§ 27-20-1. Definitions.
As used in this chapter:
(1) “Adverse benefit determination” means any of the following: a denial, reduction, or termination of, or a failure to provide or make payment (in whole or in part) for, a benefit, including any such denial, reduction, termination, or failure to provide or make payment that is based on a determination of a an individual’s eligibility to participate in a plan or to receive coverage under a plan, and including, with respect to group health plans, a denial, reduction, or termination of, or a failure to provide or make payment (in whole or in part) for, a benefit resulting from the application of any utilization review, as well as a failure to cover an item or service for which benefits are otherwise provided because it is determined to be experimental or investigational or not medically necessary or appropriate. The term also includes a rescission of coverage determination.
(2) “Affordable Care Act” means the federal Patient Protection and Affordable Care Act of 2010, as amended by the federal Health Care and Education Reconciliation Act of 2010, and federal regulations adopted thereunder;
(3) “Certified registered nurse practitioners” is an expanded role utilizing independent knowledge of physical assessment and management of health care and illnesses. The practice includes collaboration with other licensed healthcare professionals including, but not limited to, physicians, pharmacists, podiatrists, dentists, and nurses;
(4) “Commissioner” or “health insurance commissioner” means that individual appointed pursuant to § 42-14.5-1.
(5) “Counselor in mental health” means a person who has been licensed pursuant to § 5-63.2-9.
(6) “Essential health benefits” shall have the meaning set forth in section 1302(b) of the federal Affordable Care Act [42 U.S.C. § 18022(b)].
(7) “Grandfathered health plan” means any group health plan or health insurance coverage subject to 42 U.S.C. § 18011.
(8) “Group health insurance coverage” means, in connection with a group health plan, health insurance coverage offered in connection with such plan.
(9) “Group health plan” means an employee welfare benefit plan as defined in 29 U.S.C. § 1002(1) to the extent that the plan provides health benefits to employees or their dependents directly or through insurance, reimbursement, or otherwise.
(10) “Health benefits” or “covered benefits” means coverage or benefits for the diagnosis, cure, mitigation, treatment, or prevention of disease, or amounts paid for the purpose of affecting any structure or function of the body including coverage or benefits for transportation primarily for and essential thereto, and including medical services as defined in § 27-19-17;
(11) “Healthcare facility” means an institution providing healthcare services or a healthcare setting, including but not limited to hospitals and other licensed inpatient centers, ambulatory surgical or treatment centers, skilled nursing centers, residential treatment centers, diagnostic, laboratory and imaging centers, and rehabilitation and other therapeutic health settings.
(12) “Healthcare professional” means a physician or other healthcare practitioner licensed, accredited or certified to perform specified healthcare services consistent with state law.
(13) “Healthcare provider” or “provider” means a healthcare professional or a healthcare facility.
(14) “Healthcare services” means services for the diagnosis, prevention, treatment, cure or relief of a health condition, illness, injury or disease.
(15) “Health insurance carrier” means a person, firm, corporation or other entity subject to the jurisdiction of the commissioner under this chapter, and includes a nonprofit medical service corporation. Such term does not include a group health plan.
(16) “Health plan” or “health benefit plan” means health insurance coverage and a group health plan, including coverage provided through an association plan if it covers Rhode Island residents. Except to the extent specifically provided by the federal Affordable Care Act, the term “health plan” shall not include a group health plan to the extent state regulation of the health plan is preempted under section 514 of the federal Employee Retirement Income Security Act of 1974 [29 U.S.C. § 1144]. The term also shall not include:
(A)(i) Coverage only for accident, or disability income insurance, or any combination thereof.
(ii) Coverage issued as a supplement to liability insurance.
(iii) Liability insurance, including general liability insurance and automobile liability insurance.
(iv) Workers’ compensation or similar insurance.
(v) Automobile medical payment insurance.
(vi) Credit-only insurance.
(vii) Coverage for on-site medical clinics.
(viii) Other similar insurance coverage,
specified in federal regulations issued pursuant to Federal Pub. L. No. 104-191, the federal health insurance portability and accountability act of 1996 (“HIPAA”), under which benefits for medical care are secondary or incidental to other insurance benefits.
(B) The following benefits if they are provided under a separate policy, certificate or contract of insurance or are otherwise not an integral part of the plan:
(i) Limited scope dental or vision benefits.
(ii) Benefits for long-term care, nursing home care, home health care, community-based care, or any combination thereof.
(iii) Other excepted benefits specified in federal regulations issued pursuant to federal Pub. L. No. 104-191 (“HIPAA”).
(C) The following benefits if the benefits are provided under a separate policy, certificate or contract of insurance, there is no coordination between the provision of the benefits and any exclusion of benefits under any group health plan maintained by the same plan sponsor, and the benefits are paid with respect to an event without regard to whether benefits are provided with respect to such an event under any group health plan maintained by the same plan sponsor:
(i) Coverage only for a specified disease or illness.
(ii) Hospital indemnity or other fixed indemnity insurance.
(D) The following if offered as a separate policy, certificate or contract of insurance:
(i) Medicare supplement health insurance as defined under section 1882(g)(1) of the federal Social Security Act [42 U.S.C. § 1395ss].
(ii) Coverage supplemental to the coverage provided under chapter 55 of title 10, United States Code (Civilian Health and Medical Program of the Uniformed Services (CHAMPUS)).
(iii) Similar supplemental coverage provided to coverage under a group health plan.
(17) “Licensed midwife” means any midwife licensed under § 23-13-9;
(18) “Medical services” means those professional services rendered by persons duly licensed under the laws of this state to practice medicine, surgery, chiropractic, podiatry, and other professional services rendered by a licensed midwife, certified registered nurse practitioners, and psychiatric and mental health nurse clinical specialists, and appliances, drugs, medicines, supplies, and nursing care necessary in connection with the services, or the expense indemnity for the services, appliances, drugs, medicines, supplies, and care, as may be specified in any nonprofit medical service plan. Medical service shall not be construed to include hospital services;
(19) “Nonprofit medical service corporation” means any corporation organized pursuant hereto for the purpose of establishing, maintaining, and operating a nonprofit medical service plan;
(20) “Nonprofit medical service plan” means a plan by which specified medical service is provided to subscribers to the plan by a nonprofit medical service corporation;
(21) “Office of the health insurance commissioner” means the agency established under § 42-14.5-1.
(22) “Psychiatric and mental health nurse clinical specialist” is an expanded role utilizing independent knowledge and management of mental health and illnesses. The practice includes collaboration with other licensed healthcare professionals, including, but not limited to, psychiatrists, psychologists, physicians, pharmacists, and nurses;
(23) “Rescission” means a cancellation or discontinuance of coverage that has retroactive effect for reasons unrelated to timely payment of required premiums or contribution to costs of coverage.
(24) “Subscribers” means those persons or groups of persons who contract with a nonprofit medical service corporation for medical service pursuant to a nonprofit medical service plan; and
(25) “Therapist in marriage and family practice” means a person who has been licensed pursuant to § 5-63.2-10.
History of Section.P.L. 1945, ch. 1598, § 1; G.L. 1956, § 27-20-1; P.L. 1961, ch. 136, § 1; P.L. 1987, ch. 129, § 1; P.L. 1990, ch. 168, § 2; P.L. 1991, ch. 361, § 5; P.L. 1994, ch. 89, § 4; P.L. 2012, ch. 256, § 7; P.L. 2012, ch. 262, § 7.
Structure Rhode Island General Laws
Chapter 27-20 - Nonprofit Medical Service Corporations
Section 27-20-1. - Definitions.
Section 27-20-1.1. - Applicability.
Section 27-20-2. - Organization as charitable corporation — Insurance laws inapplicable.
Section 27-20-3. - Qualifications of directors.
Section 27-20-4. - Approval of articles of association.
Section 27-20-5. - Contracts with subscribers.
Section 27-20-5.1. - Cancellation of coverage by employers.
Section 27-20-5.2. - Repealed.
Section 27-20-5.3. - Patient responsibility — Administrative requirements.
Section 27-20-6.1. - Uniform explanation of benefits and coverage.
Section 27-20-6.2. - Filing of policy forms.
Section 27-20-7. - Relationship of physician and patient — Actions against corporation.
Section 27-20-8. - Annual and quarterly statements.
Section 27-20-9. - Examination of affairs of corporation.
Section 27-20-10. - Commission plans for solicitors or insurance producers.
Section 27-20-11. - Investment standards.
Section 27-20-12. - Corporation deemed public charitable institution.
Section 27-20-13. - Adoption of chapter by hospital service corporation.
Section 27-20-14. - Coverage for adoptive children.
Section 27-20-15. - Itemized bills for services rendered.
Section 27-20-16. - Changing coverage.
Section 27-20-17. - Mammograms and pap smears — Coverage mandated.
Section 27-20-17.1. - Insurance coverage for post-partum hospital stays.
Section 27-20-18. - Mammograms — Quality assurance standards.
Section 27-20-19. - Pap smears — Quality assurance standards.
Section 27-20-20. - Coverage for infertility.
Section 27-20-21. - Nonprofit medical service corporation assessment.
Section 27-20-22. - Discontinuance of coverage — Chronic disabilities.
Section 27-20-23. - Drug coverage.
Section 27-20-23.1. - Medication synchronization.
Section 27-20-24. - Rehabilitation, liquidation, or conservation.
Section 27-20-25. - Holding company systems.
Section 27-20-25.1. - No derogation of attorney general.
Section 27-20-25.2. - Health insurance rates.
Section 27-20-26. - Regulations.
Section 27-20-27.1. - “Reliable evidence” defined. [Repealed on effective date of § 27-20-64.]
Section 27-20-27.2. - Conditions of coverage. [Repealed on effective date of § 27-20-64.]
Section 27-20-27.3. - Managed care. [Repealed on effective date of § 27-20-64.]
Section 27-20-29. - Mastectomy treatment.
Section 27-20-29.1. - Insurance coverage for mastectomy hospital stays.
Section 27-20-30. - Diabetes treatment.
Section 27-20-31. - Primary and preventive obstetric and gynecological care.
Section 27-20-31.1. - Hysterectomy or myomectomy treatment.
Section 27-20-32. - Whistleblowers protection.
Section 27-20-33. - Penalties and remedies.
Section 27-20-34. - Additional relief and damages — Reinstatement.
Section 27-20-35. - Third-party reimbursement for services of certain healthcare workers.
Section 27-20-35.1. - Third party reimbursement for services of registered nurse first assistants.
Section 27-20-36. - Human leukocyte antigen testing.
Section 27-20-37. - Drug coverage.
Section 27-20-38. - Restricted annual rate payments prohibited.
Section 27-20-39. - Genetic testing.
Section 27-20-39.1. - Genetic information.
Section 27-20-41. - Magnetic resonance imaging — Quality assurance standards.
Section 27-20-42. - Acupuncture services.
Section 27-20-43. - F.D.A. approved prescription contraceptive drugs and devices.
Section 27-20-45. - Eligibility for children’s benefits.
Section 27-20-46. - Hearing aids.
Section 27-20-47. - Prompt processing of claims.
Section 27-20-48. - Mandatory coverage for certain lyme disease treatments.
Section 27-20-49. - Dental insurance assignment of benefits.
Section 27-20-50. - Coverage for early intervention services.
Section 27-20-51. - Post-payment audits.
Section 27-20-52. - Reimbursement for orthotics and prosthetic services.
Section 27-20-53. - Tobacco cessation programs.
Section 27-20-54. - Mandatory coverage for scalp hair prosthesis.
Section 27-20-55. - Licensed ambulance service.
Section 27-20-56. - Enteral nutrition products.
Section 27-20-57. - Prohibition on preexisting condition exclusions.
Section 27-20-58. - Prohibition on rescission of coverage.
Section 27-20-59. - Annual and lifetime limits.
Section 27-20-60. - Coverage for individuals participating in approved clinical trials.
Section 27-20-61. - Medical loss ratio reporting and rebates.
Section 27-20-62. - Emergency services.
Section 27-20-63. - Internal and external appeal of adverse benefit determinations.
Section 27-20-65. - Primary care provider designation requirement.
Section 27-20-66. - Discretionary clauses.
Section 27-20-67. - Orally administered anticancer medication — Cost-sharing requirement.
Section 27-20-68. - Consumer notification.
Section 27-20-69. - Opioid antagonists.
Section 27-20-70. - Healthcare provider credentialing.
Section 27-20-71. - Unfair discrimination prohibited.
Section 27-20-72. - Health insurance contracts — Full year coverage for contraception.
Section 27-20-73. - Prohibition on discrimination in organ transplants.
Section 27-20-74. - Health insurance contracts — Copayments exemption for COVID-19 vaccinations.
Section 27-20-75. - Perinatal doulas.
Section 27-20-76. - Gender rating. [Effective January 1, 2023.]