Senate
Study
Bill
3033
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
A
BILL
FOR
An
Act
relating
to
preexisting
condition
exclusions
in
certain
1
coverage
for
health
care
services,
and
including
effective
2
and
applicability
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
5390XC
(2)
88
ko/rn
S.F.
_____
Section
1.
PREEXISTING
CONDITION
EXCLUSIONS
PROHIBITED.
1
1.
Notwithstanding
the
uniformity
of
treatment
requirements
2
of
section
514C.6,
a
policy,
contract,
or
plan
providing
for
3
third-party
payment
or
prepayment
of
health
or
medical
expenses
4
shall
not
impose
a
preexisting
condition
exclusion
with
respect
5
to
coverage
for
services
provided
under
the
policy,
contract,
6
or
plan.
7
2.
This
section
applies
to
the
following
classes
of
8
third-party
payment
provider
policies,
contracts,
or
plans
9
delivered,
issued
for
delivery,
continued,
or
renewed
in
this
10
state:
11
a.
Individual
or
group
accident
and
sickness
insurance
12
providing
coverage
on
an
expense-incurred
basis.
13
b.
An
individual
or
group
hospital
or
medical
service
14
contract
issued
pursuant
to
chapter
509,
514,
or
514A.
15
c.
An
individual
or
group
health
maintenance
organization
16
contract
regulated
under
chapter
514B.
17
d.
A
plan
established
pursuant
to
chapter
509A
for
public
18
employees.
19
Sec.
2.
EFFECTIVE
DATE.
This
Act
takes
effect
upon
a
20
court
of
competent
jurisdiction
issuing
a
decision
that
the
21
federal
Patient
Protection
and
Affordable
Care
Act,
Pub.
L.
22
No.
111-148
is
unconstitutional,
and
that
court’s
decision
23
becoming
final
and
binding.
The
attorney
general
shall
provide
24
written
notification
of
the
final
and
binding
court
decision
to
25
the
commissioner
of
insurance,
the
governor,
and
the
general
26
assembly.
27
Sec.
3.
APPLICABILITY.
This
Act
applies
to
third-party
28
payment
provider
policies,
contracts,
or
plans
that
are
in
29
effect,
delivered,
issued
for
delivery,
continued,
or
renewed
30
in
this
state
on
or
after
the
effective
date
of
this
Act.
31
EXPLANATION
32
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
33
the
explanation’s
substance
by
the
members
of
the
general
assembly.
34
This
bill
relates
to
preexisting
condition
exclusions
in
35
-1-
LSB
5390XC
(2)
88
ko/rn
1/
2
S.F.
_____
certain
coverage
for
health
care
services.
1
The
bill
prohibits
specified
individual
or
group
policies,
2
contracts,
or
plans
providing
for
third-party
payment
or
3
prepayment
of
health
or
medical
expenses
from
imposing
a
4
preexisting
condition
exclusion
with
respect
to
coverage
for
5
services
provided
under
the
policies,
contracts,
or
plans.
6
The
bill
takes
effect
upon
a
court
of
competent
jurisdiction
7
issuing
a
decision
that
the
federal
Patient
Protection
and
8
Affordable
Care
Act,
Pub.
L.
No.
111-148
is
unconstitutional,
9
and
that
court’s
decision
becoming
final
and
binding.
The
10
attorney
general
shall
provide
written
notification
of
the
11
final
and
binding
court
decision
to
the
commissioner
of
12
insurance,
the
governor,
and
the
general
assembly.
The
bill
13
applies
to
third-party
payment
provider
policies,
contracts,
14
or
plans
that
are
in
effect,
delivered,
issued
for
delivery,
15
continued,
or
renewed
in
this
state
on
or
after
the
effective
16
date
of
the
bill.
17
-2-
LSB
5390XC
(2)
88
ko/rn
2/
2