Section 3.28.430. Policy definitions and terms.

	(a)  A medicare supplement policy or certificate using the following terms or their equivalent must contain terms and definitions as follows:  
		(1) "accident," "accidental injury," or "accidental means" must use "result" language and may not include words that establish an accidental-means test or use words characterizing the accident or injury as "external, violent, or visible wounds" or similar words of description or characterization; the definition may not be more restrictive than "injury or injuries for which benefits are provided means accidental bodily injury sustained by the insured person that is the direct result of an accident, independent of disease, bodily infirmity, or other cause, and occurs while insurance coverage is in force"; the definition may provide that injuries must not include injuries for which benefits are provided or available under a workers' compensation, employer's liability, or similar law or a motor vehicle no-fault plan, unless prohibited by law;  
		(2) "benefit period" or "medicare benefit period" may not be more restrictively defined than in the medicare program;  
		(3) "convalescent nursing home," "extended care facility," or "skilled nursing facility" may not be more restrictively defined than in the medicare program;  
		(4) repealed 7/1/92;  
		(5) "hospital" may be defined in relation to its status, facilities, and available services or to reflect its accreditation by the Joint Commission on Accreditation of Hospitals, but not more restrictively than as defined in the medicare program;  
		(6) repealed 7/1/92;  
		(7) "medicare" means Title I, Part I of Public Law 89-97, as enacted by the Eighty-Ninth Congress of the United States of America, including subsequent amendments, (popularly known as the Health Insurance for the Aged Act) and each policy or certificate must include this or a substantively equivalent definition;  
		(8) "injury or injuries for which benefits are provided" means accidental bodily injury sustained by the insured person that is the direct result of an accident, independent of disease or bodily infirmity or any other cause, and occurs while the insurance coverage is in force; however, injuries for which benefits are provided under any workers compensation, employer's liability or similar law may be excluded;  
		(9) "medicare eligible expenses" must include expenses of the kind covered by medicare Parts A and B, to the extent recognized as reasonable and medically necessary by medicare;  
		(10) repealed 7/1/92;  
		(11) repealed 7/1/92;  
		(12) if the terms "qualified physician" or "licensed physician" are used, the insurer must accept, to the extent of its obligation under the policy, all services provided that are within the scope of the provider's licensed authority, and the terms must not be defined more restrictively than as defined in the medicare program;  
		(13) "sickness" must be defined to include any disease or illness of a covered person which first manifests itself after the effective date of coverage and while the coverage is in force, but may exclude disease or illness for which benefits are provided under any workers compensation, occupational disease, employer's liability, or similar law;  
		(14) "health care expenses" must mean, for purposes of 3 AAC 28.468, expenses of a health maintenance organization associated with the delivery of health care services that are analogous to incurred losses of insurers.  
	(b)  Repealed 7/1/92.  

Authorities

21.06.090;21.42.130;21.96.060;01.05.031;21.89.060;44.62.125

Notes

Reference

3 AAC 28.455

Authority

AS 21.06.090 AS 21.42.130 AS 21.96.060 Editor's note: In 2010 the revisor of statutes, acting under AS 01.05.031, renumbered former AS 21.89.060 as AS 21.96.060. As of Register 196 (January 2011), the regulations attorney made a conforming technical revision under AS 44.62.125(b)(6), to the authority citation that follows 3 AAC 28.430, so that the citation to former AS 21.89.060 now refers to the renumbered statute, AS 21.96.060.

History

Eff. 3/26/82, Register 81; am 8/8/90, Register 115; am 7/1/92, Register 122; am 6/4/93, Register 126; am 9/4/2005, Register 175

References

3.28.430