to both repair and salvage such property, equals or 373
exceeds the total value of the property at the time of the loss. 374
(17) Any violation of section 42-260, by an extended warranty 375
provider subject to the provisions of said section, including, but not 376
limited to: (A) Failure to include all statements required in subsections 377
(c) and (f) of section 42-260 in an issued extended warranty; (B) offering 378
an extended warranty without being (i) insured under an adequate 379
extended warranty reimbursement insurance policy or (ii) able to 380
demonstrate that reserves for claims contained in the provider's 381
financial statements are not in excess of one-half the provider's audited 382
net worth; (C) failure to submit a copy of an issued extended warranty 383
form or a copy of such provider's extended warranty reimbursement 384
policy form to the Insurance Commissioner. 385
(18) With respect to an insurance company, hospital service 386
corporation, health care center or fraternal benefit society providing 387
individual or group health insurance coverage of the types specified in 388
subdivisions (1), (2), (4), (6), (10), (11) and (12) of section 38a-469, 389
refusing to insure, refusing to continue to insure or limiting the amount, 390
extent or kind of coverage available to an individual or charging an 391
individual a different rate for the same coverage because such 392
individual has been a victim of family violence. 393
(19) With respect to an insurance company, hospital service 394
corporation, health care center or fraternal benefit society providing 395
individual or group health insurance coverage of the types specified in 396
subdivisions (1), (2), (3), (4), (6), (9), (10), (11) and (12) of section 38a-469, 397
refusing to insure, refusing to continue to insure or limiting the amount, 398
extent or kind of coverage available to an individual or charging an 399
individual a different rate for the same coverage because of genetic 400 Raised Bill No. 1041
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information. Genetic information indicating a predisposition to a 401
disease or condition shall not be deemed a preexisting condition in the 402
absence of a diagnosis of such disease or condition that is based on other 403
medical information. An insurance company, hospital service 404
corporation, health care center or fraternal benefit society providing 405
individual health coverage of the types specified in subdivisions (1), (2), 406
(3), (4), (6), (9), (10), (11) and (12) of section 38a-469, shall not be 407
prohibited from refusing to insure or applying a preexisting condition 408
limitation, to the extent permitted by law, to an individual who has been 409
diagnosed with a disease or condition based on medical information 410
other than genetic information and has exhibited symptoms of such 411
disease or condition. For the purposes of this [subsection] subdivision, 412
"genetic information" means the information about genes, gene 413
products or inherited characteristics that may derive from an individual 414
or family member. 415
(20) Any violation of sections 38a-465 to 38a-465q, inclusive. 416
(21) With respect to a managed care organization, as defined in 417
section 38a-478, failing to establish a confidentiality procedure for 418
medical record information, as required by section 38a-999. 419
(22) Any violation of sections 38a-591d to 38a-591f, inclusive. 420
(23) Any violation of section 38a-472j. 421
(24) Any violation of section 2 of this act. 422
Sec. 4. (NEW) (Effective October 1, 2021) (a) For the purposes of this 423
section: 424
(1) "Health care sharing ministry" means any person that (A) is not a 425
health carrier, (B) uses the phrase health care sharing ministry, health 426
sharing ministry or any similar phrase to refer to itself, and (C) holds 427
itself out as offering a means of, or alternative to, maintaining minimum 428
essential coverage; 429
(2) "Health care sharing plan" has the same meaning as provided in 430 Raised Bill No. 1041
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section 2 of this act; 431
(3) "Health carrier" has the same meaning as provided in section 38a-432
1080 of the general statutes; and 433
(4) "Minimum essential coverage" has the same meaning as provided 434
in Section 5000A of the Internal Revenue Code of 1986. 435
(b) Notwithstanding any provision of the general statutes, no person 436
licensed by the department shall conduct any business with, or conduct 437
any act requiring a license issued by the department on behalf of, a 438
health care sharing ministry or health care sharing plan. The provisions 439
of this subsection shall remain effective regardless of whether the 440
requirement that an individual maintain minimum essential coverage, 441
or any provision of the Patient Protection and Affordable Care Act, P.L. 442
111-148, is repealed or rendered ineffective by operation of law. 443
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2021 38a-1
Sec. 2 October 1, 2021 New section
Sec. 3 October 1, 2021 38a-816
Sec. 4 October 1, 2021 New section
Statement of Purpose:
To provide that: (1) No person shall receive a fee or anything of value in
exchange for (A) selling or soliciting a health care sharing plan for a
resident of this state, (B) negotiating a health care sharing plan on behalf
of a resident of this state, or (C) administering a health care sharing plan
that includes a resident of this state; (2) certain prohibited transactions
with, or on behalf of, health care sharing plans violate the Connecticut
Unfair Insurance Practices Act; and (3) no person licensed by the
Insurance Department shall conduct any business with, or conduct any
act requiring a license issued by the department on behalf of, a health
care sharing ministry or health care sharing plan.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]