Section 27-74-1. – Short title.
§ 27-74-1. Short title. This chapter shall be known as the “Discount Medical Plan Organization Act.” History of Section.P.L. 2010, ch. 156, § 1; P.L. 2010, ch. 158, § 1.
Section 27-74-10. – Marketing requirements.
§ 27-74-10. Marketing requirements. (a) A discount medical plan organization may market directly or contract with other marketers for the distribution of its product. (b) The discount medical plan organization shall have an executed written agreement with a marketer prior to the marketer’s marketing, promoting, selling or distributing the discount medical plan. The agreement between […]
Section 27-74-11. – Marketing restrictions and disclosure requirements.
§ 27-74-11. Marketing restrictions and disclosure requirements. (a) All advertisements, marketing materials, brochures, discount medical plan cards and any other communications of a discount medical plan organization provided to prospective members and members shall be truthful and not misleading in fact or in implication. An advertisement, any marketing material, brochure, discount medical plan card or […]
Section 27-74-12. – Notice of change in name or address.
§ 27-74-12. Notice of change in name or address. Each discount medical plan organization shall provide the commissioner at least thirty (30) days’ advance notice of any change in the discount medical plan organization’s name, address, principal business address or mailing address or Internet website address. History of Section.P.L. 2010, ch. 156, § 1; P.L. […]
Section 27-74-13. – Annual reports.
§ 27-74-13. Annual reports. (a) If the information required in subsection (b) of this section is not provided at the time of renewal of a certificate of registration under § 27-74-5, a discount medical plan organization shall file an annual report with the commissioner in the form prescribed by the commissioner, within three (3) months […]
Section 27-74-14. – Penalties.
§ 27-74-14. Penalties. (a) In addition to the penalties and other enforcement provisions of this chapter or under pursuant to § 42-14-16, any person who willfully violates this chapter is subject to civil penalties of up to ten thousand dollars ($10,000) per violation. (b) A person that willfully operates as or aids and abets another […]
Section 27-74-15. – Injunctions.
§ 27-74-15. Injunctions. (a) In addition to the penalties and other enforcement provisions of this act, the commissioner or the department of the attorney general may seek both temporary and permanent injunctive relief when: (1) A discount medical plan is being operated by a person or entity that is not registered pursuant to this chapter; […]
Section 27-74-16. – Regulations.
§ 27-74-16. Regulations. The commissioner shall adopt regulations to carry out the provisions of this chapter, including standards for readability of advertisements, marketing materials, brochures, discount medical plan cards and any other communications by discount medical plan organizations to members and prospective members. History of Section.P.L. 2010, ch. 156, § 1; P.L. 2010, ch. 158, […]
Section 27-74-17. – Severability.
§ 27-74-17. Severability. If any provision of this act, or the application of the provision to any person or circumstance shall be held invalid, the remainder of the act, and the application of the provision to persons or circumstances other than those to which it is held invalid, shall not be affected. History of Section.P.L. […]
Section 27-74-18. – Effective date.
§ 27-74-18. Effective date. Any discount medical plan organization doing business in or from this state on or after March 1, 2011, shall comply with the requirements of this chapter. History of Section.P.L. 2010, ch. 156, § 1; P.L. 2010, ch. 158, § 1.
Section 27-74-2. – Purpose.
§ 27-74-2. Purpose. The purpose of this chapter is to promote the public interest by establishing standards for discount medical plan organizations, protect consumers from unfair or deceptive marketing, sales or enrollment practices, and facilitate consumer understanding of the role and function of discount medical plan organizations in providing access to medical or ancillary services. […]
Section 27-74-3. – Definitions.
§ 27-74-3. Definitions. As used in this chapter: (1) “Affiliate” means a person that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, the person specified. (2) “Ancillary services” includes, but is not limited to, audiology, dental, vision, mental health, substance abuse, chiropractic, and podiatry […]
Section 27-74-4. – Applicability and scope.
§ 27-74-4. Applicability and scope. (a) This chapter applies to all discount medical plan organizations doing business in or from this state. (b) A discount medical plan organization that is a licensed health insurer or health maintenance organization or a nonprofit hospital and medical service corporation is not required to obtain a certificate of registration […]
Section 27-74-5. – Registration requirements.
§ 27-74-5. Registration requirements. (a) Before doing business in or from this state as a discount medical plan organization, a person shall obtain a certificate of registration from the commissioner to operate as a discount medical plan organization. (b) Each application for a certificate of registration to operate as a discount medical plan organization: (1) […]
Section 27-74-6. – Surety bond or deposit requirements.
§ 27-74-6. Surety bond or deposit requirements. (a) Each registered discount medical plan organization shall maintain in force a surety bond in its own name in an amount not less than fifty thousand dollars ($50,000) to be used in the discretion of the commissioner to protect the financial interest of members, including, but not limited […]
Section 27-74-7. – Examinations and investigations.
§ 27-74-7. Examinations and investigations. (a) The commissioner may examine or investigate the business and affairs of any discount medical plan organization to protect the interests of the residents of this state based on the following reasons, including, but not limited to, complaint indices, recent complaints, information from other states, or as the commissioner deems […]
Section 27-74-8. – Charges and fees — Refund requirements — Bundling of services.
§ 27-74-8. Charges and fees — Refund requirements — Bundling of services. (a) A discount medical plan organization may charge a periodic charge as well as a reasonable one-time processing fee for a discount medical plan. (b) If a member cancels his or her membership in the discount medical plan organization within the first thirty […]
Section 27-74-9. – Provider agreements — Provider listing requirements.
§ 27-74-9. Provider agreements — Provider listing requirements. (a) A discount medical plan organization shall have a written provider agreement with all providers offering medical or ancillary services to its members. The written provider agreement may be entered into directly with the provider or indirectly with a provider network to which the provider belongs. (b) […]