1998 Regular Session
By: Senator(s) Harvey, Thames
Senate Bill 2716
AN ACT TO AMEND SECTION 25-15-13, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT PERSONS WHO WERE PARTICIPANTS IN THE STATE EMPLOYEES HEALTH INSURANCE PLAN WHO WERE TERMINATED AS A RESULT OF RECEIVING INCORRECTLY CALCULATED RETIREMENT BENEFITS THAT WERE INSUFFICIENT TO PAY THE HEALTH INSURANCE PREMIUM OR AS A RESULT OF INABILITY TO PAY THE DIFFERENCE BETWEEN THE RETIREMENT BENEFIT AND THE PREMIUM, SHALL BE REINSTATED IF THE CORRECTLY CALCULATED BENEFITS AT THE TIME OF TERMINATION WOULD HAVE BEEN SUFFICIENT TO PAY SUCH PREMIUM; TO PROVIDE THAT UPON REINSTATEMENT, COVERAGE SHALL INCLUDE COVERAGE FOR ANY MEDICAL CONDITION EXISTING AT THE TIME OF TERMINATION AND SHALL COVER ANY EXPENSES FOR SUCH CONDITION THAT WERE INCURRED FROM THE DATE OF TERMINATION TO THE DATE OF REINSTATEMENT THAT WERE NOT PAID BY OTHER INSURANCE BECAUSE OF A PREEXISTING CONDITION EXCLUSION; TO PROVIDE THAT ANY PERSON REINSTATED PURSUANT TO THIS ACT SHALL NOT BE REQUIRED TO PAY A PREMIUM FOR THE PERIOD BETWEEN TERMINATION AND REINSTATEMENT TO RECEIVE COVERAGE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 25-15-13, Mississippi Code of 1972, is amended as follows:
25-15-13. (1) Each eligible employee may participate in this insurance program by signing up for the plan at the time of employment. After acceptance in the plan, the employee may cease his or her participation by filing a specific disclaimer with the board. Forms for this purpose shall be prescribed and issued by the board. All eligible employees will be eligible to participate in this plan on the effective date of the plan or on the date on which they are employed by the state, if later, provided they make the necessary contributions as set out hereunder. Spouses of employees, unmarried dependent children from birth to age nineteen (19), unmarried dependent children who are full-time students up to age twenty-three (23), and physically or mentally handicapped children, regardless of age, are eligible under this plan as of the date the employee becomes eligible.
(2) Any person who was a participant in this insurance program and was terminated from participation in such program as a result of receiving a retirement benefit insufficient to pay the insurance premium or as a result of inability to pay the difference between the retirement benefit and the premium, shall be reinstated as a full participant if at the time of such termination the retirement benefit of such person would have been sufficient to pay the premium if such benefit had been correctly calculated. Upon reinstatement, coverage under the program shall include coverage for any medical condition existing at the time the coverage was terminated and shall cover any expenses for such existing medical condition incurred from the date of termination to the date of reinstatement which were not paid by other insurance because of a preexisting condition exclusion, and which were not paid by any governmental medical assistance program. Such person shall not be required to pay a premium for the period between termination and reinstatement to receive coverage. This provision shall apply to persons whose benefits were terminated prior to the effective date of this act as well as those whose benefits were terminated on or after the effective date of this act.
SECTION 2. This act shall take effect and be in force from and after passage.