Section 3103 - Definitions in medicare supplement policiesAs used in any medicare supplement policy issued under this act:
(1)"Accident," "accidental injury," "accidental means" shall be defined to employ "result" language and shall not include words which establish an accidental means test or use words such as "external, violent, visible wounds" or similar words of description or characterization. The definition shall not be more restrictive than the following: injury or injuries, for which benefits are provided, means accidental bodily injury sustained by the insured person which is the direct result of an accident, independent of disease or bodily infirmity or any other cause and occurrence while the insurance is in force. Such definition may provide that injuries shall not include injuries for which benefits are provided under any workers' compensation, employer's liability or similar law, motor vehicle no-fault plan, unless prohibited by law, or injuries occurring while the insured person is engaged in any activity pertaining to any trade, business, employment or occupation for wage or profit.(2)"Convalescent nursing home," "extended care facility" or "skilled nursing facility" shall be defined in relation to its status, facilities and available services; and:(i) a definition of such home or facility shall not be more restrictive than one requiring that it: (A) be operated pursuant to law;(B) be primarily engaged in providing, in addition to room and board accommodations, skilled nursing care under the supervision of a duly licensed physician;(C) provide continuous 24-hour a day nursing service by or under the supervision of a registered graduate professional nurse; and(D) maintain a daily medical record of each patient.(ii) the definition of such home or facility may provide that such term shall not include: (A) any home, facility or part thereof used primarily for rest;(B) a home or facility for the aged or for the care of drug addicts or alcoholics; or(C) a home or facility primarily used for the care and treatment of mental diseases or disorders or custodial or educational care.(3)"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 or the American Osteopathic Association: Provided, That: (i) the definition of the term "hospital" shall not be more restrictive than one requiring that the hospital: (A) be an institution operated pursuant to law;(B) be primarily and continuously engaged in providing the medical care and treatment of sick or injured persons on an inpatient basis for which a charge is made; and(C) provide 24-hour nursing service by or under the supervision of registered graduate professional nurses.(ii) the definition of the term "hospital" may state that such term shall not include: (A) convalescent homes, convalescent, rest or nursing facilities;(B) facilities primarily affording custodial, educational care;(C) facilities for the aged, drug addicts or alcoholics; or(D) any military or veterans hospital or soldiers home or any hospital contracted for or operated by any national government or agency thereof for the treatment of members or ex-members of the armed forces, except for services rendered on an emergency basis where a legal liability exists for charges made to the individual for such services.(4)"Mental or nervous disorders" shall not be defined more restrictively than a definition including neurosis, psychoneurosis, psychopathy, psychosis or mental or emotional disease or disorder of any kind.(5)"Nurses" may be defined so that the description of nurse is restricted to a type of nurse, such as a registered graduate professional nurse, a licensed practical nurse or a licensed vocational nurse. If the words "nurse," "trained nurse" or "registered nurse" are used without specific instruction, then the use of such terms requires the insurer to recognize the services of any individual who qualified under such terminology in accordance with the applicable statutes or administrative rules of the licensing or registry board of the Commonwealth.(6)"Physician" may be defined by including words such as "duly qualified physician" or "duly licensed physician." The use of such terms requires an insurer to recognize and to accept, to the extent of its obligation under the contract, all providers of medical care and treatment when such services are within the scope of the provider's licensed authority and are provided pursuant to applicable laws.(7)"Sickness" shall not be defined to be more restrictive than the following: sickness means sickness or disease of an insured person which is diagnosed or treated after the effective date of insurance and while the insurance is in force. The definition may be further modified to exclude sickness or disease for which benefits are provided under any workers' compensation, occupational disease, employer's liability or similar law.1982, Dec. 15, P.L. 1291, No. 292, § 3, effective 7/1/1983.