La. Admin. Code tit. 37 § XIII-16905

Current through Register Vol. 50, No. 6, June 20, 2024
Section XIII-16905 - Definitions

Group Health Plan-an employee welfare benefit plan as defined in Section 3(1) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(1) ) to the extent that the plan provides medical care as defined in this regulation and including items and services paid for as medical care for employees or their dependents, as defined under the terms of the plan, directly or through insurance, reimbursement, or otherwise, or only to a multiple employer welfare arrangement that is a self-insurer and does not include those multiple employer welfare arrangements that meet the definition in 29 U.S.C. 1002(40).

Medical Care-amounts paid for the diagnosis, cure, mitigation, treatment, or prevention of disease, or amounts paid for the purpose of affecting any stricture or function of the body; transportation primarily for and essential to such medical care; and amounts paid for insurance covering such medical care, as defined in R.S. 22:1061(l)(b).

Paid Contract Basis-allows claims incurred under a "group health plan" during the contract period of a stop-loss or excess policy to be paid during the policy's twelve-month contract period.

Run-in Contract Basis-allows for reimbursement of claims incurred under a group health plan during a stated period prior to the effective date of the twelve-month contract period of a stop-loss or excess policy and paid during the twelve-month contract period.

Run-Out Contract Basis-allows for reimbursement of claims incurred under a group health plan during the stated twelve-month contract period and paid within a stated period extending at least 90 days after expiration of the twelvemonth contract period.

Self-Insurance Plan-any contract, plan, trust, arrangement, or other agreement which is established or maintained to offer or provide health care services, indemnification, or payment for health care services, or health and accident benefits to employees of two or more employers, but which is not fully insured. Any such contract, plan, trust, arrangement, or agreement shall be deemed fully insured only if said services, indemnification, payment, or benefits are guaranteed under a contract or policy of health insurance issued by an insurer authorized to transact business in this state. The term self-insurance plan shall not include any arrangement or trust formed under Subpart J of Part I of Chapter 10 of Title 23 of the Louisiana Revised Statutes of 1950 (R.S. 23:1191 et seq.), single employer plans, plans exempt from the state insurance laws under the provisions of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1001 et seq.), except as provided in R.S. 22:463, the Office of Group Benefits, plans of political subdivisions, health maintenance organizations regulated under the Health Management Organization Act, R.S. 22:241 et seq., plans regulated under R.S. 33:1342, 1343, 1346, or 1349, and plans otherwise regulated as insured plans under this Title. A plan of a fraternal benefit society or a labor organization shall not be considered a self-insurance plan for the purposes of this Subpart to the extent that such plan provides health and accident benefits to its members and any of their dependents that are supplemental to those of an employer-provided plan.

Self-Insured Multiple Employer Welfare Arrangement-a multiple employer welfare arrangement as defined in 29 U.S.C. § 1002(40).

Self-Insurer-any entity that makes, provides, or issues a self-insurance plan and is licensed by the LDI.

Stop-Loss or Excess Policy/Policies-insurance covering the losses of an insured above a specific amount or a self-insurer for losses over a stated amount.

Terminal Liability-group health plan that provides an extra ninety days of protection upon termination of the Runout contract period.

La. Admin. Code tit. 37, § XIII-16905

Promulgated by the Department of Insurance, Office of the Commissioner, LR 46698 (5/1/2020).
AUTHORITY NOTE: Promulgated by the Department of Insurance, Office of the Commissioner, in accordance with R.S. 22:2 and 22:883.