MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Insurance
By: Senator(s) Clarke
AN ACT TO AMEND SECTION 83-64-1, MISSISSIPPI CODE OF 1972, TO EXTEND THE REPEALER ON THE REQUIREMENTS FOR HEALTH DISCOUNT PLANS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 83-64-1, Mississippi Code of 1972, is amended as follows:
83-64-1. (1) "Health discount plan" means a card, program, device, arrangement, contract or mechanism that purports to offer discounts or access to discounts on health care services or supplies that is not insurance or that does not provide coverage for services or benefits regulated under Section 83-9-1 et seq.
(2) A person may not sell, market, promote, advertise or otherwise distribute a health discount plan unless:
(a) Each advertisement, policy, document, information, statement or other communication regarding the health discount plan and the plan itself contain a statement, in bold and prominent type, that the health discount plan is not insurance;
(b) The discounts offered under the health discount plan are specifically authorized by a contract with each provider of the services or supplies listed in conjunction with the plan;
(c) The health discount plan states the name, address and telephone number of the administrator of the plan;
(d) The person makes readily available to the consumer a complete, accurate and up-to-date list of providers participating in the plan that offers discounted health care services or supplies in the consumer's local area and the discounts offered by the providers;
(e) The person provides the consumer the right to cancel the health discount plan within thirty (30) days after purchase of the plan; and
(f) The person provides the consumer with a full refund of all payments made, except for a nominal processing fee, within thirty (30) days after notification of cancellation of the plan under paragraph (e) of this subsection.
(3) The Commissioner of Insurance may adopt regulations to implement this section and to establish additional requirements intended to prohibit unfair or deceptive practices relating to health discount plans.
(4) Rebates and discounts for health discount plans shall not apply to manufacturers of pharmaceuticals or supplies. This section shall not apply to the Division of Medicaid and shall not apply to pharmaceutical manufacturer discount cards.
(5) This section shall stand repealed on July 1, 2014.
SECTION 2. This act shall take effect and be in force from and after July 1, 2010.