POLICY PROVISIONS CONTINUED


COINSURANCE

After you satisfy the Deductible, the benefits for covered services will be provided at the percentage specified on the Schedule of Benefits.  The unpaid portion of the PPO Schedule or Allowance (whichever is applicable) constitutes your Coinsurance obligation.  Your choice of a Provider will determine the percentage we pay of the PPO Schedule or Allowance (whichever is applicable) and will determine your obligation.

C.A.
Henry has a Major Medical policy with $500 deductible, 80/20 coinsurance, maximum out-of-pocket of $2,000.

Total medical bills  =       $25,000
Less Deductible                             500
Available for  coinsurance     $24,500
Insured pays 20%              4,900
Less out-of-pocket                   2,000
Maximum paid by insured          2,500   (deductible of $500, + OOP of $2,000)
Insurer pays                    $22,500


MAXIMUM OUT-OF-POCKET COINSURANCE EXPENSE
Again, Please note that these provisions pertain generally to a PPO policy, and the coinsurance provisions are particularly affected by PPO and Non-PPO Providers.  For Fee for Service plans, the coinsurance would be more simply described as the percentage payable by the company and the insured after satisfaction of the deductible.

The annual Maximum Out-of-Pocket Coinsurance expense for covered services is the amount specified on the Schedule of Benefits.  This is an accumulation of the Coinsurance amount not paid under this Contract for covered services and supplies provided by the following:

Preferred Patient  Providers;
Suppliers in or out of a Service Area;
Non-Preferred Patient  Provider services for Insureds residing out of a Service Area only; and
Covered Medical Emergency/Accident Care related services.

When an individual Insured has satisfied (paid out of his/her pocket) the Maximum Individual Out-of-Pocket Coinsurance Expense amount specified on the Schedule of Benefits, we will pay covered services and supplies at 100% of the PPO Schedule or Allowance (whichever is applicable) to be determined by the Provider and Service Area as specified on the Schedule of Benefits.

The Maximum Out-of-Pocket Coinsurance Expense does not include the amount applied toward the Deductible, any benefit reduction, non-covered services, your Coinsurance amount for covered services and supplies for Inpatient and Outpatient Mental and Nervous Disorders and Inpatient Alcohol and Drug Dependency, your Coinsurance amount for covered services of a Non-PPO Hospital or Physician, or charges in excess of the PPO Schedule or Allowance (whichever is applicable).  These amounts are your responsibility.
For Fee-for-Service plans in particular, this would vary as all services would be applied to the deductible in most cases.  Also, some states may not allow restrictions for Mental and Nervous Disorders, or Alcohol and Drug Dependency.

C.A.
Frances purchased a PPO Major Medical Plan that paid 80% of medical  costs after the  deductible for participating Providers. For non-participating Providers, it would pay 60% of the approved amount.  Frances went to a non-participating doctor for minor surgery.
After the deductible ($1,000) was satisfied, the doctor bill was $3,000.  Frances expected to pay 40% of the $3,000 or $1200, as this was a non-participating doctor.  However, she received a bill for $1800 and questioned the insurance company.
As with most PPO policies, the insurer will pay 60% of the approved amount.  In this case, the approved amount for that procedure was $3,000.  Therefore after the deductible, the insurer paid 60% of  $2,000, ($1200) which meant that she owed the difference of  $800, plus the amount not paid by the insurer ($1,000), for a total of $1800 out-of-pocket.  Note:  Even though the out-of-pocket under her policy was $1500, this does not normally apply when an out-of-network Provider is used.

RESTORATION OF BENEFITS
The restoration of benefits may be offered, in various forms, and on only certain policy forms.  The provisions here are provided only as an example of one type only.

The benefits you have used can be restored.  If you receive more than $1,000 in benefits during a Calendar Year, we will automatically restore your lifetime maximum by $1,000 on the next January 1st.

At any time $1,000 or more in benefits has been paid during a Calendar Year, you can restore the full lifetime maximum by sending proof of your good health to us.  If we accept your proof, your lifetime maximum will be restored.
Note: Restoration of Benefits does not apply to Alcohol and Drug Dependency, and Mental and Nervous Disorders lifetime maximums.


C.A.
The Horizons Insurance Co. markets a Major Medical plan which includes a Restoration of Benefits provision.  The plan has a lifetime maximum of $1,000,000, and the provision states that if more than $5,000 in approved benefits are received in any one calendar year, the benefits will be restored by $5,000.
If a policyholder had medical bills which totaled $12,000, and $2,500 was paid by the insured by deductibles and coinsurance, $9,500 would be received in benefits.  This would reduce the lifetime maximum  to $990,500.  The first of the next year this amount would be  increased by $5,000 and the total lifetime maximum would then be $995,500.

MEDICALLY NECESSITY

This Contract does not provide benefits for any service rendered or any supply furnished by a Hospital, Physician, or other Provider which, in the opinion of YOUR INSURANCE COMPANY, is not Medically Necessary, as defined in the general terms section of this Contract.  Examples of hospitalization and other health care services and supplies that are not Medically Necessary include, but are not limited to:

Newborn circumcision.
Continued hospitalization of the mother because the newborn cannot be discharged, or vice versa.
Continued hospitalization because arrangements for discharge have not been completed.
Use of laboratory, x-ray, or other diagnostic testing that has no clear indication, or is not expected to alter the management plan.
Hospitalization because care in the home is unavailable or unsuitable; or hospitalization for any service which could have been provided safely and adequately in an alternate setting; e.g., a Physician's office or Hospital Outpatient department.
Hospitalization or admission to a Skilled Nursing Facility for the purpose of custodial care, convalescent care, or any other service primarily for the convenience of the patient and/or his/her family members.

YOUR INSURANCE COMPANY makes the decision whether hospitalization or other health care services or supplies are/were Medically Necessary, and therefore eligible for payment under the terms of your Contract.  In some instances, this decision is made by YOUR INSURANCE COMPANY after you have been hospitalized or have received other health care services or supplies and after a claim for payment has been submitted.

In some cases, it is usual for a policy to state a disclaimer which informs the policyholder that if a Doctor or other medical Provider states that certain treatment is “medically necessary” does not automatically make it covered under the policy.  Wording may be similar to : The fact that a Provider may prescribe, recommend, approve, or furnish a service or supply does not, of itself, make it Medically Necessary or a covered service; nor does it make the charge an Allowance under this Contract, even though it is not specifically listed as an exclusion.

C.A.
A young mother insured under a Major Medical plan with maternity benefits, delivered her first child prematurely.  Although the baby appeared normal in all respects, because it only weighed 4 pounds at birth, the doctor felt that it should stay in an incubator for a brief period of time and until it gained at least 6  more ounces.
The mother was going to breast feed the baby, and became very agitated when she was told that she could be discharged without her baby.  Since the attending physician was the family doctor, he kept her in the hospital for an additional 4 days, and at which time both mother and baby were discharged.
The insurance company refused to pay for the hospital charges for the mother’s 4-day stay as it was not medically necessary.

PROVIDER ALTERNATIVES

(This section pertains only to PPO policies and would not be present in a typical Fee-for-Service plan.)

YOUR INSURANCE COMPANY's payment program for covered services varies depending on the health care Provider that the Insured selects to provide the service or supply, as set forth in this section.  The level of benefits YOUR INSURANCE COMPANY provides is set forth on the Schedule of Benefits.

YOUR INSURANCE COMPANY does not provide or arrange for the provision of health care services or supplies.  It is the Insured's responsibility to select the health care Provider.  YOUR INSURANCE COMPANY is not liable for any damages or costs arising from the actions or lack of actions of any health care Provider or such Provider's staff.

IN SERVICE AREA (PPO PLANS ONLY)

Eligible PPO Providers

Eligible PPO Providers are those health care Providers that have entered into an agreement with YOUR INSURANCE COMPANY to participate in YOUR INSURANCE COMPANY's PPO Provider network and were participating in the network at the time the service or supply was provided.  Eligible PPO Providers will file claims with YOUR INSURANCE COMPANY on behalf of the Insured.  YOUR INSURANCE COMPANY's payment for covered services rendered by a PPO Provider, if any, will always be made directly to the eligible PPO Provider.

YOUR INSURANCE COMPANY's payment for covered services rendered by an eligible PPO Provider will be at the higher Coinsurance percentage of the PPO Schedule amount, as set forth in the Schedule of Benefits.  Eligible PPO Providers have agreed to accept the PPO Schedule amount as payment in full for covered services, therefore, the Insured's financial responsibility does not include payment of charges in excess of the PPO Schedule amount.  The Insured's financial responsibility includes the Deductible(s) and Coinsurance amounts, the payment of charges for non-covered services, the payment of charges in excess of any maximum benefit limitations, and payment of any benefit reduction.  The Insured's Coinsurance responsibility for covered services rendered by an eligible PPO Provider will be based upon the PPO Schedule amount or the eligible PPO Provider's charges, whichever is lower.

A list of the type of Providers that are currently eligible to participate in YOUR INSURANCE COMPANY's PPO Provider network is provided at the back of this document.  To determine if a particular health care Provider entered into an agreement with YOUR INSURANCE COMPANY to participate in YOUR INSURANCE COMPANY's PPO Provider network, review the most recent PPO Provider Directory.  It is the Insured's responsibility, however, to verify that a health care Provider is a PPO Provider at the time the service or supply is rendered.  To verify a Provider's participation status, the Insured may contact the local YOUR INSURANCE COMPANY office or the Provider's office.

C.A.
A PPO schedule is the maximum amount that the insurer will pay for certain medical treatments.  Some of the larger insurers are noted for being tough negotiators on the amount.  The question arises infrequently as to whether the insured should know the amount that is paid for their treatment.  Most patients just don't care, as long as they are satisfied with the treatment.  However, an insured may feel that if the insurer doesn’t pay the Providers the “going rate”, then the quality or amount of treatment they receive may be lessened.  This has been resolved in different jurisdiction, in different ways.  As a practical matter, if the patient is friendly with the doctors staff, they may be able to informally find out, but in some cases the doctors office will not reveal the amount as it is considered confidential and the doctor could have legal headaches if the patient would sue for any reason.

Eligible Non-PPO Providers

Eligible Non-PPO Providers are those health care Providers that have not entered into an agreement with YOUR INSURANCE COMPANY to participate in the PPO Provider network or were not participating in the network at the time the service or supply was provided.  YOUR INSURANCE COMPANY's payment for covered services rendered by an eligible Non-PPO Provider, if any, will be at the lower Coinsurance percentage of the PPO Schedule amount, as set forth in the Schedule of Benefits.

The Insured is responsible for filing claims for services and supplies rendered by eligible Non-PPO Providers.  YOUR INSURANCE COMPANY's payment, if any, for covered services rendered by an eligible Non-PPO Provider will always be made directly to the Insured.

Typically, on a PPO policy, the payments of medical benefits cannot be assigned to a health Provider that is not an Approved Provider.  The insured does not have the contractual or legal authority to have any benefit assignments made to non-Providers.  An example of wording in a PPO policy is as follows.

 YOUR INSURANCE COMPANY will not honor any assignment to an eligible Non-PPO Provider, including without limitation, any of the following assignments:
an assignment of the benefits due under this Contract;
an assignment of the right to receive payments due under this Contract; or
an assignment of a claim for damages resulting from a breach, or an alleged breach, of this Contract.
The provision explaining the amount for which the applicant is responsible is important to the policyholder and should be explained completely and fully by the agent at the time the application is taken. It was mentioned earlier that if a non-approved Provider is used, the “60%” {used for illustrative purposes} of expenses payable by the insurer {as opposed to the 80% for approved Providers} may actually be substantially more than 60% of the total medical bill.  This is explained in more detail in this provision.

Eligible Non-PPO Providers have not agreed to accept YOUR INSURANCE COMPANY's PPO Schedule amount as payment in full for covered services, therefore the Insured is responsible for the difference between YOUR INSURANCE COMPANY's PPO Schedule amount and the eligible Non-PPO Provider's charge, if any, in addition to the Insured's responsibility for the Deductible(s) and Coinsurance amounts, the payment of charges for non-covered services, the payment of charges in excess of any maximum benefit limitations, and payment of any benefit reduction.  The Insured's Coinsurance responsibility for covered services rendered by a Non-PPO Provider will be based upon the PPO Schedule amount.

C.A.
George Benson was insured under a PPO plan.  He developed cancer of the throat and underwent serious surgery.  George was aware of the restrictions of the PPO plan, and was careful to use doctors that were Providers, and the hospital that was a Provider.  The hospital, Central Hospital, was considered the best cancer hospital in the area.
George had to have a nurse come to his home for several days to administer medication and to change bandages, etc. These services were covered under his policy.  When informed that he would have to have a visiting nurse, his wife asked (George was unable to contribute at this point) what home health care firm to use.  The hospital recommended the Central Home Health Care Agency and George's wife made the arrangements with this agency.
After George was at home and after the home health care nurses stopped coming to his house, George started getting small checks from his insurer.  They did not know where they came from, and they were small, so they were deposited and forgotten about.  About a month later, George received a bill from the Central HHC Agency for $2500.  They submitted this bill to the insurer, but they continued to get bills from Central HHC.  After getting a call from a collection agency, they contacted the claims department of their insurer.
They were informed that even though the Central HHC agency had the same name as the hospital (Central) they were, in fact, not related.  Furthermore, Central HHC Agency was not an
(Continued from previous page)  approved Provider for the insurance company.  Therefore, they had been receiving checks for 60% of the approved amount, which was much less than that billed by Central HHC, in the form of the small checks they had been depositing.
When appealed, the insurer pointed out that it is the responsibility of the insured to verify that the Provider used for any medical procedure, is a company approved Provider.


OUTSIDE SERVICE AREA
Hospitals located outside of the Service area which have entered into an agreement with YOUR INSURANCE COMPANY in that state will be deemed to be participating Hospitals, and benefits will be paid directly to that Hospital.  If the Insured receives covered services in an out of state Hospital, the Insured will be responsible for the payment of any difference between YOUR INSURANCE COMPANY's payment and the Hospital's charge.

C.A.
There are certain hospitals that specialize in a particular medical field and may be referred to a “Centers of Excellence” who contract with insurers outside of their geographical area.    In Tampa, Florida, the Moffitt Center is a regional center for cancer treatment.  An insurance company in Georgia may have the hospital as a preferred Provider.  Therefore, even though the hospital is outside of the service area, it is available for insureds covered under their PPO plan.

C.A.
Bob Bailey purchased a Major Medical PPO policy from his lifelong friend and insurance agent.  The agent had offered various types of plans, but Bailey appreciated the advantages of the PPO.
The disadvantages were that he must use the medical Providers approved by the insurer in order to receive the maximum coinsurance allowance.  The other principal disadvantage is that when Bailey travels outside of the state, where there are no participating Providers, he cannot use  those doctors except for medical emergencies, and receive the maximum coinsurance allowance.  Also, when non-PPO Providers are used, the out-of-pocket provision in his policy does not apply.  This means that if he is visiting relatives in a state where no approved Providers are available, and he does not feel  well, if he goes to a doctor for a checkup, the insurer will only pay 60% of the amount that they normally would pay for the service (not what the doctor charged).  Further, if he should become quite ill and was hospitalized, his $2,000 our-or-pocket limitation would not apply.  This could amount to thousands of dollars that he may have to pay.
The advantages are that since his family doctor is an approved Provider, he really didn't have to change doctors.  The doctor will file all claims for him, eliminating the name for frustrating paperwork.  One of the  big advantages also is that the doctors have all contracted for their services, and he does not have to worry about what is “usual and customary” and then be accosted with a big bill because the doctor bills more than the insurer is willing to pay.
(Continued from previous page)  He will receive full benefits of the policy by using approved Providers, but perhaps the deciding reason to purchase a PPO plan is that the premium is considerably lower than any other type of comprehensive plan.


MEDICAL EMERGENCY/ACCIDENT
As stated earlier, the Medical Emergency and Accident provision states that all benefits will be paid to the Provider or reimbursed on the same basis as those medical services provided by Network Providers.  This is applicable only for PPO type policies.  Many policies provide for an exception that provides that if an insured receives medical services while traveling outside of the Service area, and if the insured cannot reasonably be expected to return to the Service area, benefits will be provided as if they were a medical emergency or an accident and the higher benefits would be provided.

Payment for a Medical Emergency/Accident is made in accordance with the status of the Provider as follows:

Reimbursement for covered services provided by an eligible PPO Provider will be made at the higher Coinsurance percentage of the PPO Schedule amount as set forth in the Schedule of Benefits.

Reimbursement for covered services provided by an eligible Non-PPO Provider will be made at the higher Coinsurance percentage of the Allowance as set forth in the Schedule of Benefits.

C.A.
Bill Armstrong was insured under a PPO plan whose network was only in his state of residence.  While on vacation he suffered severe pains in his side and was rushed to the local hospital emergency room.
The hospital billed his insurance company who, according to the terms of the policy, paid 80% of the charges, even though the hospital and ER doctor were not on the PPO list.

C.A.

The Johnson’s were traveling to the Grand Canyon on vacation.  They were insured under a PPO Major Medical plan.  En route, Henry suffered severe chest pains and was rushed to the nearest hospital, a small hospital in rural Arizona.  Henrys father died of a heart attack, and his mother had also suffered a heart attack recently, so he was keenly aware of the symptoms.  He was diagnosed as having Acute Pericarditis caused by a viral infection.  While symptoms of a heart attach were present, with some medication and 2 days rest at a Motel, they were able to continue their trip.                                                                                          
His policy agreed to cover a policyholder who required immediate medical attention and if the insured cannot be reasonably expected to return to his own service area.  Therefore, his policy would cover his illness, even though it was not a heart attack.

COVERAGE PROVIDED BY OTHER HEALTH CARE PROFESSIONALS

With the growing specialization in the medical field, a provision is common to provide for certain medical services otherwise not covered by the policy. While the CRNA is perhaps the most common, specialists in the psychological and psychiatric fields are growing and perform important functions.

Anesthesia services rendered by a Certified Registered Nurse: Anesthetist (CRNA) may be covered services, subject to the applicable CRNA Allowance.  In those instances where the CRNA is actively directed by a Physician other than the Physician who performed the surgical procedure, YOUR INSURANCE COMPANY's payment for covered services, if any, will be made for both the CRNA and the Physician services at the lower directed-services Allowance in accordance with YOUR INSURANCE COMPANY's payment program then in effect.

YOUR INSURANCE COMPANY's reimbursement for covered services rendered at a participating PPO Substance Abuse or Psychiatric Specialty Facility by Physicians, Psychologists, and other Medical Professionals who are employees, independent contractors, or consultants of such Facility who are paid by the Facility to directly perform patient care services, is included in the Allowance for such Facilities.


COVERED INSTITUTIONAL BENEFITS

This section describes benefits for covered services received in a Hospital, Outpatient department of a Hospital, Ambulatory Surgical Center, Skilled Nursing Facility, or the insured’s residence when the insurance company determines that such services are Medically Necessary – note that it is the insurers determination solely.  If the policy is a PPO type of plan, the schedule of allowances will apply.  The Deductible, Coinsurance and other limitations and exclusions apply to these benefits as well as for other covered medical services.
HOSPITAL EXPENSE BENEFITS
These benefits will vary by company and policy form, but a typical section covering expenses related to a hospital, would be as shown.  With some policies, for instance, outpatient care must be covered under a separate rider.  Some policies also have limitations on intensive care, etc.


Covered Hospital services include the following:
room and board (typically a private room will be covered only when isolation is required); intensive care units (including cardiac, progressive care and neonatal care units); use of operating and recovery rooms, including Outpatient surgery; use of emergency room;
drugs and medicines for your use in a Hospital; intravenous solutions;
dressings, including ordinary casts;
anesthetics and their administration by a regularly salaried Hospital employee; respiratory therapy, (example, oxygen);
transfusion supplies and equipment;
diagnostic X-rays, ultrasound, and computerized tomography (Cat Scan);
chemotherapy treatments for proven malignant disease, illness, or Condition if the disease, illness or Condition for which the drug or biological product is being administered is an indication for which the drug or biological product has received approval from the Federal Food and Drug Administration;
laboratory and pathology services;
other approved machine testing, (i.e., electrocardiograms (EKG), electroencephalograms (EEG), echocardiography, mammography, etc.);
Physical Therapy (in connection with a covered Condition); and
x-ray, cobalt and other acceptable forms of radiation therapy for treatment of proven malignant disease.

C.A.
Adam was admitted to the hospital for prostate surgery.  He was put into a semi-private room with a patient who was (in Adams estimation) unusually profane and complaining.  Adam is rather religious and modest, and did not appreciate the stream of invectives coming from the other side of the curtain.  When his wife came to visit, he was doubly embarrassed, and asked to be transferred to another room.  However, the hospital was full as there was a local flu epidemic and even the halls were full.  But there was a private room available, which Adam took immediately.
Unfortunately, his insurance policy had a typical clause which stated that a private room in a hospital would only be paid for by the insurer, when isolation is required.  Since isolation is not required for prostate surgery, he was responsible for the difference between the semi-private, and the private room rate.



SKILLED NURSING FACILITIES

A Skilled Nursing Facility (SNF) is a facility as described in definitions.  It is important to note that generally a Skilled Nursing Facilities requires a Registered Nurse (RN), Licensed Practical Nurse (LPN), or Registered Physical Therapist (RPT) to be on duty 24 hours a day and a Medical Doctor to be on call 24 hours a day.  {Some policies require a RN to be on duty 24 hours a day, a typical requirement for Long Term Care policies}  One should note that “Custodial Care” as defined in the policy, does not qualify under this policy as Skilled Nursing Facilities.  It should also be noted that some policies may not cover SNF’s, so particular attention must be paid before representing such to any applicant.)

Before you enter a Skilled Nursing Facility, your Physician must submit acceptable documentation (a written treatment plan) to YOUR INSURANCE COMPANY which establishes the Medical Necessity for Skilled Nursing Facility services.  (This is a cost-containment feature very common in modern Major Medical plans)

If you are admitted to a Skilled Nursing Facility, and the treatment plan has been received and approved by us, benefits will be provided for the services and supplies shown below, up to the Contract maximum number of days specified on the Schedule of Benefits.  Covered services include:

room and board;
drugs and medicines for your use while in the Skilled Nursing Facility; intravenous solutions;
dressings, including ordinary casts;
respiratory therapy, (example, oxygen);
transfusion supplies and equipment;
diagnostic x-rays;
laboratory and pathology services;
electrocardiograms (EKG) and electroencephalograms (EEG); and Physical Therapy.

Services must be provided or supervised by a licensed RN, LPN, or RPT under the general direction of a Physician.

When a plan of treatment has not been received and approved by us (again, note that the plan must be approved by the insurer), benefits will be denied for Skilled Nursing Facility services.  In the event such documentation is provided and the services are found to be Medically Necessary, benefits will be provided.



HOME HEALTH CARE

Some policies have more restrictions on home health care than the one used here as an example.  The key point in providing home health care is home confinement in many policies.  For example, if a person goes to the grocery store, home health care may be excluded.  There usually is consideration given for a person going to a doctor or for other medical treatment.

If you are confined at home and require Home Health Care benefits, we will cover Home Health service when provided by a Home Health Agency.  This coverage is limited to the maximum reimbursement specified on the Schedule of Benefits.

For Home Health Services to be covered, each of the following conditions must be met:
your Physician must send us a home health care plan of treatment; and
we must approve the plan of treatment; and
you must be confined to home and be unable to carry out the basic activities of daily living.
We will review your Condition to determine the Medical Necessity of your Home Health Services.  If your Condition does not warrant the services provided by a Home Health Agency, benefits will be denied.  However, at such time documentation is provided and the services are found to be Medically Necessary, benefits will be extended.

HOME HEALTH SERVICES INCLUDE:
part-time or intermittent nursing care, by an RN or LPN; the purchase price of drugs and biologicals; Physical Therapy, by a Registered Physical Therapist-, Occupational Therapy, by an Occupational Therapist; Speech Therapy, by a Speech Therapist;
Home Health Aid Services;
medical social services;
nutritional guidance;
medical supplies; and
the use of medical appliances.

HOME HEALTH SERVICES DO NOT INCLUDE:
homemaker services;
domestic maid services;
sitter services;
companion services; services rendered in adult congregate living facilities;
services rendered in adult foster homes by a person providing general supervision or assistance to three or fewer non-relatives placed in their home by the Department of Health and Rehabilitative Services;
items or services furnished to an individual by a hospice (i.e. medically coordinated program providing a continuum of home Outpatient and home-like Inpatient care for a terminally ill patient and the patient's family);
services rendered at an adult day care center; and services rendered by and at a nursing home Facility.



C.A.
Agnes suffered a stroke and upon release from the hospital, was required to take certain medications and a daily evaluation was required by a RN or LPN.  She lived alone so a visiting nurse from a home health agency was assigned. Soon afterwards, a physical therapist would be necessary for her to resume the use of her right leg that was the most affected by the stroke.
Agnes’ Major Medical policy provided for home health services, which included services of a RN or LPN, and a Physical Therapist.  She was totally confined to her home so she qualified in that respect.  As time progressed, the RN would do evaluations and if her services were found to be medically necessary, the stated policy benefits would be extended.





MEDICAL AND SURGICAL BENEFITS

Similar to the Hospital services section above, this section describes the benefits for services covered under this plan, those that are medically necessary, and those provided by a Physician or Medical Professional.  All of these benefits are subject to the deductible and coinsurance allowances, and benefit allowances if this is a PPO type plan.
SERVICES PROVIDED OUT OF THE HOSPITAL

A typical provision allows benefits to be paid for such services as those provided by an Ambulatory Surgical Center, when used as an alternative to hospitalization.

This Contract provides benefits for Medically Necessary covered services rendered by a Provider, including an Ambulatory Surgical Center, outside of a Hospital when the service is provided as an alternative to Inpatient treatment in a Hospital.

INPATIENT MEDICAL VISITS

The benefits for medical visits by an attending physician and other physicians are considered separately in this provision.  This is not for surgical services.

When you are confined in the Hospital, this Contract covers your attending Physician's charges for care, including critical care.

Benefits are provided for up to one Physician's Visit each day only.

Coverage for Physicians' Visits will not be paid in addition to benefits paid for electroshock therapy.  Coverage for all Physicians' Visits is excluded when in connection with surgical procedures.  The Physician's fee for a Hospital Visit in connection with his/her surgical procedure, is included in his/her fee for the surgical procedure.

C.A.
Daryl was admitted to the hospital for surgery.  His family doctor was his attending physician, and knew that Daryl was an “early bird”, so he scheduled his visits with Daryl as his first stop at the hospital.  Since his hospital rounds would usually end in early afternoon, he would stop by and see Daryl on his way out.  When the bill was submitted to the insurer, the insurer would only pay for one visit a day by a doctor, which is typical of most Major Medical policies.

ADDITIONAL PHYSICIAN BENEFITS IN HOSPITAL

The coverages provided for physicians other than the attending physician, while the insured is in the hospital, may be separated out as in this illustration, or can be included in one benefits section of the policy.  The treatment of other physicians as shown is typical.

During an Inpatient Hospital stay, you may receive services by more than one Physician.  We will provide benefit payment to more than one Physician only if your Condition:

involves more than one body system; and
is so severe or complex that one Physician cannot provide your care unassisted; and In addition, the Physician must:
have different specialties or have the same specialty with different sub-specialties; and actively participate in your treatment.

SURGICAL SERVICES

Some policies cover all surgical services and procedures in one provision.  It should be noted that if complications arise, under this illustrated provision, there would be no separate reimbursement.  Sort of “You broke it, you fix it” type of provision.

This Contract covers surgery needed to diagnose or treat a Condition, when performed by a Physician acting within the scope of his or her license.  Complications, if they occur within 72 hours of the surgical procedure, are not separately reimbursed.

SIMULTANEOUS SURGICAL PROCEDURES

When more than one surgical procedure is performed, most policies treat them as shown in the following provision.


Multiple Surgical Procedures
Multiple surgical procedures are more than one surgical procedure performed on different areas of the body during the same operative session by the same Physician.  When the attending surgeon performs more than one procedure during a single operative session, benefits will be provided at the PPO Schedule or Allowance (whichever is applicable), for the primary surgical procedure.  Additional procedures will be reimbursed at 50% of the PPO Schedule or Allowance (whichever is applicable).

INCIDENTAL SURGICAL PROCEDURES

Some policies include this provision and the one proceeding into one provision.  The difference is that the Incidental Surgery is performed through the same incision.

Incidental surgical procedures are multiple (more than one) surgical procedures which are performed through the same incision.  If the surgical procedures are not clearly identified or do not add significant time or complexity to the surgical session, these procedures are considered to be incidental to the major surgical procedure.  Incidental surgical procedures are covered services but no separate reimbursement will be made for these procedures.  The Allowance for an incidental procedure will be included in the PPO Schedule or Allowance (whichever is applicable) for the major surgical procedure.

C.A.
An example of an incidental surgical procedure is the removal of an appendix during the same operative session in which a hysterectomy is performed.  The Allowance for the removal of the appendix is included in the PPO Schedule or Allowance (whichever is applicable) for the hysterectomy.  No additional benefit will be extended for the removal of the appendix.

PHYSICIAN SURGICAL ASSISTANT

Benefits for surgical assistants are usually a percentage of the surgical allowance (if PPO) or of the amount paid to the surgeon under the “Usual and Customary”, etc., provision.  The following provision is a PPO situation, as are most of the provisions as explained earlier.

This Contract provides benefits for the services of a Physician who acts as a surgical assistant provided:

the assistance is Medically Necessary; and
no intern, resident, or other staff Physician is available.

The reimbursement level for such surgical assistant is 20% of the Physician's surgical Allowance.  Benefits will be paid at the percentage of the PPO Schedule, or Allowance (whichever is applicable), specified on the Schedule of Benefits.
ANESTHESIA

Typically, the policy provides for anesthesia to be administered by a physician.  Policies may provide for anesthesia to be administered by a CRNA (nurse anesthetist).  Please note that this provision may appear conflicting with the previous section on the administration of anesthesia while in the hospital, but actually there is no conflict as this section concerns only Physicians services.

This Contract provides benefits for general anesthesia services when administered by a Physician, other than the operating Physician or his or her partner or associate, for covered surgical procedures.

C.A.
When Ann was undergoing at hysterectomy, she used the hospitals Anesthesiologist.  Her Major Medical policy covers benefits for general anesthesia when administered by a physician other than the operating physician
CONSULTATIONS

Second opinions are used in most cases where applicable because not only of the need for additional assistance, but also because of the fear of malpractice suits.  Most policies do pay for the second opinion but under certain conditions, similar to those contained in the following example.

Your Physician may request an Inpatient or Outpatient consultation concerning your Condition.
This Contract provides benefits for consultation services only if:
your attending Physician requests the consultation; and
the consulting Physician includes a written report in your Hospital record or provides your Physician with a written report.

Only one consultation from one consulting Physician will be covered per Condition.

C.A.
Maurie was always a pessimist, and when he was diagnosed as requiring immediate surgery, he demanded a second opinion after he was admitted to the hospital. The doctor considered his symptoms as “classic” and could not see the need for a second opinion as the surgery, while important, was relatively simple and one that he had performed hundreds of times without problems.
Maurie then personally called another doctor that was recommended by his brother-in-law, who confirmed the original doctors diagnosis and advised Maurie to have the surgery.
Since the attending physician had not requested a second opinion, the insurance company would not pay for a second doctor.


OUTPATIENT VISITS

This is a provision that seems to state the obvious but is legally necessary.  It is included in other provisions in many types of policies.

This Contract covers your Physician's or Medical Professional's Medically Necessary services for Outpatient Visits in connection with a Condition or covered Well Child Services.

DIAGNOSTIC SERVICES

Diagnostic services are frequently treated separately as coverages of these services vary by policy and by company.  They can also become quite expensive if a limit is not placed on these services.

This Contract provides benefits for the following diagnostic services, when performed by a Physician, to diagnose or treat a Condition.
x-rays, ultrasound, and computerized tomography (CAT Scan);
laboratory;
pathology;
approved machine testing, (i.e., electrocardiograms (EKG), electroencephalograms (EEG); and
allergy testing, by any method.  Our Allowance for allergy testing is based on the type and number of tests performed by the same Physician.

THERAPEUTIC SERVICES

This Contract provides benefits for the following therapeutic services when Medically Necessary.
Physical Therapy (in connection with a covered Condition)

Chemotherapy treatments for proven malignant disease, illness, or Condition if the disease, illness or Condition for which the drug or biological product is being administered is an indication for which the drug or biological product has received approval from the Federal Food and Drug Administration.

X-ray, cobalt and other acceptable forms of radiation therapy for treatment of proven malignant disease.

Electroshock therapy services will be provided when rendered by a Physician.  Payment of benefits for electroshock therapy is made in lieu of payment for any other medical services rendered on the same day electroshock therapy treatments are given by the Physician providing the medical services.
Allergy therapy is the treatment of allergies by the administration of antigens.  Our Allowance of the antigens is based on the type and number of doses per vial.

MAMMOGRAM SCREENING SERVICES

As discussed elsewhere, mammogram screening varies by state and by type of policy.  The following is a typical mammogram screening provision.

Mammogram Screening Services
The following mammogram-screening services are covered services when
furnished to an Insured and will not be subject to the Calendar Year Deductible and Coinsurance requirements of the Contract.

1. A baseline mammogram for any woman who is 35 years of age or older, but younger than 40  
      years of age;

2. A mammogram every two years for any woman who is 40 years of age or older, but younger
      than 50 years of age, or more frequently based upon a Physician's recommendation;

3. A mammogram every year for any woman who is 50 years of age or older; or

4. One or more mammograms a year, based upon a Physician's recommendation, for any woman
    who is at risk for breast cancer because of a personal or family history of breast cancer,  
    because of having a history of biopsy-proven benign breast disease, because of having a
    mother, sister, or daughter who has had breast cancer, or because a woman has not given
    birth before age 30.

Except for mammograms done more frequently than every two years for women 40 years of age or older, but younger than 50 years of age, benefits are payable when, with or without a prescription from a Physician, the Insured obtains a mammogram in a medical office, medical treatment facility or through a health testing service that uses radiological equipment registered with the Department of Health and Rehabilitative Services for breast-cancer screening.

C.A.
Many Major Medical policies now cover mammograms for females over age 35 and increasing by age, the number of mammograms approved each year.  However many states now allow mammograms when ordered by a physician, regardless of age.  Some policies make mammograms subject to deductibles and coinsurance, some waive the deductibles, and some policies waive both the deductible and the coinsurance.




OTHER COVERED BENEFITS

For illustrative services, additional benefits are covered under a separate provision.  These additional benefits are those that do not fit into one of the above categories, for instance, services and supplies which combine benefits from institutional and medical/surgical benefit, but are medically necessary.  They are all subject to the usual deductibles, coinsurance allowances, PPO schedules, etc.  Since these are repetitive, they are not listed but include Medical Emergency, Accident Care, Mental and Nervous Disorders, and Alcohol and Drug Dependency treatments.
COMPLICATIONS OF PREGNANCY

Complications of pregnancy and maternity benefits have been discussed earlier.  The coverages are, in almost all cases, shown separately as there have been many misunderstandings on this provision, and it can be an extremely costly provision.  On those plans that provide maternity benefits, there may or may not be a provision specifically addressing complications of pregnancy.  The following example provision assumes that there is no maternity coverage provided under the policy.

This Contract provides benefits for all Insureds for Complications of Pregnancy on the same basis as for any other Condition.
By Complications of Pregnancy, we mean a Condition diagnosed as separate from the pregnancy.  Complications include, but are not limited to, the following:
acute nephritis;
nephrosis;
cardiac decompensation;
missed abortion;
therapeutic abortion;
non-elective Cesarean section;
tubal pregnancy which is terminated;
miscarriages; or
medical and surgical Conditions of similar severity.
Complications of Pregnancy do not include:
false labor;
occasional spotting;
bed rest prescribed by a Physician;
morning sickness;
uncontrolled vomiting;
convulsions and high blood pressure; or
similar conditions associated with a difficult pregnancy.

NOTE: This Contract does not provide maternity benefits for a normal delivery.

C.A.
Melissa is covered under a Major Medical plan that does not cover maternity benefits for a normal delivery.
When she became pregnant with her first child, she had a rather difficult time as she was bothered by occasional spotting and morning sickness.  Her doctor made her stay in bed for the last 3 weeks of pregnancy.  At the time of delivery, it was determined that she must have a Cesarean section to deliver the baby.
When the claims were filed with the insurance company for the problems of pregnancy, such as spotting and morning sickness, and` her ultimate bed rest, were denied.  However, the services for the Cesarean section were paid under the policy, and are considered as complications of pregnancy.

STERILIZATION

This provision may be included with other coverages in some policies, but for illustrative purposes the following provision is shown.

This Contract provides benefits for tubal legations, when performed independently of any other surgical procedure, and vasectomies.

NEWBORN CARE AND TRANSPORTATION

Provisions for the care and treatment of newborn children are addressed separately to avoid misunderstanding, and again because of its potential cost.

This Contract provides benefits for the newborn of an Insured from the moment of birth for any Condition.  This coverage includes, but is not limited to, the following:
congenital defects;
birth abnormalities; and
prematurity.

This Contract provides benefits for the transportation of a covered Newborn Insured to the nearest Hospital appropriately staffed and equipped to treat the child's Condition.  The attending Physician as needed to protect the child’s health and safety must certify the need for transportation.

NOTE: A child born to a covered family member, other than the Contract Holder or the Contract Holder's spouse, is covered from the moment of birth for any Condition and Well Child Care Services up through 18 months only.  The length of time may vary by company, policy or jurisdiction.

C.A.
Even though the birth may be normal and there are no complications of pregnancy, if the baby suffers abnormalities at birth, the baby is covered and the resulting medical costs will be covered under most Major Medical policies.
In addition, even though the policy does not cover normal delivery, if the baby is born prematurely and must spend time in the nursery incubator, they are covered from birth and most policies will cover the medical care.

WELL CHILD CARE

Well-child care, also known as Well-baby care, varies by policy and company, but in many states, are standardized and closely follow the following illustration.

Health care services and supplies furnished to an Insured who is a dependent child which are Physician-delivered or Physician-supervised may be covered services.  Such services include:

Newborn's first examination in the Hospital.  The examination must be provided and billed by a Physician other than the delivering obstetrician or anesthesiologist.

periodic examinations, which include a history, physical examinations, developmental assessment and anticipatory guidance necessary to monitor the normal growth and development of a child;

oral and/or in actionable immunizations; and laboratory tests normally performed for a well child.

These services must conform with prevailing medical standards and will be limited to 18 Visits during a 16 year period at the following age intervals:

birth 15 months 6 years
2 months 18 months 8 years
4 months 2 years 1 0 years
6 months 3 years 12 years
9 months 4 years 14 years
12 months 5 years 16 years

These benefits will be limited to one visit per age interval and will not be subject to the Calendar Year Deductible, but will be paid at the Coinsurance percentage of the allowed amount specified in the Schedule of Benefits.  Additionally, the Calendar Year Deductible will not apply to the Newborn's initial Hospital admission.  To be eligible for payment of benefits, the services must be received within 90 days prior to or after the date the child reaches the age interval specified.

NOTE: A child born to a covered family member other than the Contract Holder or the Contract Holder's spouse, is covered from the moment of birth for any Well Child Care Services, up through 18 months only.

C.A.
Roy's family Major Medical policy provides well-child benefits.  His unmarried dependent daughter, age 19, delivers a healthy baby.  The initial checkup at the hospital by the family pediatrician would be covered, but not if performed by the obstetrician.  Well-child checkups and shots would continue according to a schedule until the baby is typically 18 months old, at which time these services cease since the mother is not the insured under the policy.  This provision is typical of many Major Medical plans, but in some policies and in some jurisdictions this does not appear and the baby would get full well-child benefits.

Typically, the well-child benefits are the waiving of the deductibles, but in most cases, the mother is still responsible for the coinsurance percentage.

AMBULANCE SERVICES

Ambulance service is covered similarly to that shown below, in most policies and in most states.

This Contract provides benefits for Medically Necessary Ambulance service when needed to transport you from:

a Hospital to the nearest Hospital or Skilled Nursing Facility that can provide proper care; or
a Hospital to your nearest home only when Ambulance service is Medically Necessary; or
your home or place of a Medical Emergency/Accident to the nearest Hospital that can provide proper care.

Transportation by water, airplane or helicopter will be paid at the PPO Schedule for a ground vehicle unless:
the pick-up point is inaccessible by a land vehicle; or additional speed is critical; or
the distance involved in getting the patient to the nearest Hospital with appropriate facilities is too far for medical safety, as determined by YOUR INSURANCE COMPANY.

C.A.
Sam was in a severe auto accident 35 miles from the nearest hospital.  Para-medics were summoned and it was determined that it was imperative that Sam be admitted to the hospital immediately.  They radioed for the hospital helicopter ambulance, who took Sam to the hospital.  It was conceded that this action probably saved Sam from paralysis and possibly death.  The policy provisions of his Major Medical plan allowed benefits if speed was critical, which was the situation here.

PRESCRIPTION DRUGS

Prescription drugs are usually covered while in the hospital, and in many states, for diabetics.  The limitations shown below are typical of these provisions.

Prescription Drugs prescribed for an Insured by a Physician and dispensed by a Pharmacist may be covered services.  The benefits for Prescription Drugs are subject to, in addition to all of the other provisions of this Contract, the following limitations:

a maximum quantity of a 31-day supply or 100 dosage units, whichever is greater, per Prescription;
authorized refills must be filled within one year from the original Prescription date;
insulin is limited to a two vial (10 ml. each) supply, per Prescription; and
disposable syringes when prescribed with a supply of insulin, limited to a one month supply or 100 units, whichever is greater, per Prescription.

PROSTHETIC DEVICES

The following provisions provide coverage for prosthetic devices, orthotic devices, and durable medical equipment.  These provisions are quite typical.
 
This Contract provides benefits to purchase, fit, adjust, repair or replace Prosthetic Devices, including the initial prosthetic device following a covered mastectomy.

This Contract does not provide benefits for dental appliances or for the replacement of cataract lenses.  However, we will provide the replacement of cataract lenses if a prescription change is Medically Necessary.

C.A.
Myrtle’s right leg was amputated as the result of an accident.  Her Major Medical policy covered Medically Necessary Prosthetic Devices, so she was fitted for an artificial leg and went through rehabilitation.  Later, another operation on the leg was necessary making it necessary to change the artificial leg.
Myrtle was a young single lady, and her appearance was very important to her.  She discovered that she could get one of the newest engineered artificial legs that would look much more normal than the one she had before.  However, the more realistic model cost over $500 more than one similar to what she had before, and that worked perfectly well.
Unfortunately the policy had a limitation which stated they would cover the most cost-effective device which would do the job.  Therefore, Myrtle would be responsible for the purchase of the more expensive leg, or the difference in cost if the prosthetic company would work with her.

ORTHOTIC DEVICES
This Contract provides benefits to purchase, fit, adjust, repair or replace Orthotic Devices.  This benefit does not include coverage for arch supplies or orthopedic shoes.
DURABLE MEDICAL EQUIPMENT
Durable Medical Equipment includes wheelchairs, crutches, hospital-type beds, and oxygen equipment, but does not include special devices for the operation or utilization of a motor vehicle (i.e., lift), hot tubs or Jacuzzis.


This Contract provides benefits for Durable Medical Equipment, when each of the following conditions are met:
the equipment must be prescribed by a Physician; and
the item is not useful to the patient in the absence of a Condition; and
the equipment does not, in whole or in part, serve as a comfort or convenience item.

Our Allowance for Durable Medical Equipment is based on the lowest of the following:
the purchase price; or
the lease/purchase price; or
the rental rate.  The total amount of rent must not exceed the total purchase price.

Also, we cover the repair or replacement of parts needed for the effective operation of the equipment if you own or are purchasing the equipment.


C.A.
Joseph was injured in an auto accident and after release from the hospital, was confined to a wheelchair.  Joseph will probably spend the majority of the coming year in the wheelchair.  His insurance company determined that it was less expensive to purchase the wheelchair than to lease it.  This fully met the requirements of durable medical equipment as provided under his policy.
Joseph purchased a van so that he could travel more comfortably.  He is a large man, so it was difficult for him to propel himself into the van, and it was impossible for his wife to push him into the van.  Therefore, he had a special wheelchair lift installed on the side of the van so that he could enter the van in his wheelchair. His policy contained a typical provision that excluded any special devices for the operation or utilization of a motor vehicle.  They would not pay for the wheelchair lift device.



SERVICES OUTSIDE OF THE UNITED STATES

Policies should be carefully studied as to whether any medical services received outside of the United States are covered, and if so, under what circumstances.

This Contract provides for Medically Necessary covered services you receive while you are traveling outside the United States.  Services received outside the United States which are Experimental or Investigational, in the opinion of YOUR INSURANCE COMPANY, will not be covered.



TRANSPLANT SERVICES AND SUPPLIES

These illustrative provisions are specific as to transplant services and supplies.  These may vary widely by policy, company and state regulations.

Transplant includes pre-transplant, transplant and post-discharge services, and treatment of complications after transplantation.  YOUR INSURANCE COMPANY will pay benefits only for services, care and treatment received or in connection with a:

1. Bone Marrow Transplant, as defined herein, and which may be specifically listed in the
appropriate state regulations or insurance codes, or which may be covered by Medicare as
described by publications by the Health Care Financing Administration (also see the
Definition of a Bone Marrow Transplant as shown in GENERAL TERMS);

2. corneal transplant;

3. heart transplant;

4. heart-lung combination transplant;

5. liver transplant;

6. kidney transplant;

7. pancreas transplant performed simultaneously with a kidney transplant; and

8.  lung-whole single or whole bilateral transplant.

In order to ensure that a proposed transplant is covered the Insured or the Insured's physician should notify YOUR INSURANCE COMPANY in advance of the Insured's initial evaluation for the procedure.  Corneal transplants do not require prior benefit determination.

YOUR INSURANCE COMPANY's Medical Affairs Department will make a prior benefit determination concerning the proposed transplant, however, YOUR INSURANCE COMPANY must be given the opportunity to evaluate the clinical results of the Insured's initial evaluation for the transplant as well as any applicable protocols.  If YOUR INSURANCE COMPANY is not given an opportunity to make the prior benefit determination, the transplant may be subject to a reduction in payment in accordance with the rules set forth in the Admission Certification section, if applicable.  Once coverage for the transplant is predetermined, YOUR INSURANCE COMPANY's Medical Affairs Department will advise the Insured or the Insured's Physician of the coverage decision.

For covered transplants, and all related complications, YOUR INSURANCE COMPANY will cover:

1 . Hospital expenses and Physician's expenses provided that such services will be paid in accordance with the same terms and conditions for care and treatment of any other covered Condition.

2. Organ acquisition and donor costs.  Donor costs are not payable if they are covered in whole or in part by any other insurance carrier, organization or person other than the donor's family or estate.

No benefit is payable for or in connection with a transplant if:
1 . The transplant is excluded.
2. The expense relates to the transplantation of any non-human organ or tissue.
3. The expense relates to the donation or acquisition of an organ or tissue to a recipient who is not covered by YOUR INSURANCE COMPANY.

The following services/supplies/expenses are also not covered: Artificial heart devices used as a bridge to transplant.
Insureds may call the Customer Service Assistance toll free number indicated on their identification card in order to determine which Bone Marrow Transplants are covered under this Endorsement.

C.A.
Paul went to the hospital for kidney stone surgery.  Pre-surgery tests indicated that there was mass on one of his kidneys, which tests proved to be cancerous.  Later tests indicated that the other kidney had also been so affected.  The doctors determined that he must either have kidney transplant, or spend a lifetime as a kidney dialysis patient.  Paul was only 45 years old, in otherwise excellent health, with no apparent mental or physical disorders.  He was considered as an excellent candidate for a kidney transplant.
Paul's brother was found to be a perfect match for a replacement and agreed to the transplant.  However, his brother had been out of work for some time and had lost his health insurance.
Typically, Paul's Major Medical policy will cover the cost of the transplant, including reasonable costs for the acquisition from a donor, so his brother should occur no, or very small, medical costs.



COST CONTAINMENT PROGRAMS

“Cost Containment” programs, as used in this provision cited here, is a form of Managed Care, and is very prevalent in the health insurance industry today.  There is so much misunderstanding of Managed Care and how it operates, that a provision such as this is very much in order.  Some policies may not have these types of programs, or may not address them separately.  For those that do, the following wording is typical.

Any and all decisions made by YOUR INSURANCE COMPANY in administering these programs are made only to determine the benefits, if any, for covered services under this Contract.  Any and all decisions that pertain to the medical care provided to an Insured or the setting in which the medical care is provided, are made solely by the Insured and the Insured's health care Provider in accordance with the normal patient/health care Provider relationship.  YOUR INSURANCE COMPANY in no way participates in or overrides such medical decisions, but merely determines the level of payment, if any, for the medical care under this Contract.

All requests for forms, certifications, and certification reviews must be directed to the Utilization Management Department of YOUR INSURANCE COMPANY.

NOTE: Notwithstanding the cost containment programs described herein, YOUR INSURANCE COMPANY reserves the right to deny claims for services and supplies at any time during the claims review process.  Any YOUR INSURANCE COMPANY determination that an admission is certified does not mean that services and supplies rendered during the admission are covered services payable under this Contract, but merely means that the Hospital setting is appropriate for rendering those services and supplies.  YOUR INSURANCE COMPANY makes all claims payment decisions retrospectively during the claims review process.

ADMISSION CERTIFICATION

Fee-for-Service plans would treat this subject differently, as the need for PPO hospitals would not be present.  Rarely does a major medical policy not have some provision for pre-admittance requirements.

Admission Certification means certification must be received from YOUR INSURANCE COMPANY to receive full Contract benefits for ALL Inpatient Hospital Admissions (i.e., elective, planned, emergency and maternity) to PPO Hospitals.

The Admission Certification program requirements for admissions to PPO Hospitals are the PPO Provider's sole responsibility, therefore, the Insured is not responsible for satisfying such requirements or for any potential benefit reductions when the Insured is admitted to a PPO Hospital.

Once YOUR INSURANCE COMPANY has received the necessary medical information, YOUR INSURANCE COMPANY will review the information and make a certification decision based upon the Admission Certification program's established clinical criteria then in effect.

For Admissions to PPO Hospitals which are not certified, payment to the PPO Hospital will be reduced by the amount specified in that PPO Hospital's Contract with YOUR INSURANCE COMPANY .

Any and all decisions made by YOUR INSURANCE COMPANY in administering this program are made only to determine the appropriateness of care and/or the appropriateness of setting for that care delivered to the Insured for purposes of payment under this Contract.

Certification must be received from YOUR INSURANCE COMPANY to receive full Contract benefits for elective and/or Planned Inpatient Admissions to any Hospital by PPO Physicians.

The Admission Certification program requirements for elective and/or Planned Admissions by PPO Physicians are the PPO Physician's sole responsibility; therefore, the Insured is not responsible for satisfying such requirements or for any potential benefit reductions when the Insured is admitted by a PPO Physician.

C.A.
Sid's Major Medical PPO policy listed Dr. Smith and the Manfield General Hospital as approved Providers.  When Sid needed hospitalization, Dr. Smith filled out some preliminary papers for certification to the Manfield General.  The Insurer required additional information which was not sent by Dr. Smith.  Therefore, the insurer would not pay for all of the medical services provided by the hospital, and such shortages were billed to Sid.  The insurance company intervened and stated that according to the contract` with the PPO Providers, and according to the policy provisions, any benefit reductions that were caused by the action of the PPO Provider, is not the responsibility of the insured.  The doctor and the hospital therefore, worked out an agreement for payment of these expenses.
Assume that Sid's admission request was refused by the insurance company and that the operation was for a hemorrhoidectomy.  In many cases this could be performed in the doctors office.  However Sid suffered from a nervous condition that would require him to be under anesthesia for some time after an operation, and which therefore should properly be performed in a hospital.  Further, Sid had a pacemaker and was on heart medication, such facts not reported to the insurer.  Therefore, an appeal was made to the insurance company.  The Insurance Company reviewed the additional information and approved the admission.
Because of Sid's condition, Sid wanted to stay an additional two or three days in the hospital to make sure that his nervous condition or his heart condition, did not cause additional health problems.  The Insurance Company was monitoring his condition under the Concurrent Review provisions of his policy, and they notified Sid and his doctor, that if Sid would stay in the hospital, his benefits would be denied for the additional days.  However, if he would go to the doctors office daily, they would cover the doctors office visits, etc.


APPEALS PROCESS

It is rare that there are conflicts between a physician and the insurance company regarding admission to hospitals, however there must be a provision for appeal in case there are conflicts.  A sample of such provision wording appears below.

The Insured and the PPO Provider have the right to appeal the Admission Certification decision.  Appeal requests must be submitted to YOUR INSURANCE COMPANY, in writing, within 90 days of receipt of decision notice.  A request for review should include any additional information pertinent to the admission and/or medical services in question.

The Utilization Management Department will review the appeal to determine if the admission met the objective criteria.  If the criteria were met, the admission will be certified.  If there is no additional information which would allow the admission to be certified, the initial decision will be upheld.

INPATIENT CONCURRENT REVIEW

“Concurrent Review” is a Managed Care concept which monitors the appropriateness of an individual remaining in the hospital.  These may or may not be implemented and administered at any time that the insured is on an in-patient basis.

Concurrent Review of an Inpatient admission may be initiated by YOUR INSURANCE COMPANY to monitor the appropriateness of continued hospitalization.  Using pre-established review criteria, Concurrent Review of the Hospital stay may occur at regular intervals.  In those instances where YOUR INSURANCE COMPANY administers the program, YOUR INSURANCE COMPANY will provide the Insured's Physician with notification when YOUR INSURANCE COMPANY's criteria under this program for payment for continued Inpatient care is no longer met.  For Hospital days which are not certified, the Insured has two options:

The Insured may continue with the Hospital stay, however, payment will be denied for those days determined by YOUR INSURANCE COMPANY not to be Medically Necessary; or

The Insured may elect Outpatient treatment, in which case, Contract benefits for Medically Necessary Outpatient care will be provided.

The process to appeal a Concurrent Review decision is the same as the Appeal Process for Admission Certification.


DISCHARGE PLANNING

Discharge planning is another Managed Care technique and provides for benefits once a person has been discharged from the hospital.  The purpose is to assist in reducing unnecessary hospital stays by planning for treatment when discharged at the earliest possible date.

Discharge Planning is a program which identifies an Insured's potential need for health care treatment following hospitalization.  YOUR INSURANCE COMPANY will use established criteria to identify potential need for services or supplies following discharge from the Hospital.  When potential discharge planning services or supplies are identified, YOUR INSURANCE COMPANY will contact the Insured, the Physician and the Hospital.

YOUR INSURANCE COMPANY will also assist in the discharge planning process by helping to identify, for the Insured's Physician and Hospital, alternative services available within the Insured's community which provide health care services or supplies following hospitalization.  Additionally, if the Insured's Physician or Hospital has questions regarding overall benefit coverage for services after discharge, YOUR INSURANCE COMPANY will provide this information.

CASE MANAGEMENT PROGRAM

Case Management is one of the foundations of Managed Care, but is voluntary, as described below.  This is a popular provision on most Major Medical policies.

The Case Management program is a voluntary service which emphasizes individual case attention.  It is designed to review Hospital admissions with particular emphasis on catastrophic or chronic illnesses and/or injuries.  This review process helps to determine if an alternative setting for recovery may be appropriate or if coordination of services could avert future Medically Necessary admissions.

YOUR INSURANCE COMPANY may elect to offer alternative benefits through its voluntary Individual Benefits Management program for cost-effective services and supplies not otherwise specified as covered under this Contract.  Alternative benefits may be made available on a case-by-case basis to individual Insureds.  All eligibility decisions will be made solely by YOUR INSURANCE COMPANY.  Such alternative benefits, if offered, will be offered in accordance with an alternative treatment plan with which the Insured, or the lnsured's representative, and the lnsured's Physician concur in writing.

Offering to provide or the providing of alternative benefits in one instance shall not obligate YOUR INSURANCE COMPANY to provide the same or similar benefits to the Insured, or to any other Insured, in another instance.  Nothing herein shall be deemed a waiver of YOUR INSURANCE COMPANY's right to enforce this Contract in strict accordance with its express terms and conditions, and all provisions in this Contract, except those specifically changed under this program, continue to apply.

NOTE: Regardless of the cost containment programs described above, the insurance company still reserves the right to deny claims for services and supplies at any time during the claims review process.  Also, the insurance company does not waive its right to enforce the terms of the Contract (e.g., the exclusions) by administering these programs.  For example, if an admission is certified under the Admission Certification program, the insurance company will deny claims for non-medically necessary services or supplies rendered during that admission.

MAJOR MEDICAL POLICY PROVISIONS


To fully understand the benefits offered under the Major Medical Policy, the provisions illustrated are typical of policies offered by major health insurance organization.  Please understand that laws vary widely by jurisdiction, and some of the policy provisions shown below may not specifically apply in your state.  Conversely, your state may have requirements that are not shown in this discussion.

Provision wording is very similar to either individual or group coverage. As a general rule, provisions in a group policy are more liberal as they are more susceptible too political and consumer influence and with a larger base of risk, pricing can become more definitive.  In addition, employers, especially large employers, can dictate more easily the terms of certain popular coverages.  For instance, individual policies rarely cover maternity benefits except by rider at an additional cost.  Group policies almost always either offer or include maternity benefits.  (Some states now require that maternity benefits be covered by ALL group health insurance plans).

Wording will also vary by type of health insurance.  The provisions discussed below are from a “Preferred Provider Organization” (PPO – discussed in detail later in this text) whereby the insurance company pays the Providers (doctors, nurses, hospitals, etc.) directly based upon a contractual agreement.  The “Fee – for – Service” type of contract differs in that the insurer pays the Providers directly, outside of a contract, and pays on a “usual and customary”, or “reasonable and customary” basis.  Other than the payment basis provision, the policies are quite similar.  Of course a Health Maintenance Organization (HMO) would have different wording, as at the very least, the relationship between the HMO and the “insured” or “policyholder” is different.

It is not possible to identify all of the health insurance changes that has occurred, or to accurately forecast future changes.  However, once the basics of providing needed health care is understood, changes can be more accurately anticipated and the relationships between existing programs and new programs can be more easily assimilated.

C.A.
Sam left his employer  and has to purchase an individual health policy.  He is not familiar with the various plans available today.  He asks his agent for assistance.
Sam has expressed an interest in continuing with the same doctor he has had for the past 20 years.  The agent explains that a “Point of  Service” plan allows full flexibility to choose his doctor and hospitals.  The disadvantage is that it is more expensive than other plans, and it will pay on a “usual and reasonable” basis, meaning that Sam may have to pay the difference out of his own pocket.
A reasonable alternative is a Preferred Provider Organization (PPO) plan.  The disadvantage is that he would want to use the Providers “in the book” or                                    (Continued)

pay a higher percentage of costs after the deductible has been satisfied.  The major advantage is that the Providers will all accept what the insurer pays, so there is less chance of Sam having to pay some of the medical expenses out of his own pocket.  However, he has a wide choice of doctors, and there is a good possibility of Sam's doctor being an approved Provider.
Another popular plan is an HMO.  Dollar-for-dollar, it probably is the best buy.  However, the list of approved Providers (Primary Care Physicians) is quite limited, and all medical referrals must be made through the PCP.

NOTE:  The wording of the provisions sections immediately following, are typical of Preferred Provider Organizations (PPO’s) and would not appear in this fashion in a Fee-for-Service policy, or an HMO.  The PPO example is used as they have become increasingly popular as they provide considerable flexibility to the policyholders in comparison with an HMO.

ALSO NOTE:  Hereafter in this text, Sample or Illustrative provisions will be italicized, and Comments regarding such provisions will normally precede the actual illustration and will be in normal type.  Significant and important information will be shaded.




MAJOR MEDICAL INSURANCE CONTRACT

The following text is typical of the language and provisions used on the first page of the Major Medical policy.  Much of this information is required by state regulations and may vary by state.

IMPORTANT NOTICE
 (NOTE:  In most, if not all, jurisdictions, the copy of the Application becomes part of the insurance contract/policy, again stressing the necessity of complete and accurate information on the Application)


Please carefully read the copy of your application attached to this Contract and notify Your Insurance Company, Inc. within 10 days if any information on it is incorrect or incomplete, or if any past medical history has been left out of the application.  Your application is a part of your Contract, which has been issued on the basis that the answers to all questions and all information shown on the application are correct and complete.

This Contract Contains a Deductible Provision
(This statement required in most jurisdictions when applicable)

(The following is the Identification section, and while the format may vary by company, it is the minimum required in most jurisdictions)

CONTRACT NUMBER: GROUP #
CONTRACT TYPE:
EFFECTIVE DATE:
MONTHLY RATE:

During the terms of this Contract, Your Insurance Company agrees to provide to covered individuals the health insurance benefits specifically provided in this Contract, subject to all the terms, conditions, limitations, and exclusions.

(The following refund statement or one very similar is used in used in most states, but this “10-day – no questions asked” provision is the most typical)
IF, AFTER EXAMINATION OF THIS CONTRACT AND COPY OF YOUR APPLICATION, YOU ARE NOT FULLY SATISFIED FOR ANY REASON, YOUR PREMIUM PAYMENT WILL BE REFUNDED PROVIDED YOU RETURN THE CONTRACT AND IDENTIFICATION CARDS TO YOUR INSURANCE COMPANY, INC. WITHIN 10 DAYS OF THE DELIVERY DATE. (THIS REFUND DOES NOT INCLUDE A REFUND OF THE APPLICATION FEE)


CANCELLATION PROVISION
This provision allows the company to cancel according to the provisions contained in the contract, but most states require that a statement of this type be on the first page.

This Contract will stay in effect as long as you remain eligible for coverage and you pay your Premiums on time, This Contract can be canceled if you have made a Fraudulent or Material Misrepresentation or omission on your application or we terminate the Contract for everyone covered by it.

We want you to understand and be satisfied with the terms of this Contract.  As you read through it, remember that the words "we", "us" and "our" refer to Your Insurance Company, Inc., the insurer (hereinafter referred to as YOUR INSURANCE COMPANY).  We use the words "you" and "your" to mean you, the Insured and your Covered Dependents.

We have issued this Contract in return for the completed application (which is made a part of this Contract) and initial Premium payment.

(NOTE:  The above typically completes the first page of the contract.  In some states, if a company is marketing their health insurance policies from an out-of-state trust (ERISA account), thereby removing or restricting the authority of the Department of Insurance to act in regards to that policy, some notification may be required.  One state requires a statement to appear in red ink on the first page, which states essentially that the provisions of that policy are under the jurisdiction of another state other than the one in which the policy is issued.  )

SCHEDULE OF BENEFITS (EXAMPLE)

TOTAL LIFETIME MAXIMUM BENEFIT PER INSURED,............................$1,000000

HOSPITAL INPATIENT DAYS PER INSURED PER CALENDAR YEAR:......Unlimited

INDIVIDUAL MAXIMUM DEDUCTIBLE AMOUNT PER CALENDAR YEAR......$1,000
(Applies to each Covered Insured.)
(These amounts are rather typical but can vary depending upon policy, company and state)
COINSURANCE PERCENTAGE PAYABLE BY YOUR INSURANCE COMPANY FOR COVERED SERVICES AND/OR SUPPLIES

To reiterate:  The following language, and most of the language used in these provisions, are typically those used in a Preferred Provider (PPO) policy.  Statements referring to “Service Area” and PPO organizations, etc., would not appear in a Fee for Service or HMO policy.
(The coinsurance provisions assume an 80/20 PPO plan with 60/40 when non-PPO Providers are used.)

For Insureds who resided in a Service Area at the time the service or supply was rendered, and for Insureds who received the service or supply in a Service Area:

Preferred Patient  (PPO) Hospitals, Preferred Patient  (PPO) Physicians, and all Medical Professionals and Suppliers...80% of the applicable Preferred Patient  (PPO) Schedule;

Non-PPO Hospitals and Non-PPO Physicians ... 60% of the average of the PPO Schedule(s) for the applicable Service Area;

(NOTE:  The limited coinsurance does not automatically mean that an insured will be liable for only 40% of the bill when treated by a non-PPO Provider under this provision.  Pay close attention to the wording:  “60% of the average of the … schedule.  This means that since the company has no contract with the Provider as to allowances, then an insured could easily pay more than the 40%, as the company only pays 60% of the average of the schedule, which in many cases, is lower than the Provider charges.  The insured is responsible for the difference!)

Skilled Nursing Facilities and Home Health Agencies ... 80% of the Allowance;

For Insureds who did not reside in a Service Area at the time the service or supply was rendered and did not receive the service or supply in a Service Area:

All services and supplies from all Providers ... 80% of the Allowance.

Those who reside within the Service Area who elect to receive medical treatment outside the Service area ... 60% of the Allowance.

NOTE: Please refer to your PPO Directory (and updates) to determine which Providers are PPO Providers.

(It is still the responsibility of the INSURED to make sure that the Provider is still contracted with the insurer.  Insured’s should ALWAYS verify the Provider standing as the list changes periodically.
INDIVIDUAL MAXIMUM OUT OF POCKET COINSURANCE EXPENSE
AMOUNT PER CALENDAR YEAR (Applies to each Covered Insured.) $XXXX

Maximum Out-of-Pocket Coinsurance Expense does not include (1) the amount applied toward the Deductible, (2) any benefit reduction, non-covered services, (3) your Coinsurance amount for covered services and supplies for Inpatient and Outpatient Mental and Nervous Disorders and Inpatient Alcohol and Drug Dependency, (4) your Coinsurance amount for covered services of a Non-Preferred Patient  Hospital or Physician, or charges in excess of the PPO Schedule or Allowance (whichever is applicable), unless related to covered Medical Emergency/Accident Care services and supplies.  These amounts are your responsibility.

MEDICAL EMERGENCY & OR ACCIDENT CARE

This provision is frequently used and states simply that a medical emergency or medical charges as the result of an accident, are treated as being within the PPO.

Services by a Preferred Patient  Provider ... 80% of the Preferred Patient  Schedule

Services by a Non-Preferred Patient Provider In or Outside of the Service Area ... 80% of the Allowance

For An Insured Residing In the Service Area and Traveling Out of Area:  Paid as a Medical Emergency

GENERAL TERMS
Accident:  An unintentional, unexpected event, other than the acute onset of a bodily infirmity or disease, which results in traumatic injury.  Some examples include, but are not limited to, serious burns and poisoning.

Medical Emergency:  The sudden, unexpected onset of a Condition of such a severe nature that immediate care must be given to prevent death of the Insured or serious impairment of the Insured's health or bodily function as determined by YOUR INSURANCE COMPANY.  Some examples include but are not limited to the following: unusual or excessive bleeding and convulsions.



DEFINITIONS

Definitions are provided by regulations by most states, as a result of attempts to make the insurance policies more “friendly” to the consumer.  You will note the informality of the wording in the contract, used in most, if not all, jurisdictions

The following section provides you with the definition of many Providers and the meaning of many of the terms we use in this Contract.  If you read this section carefully, you will better understand the rest of this Contract.

The first part of this section defines covered Providers and the second part of this section defines general terms.


PROVIDERS

An Ambulatory Surgical Center is a Facility properly licensed pursuant to State Statutes, or other states' applicable laws, the primary purpose of which is to provide elective surgical care to a patient, admitted to and discharged from such Facility within the same working day, and such Facility is not a part of a Hospital.

A Certified Registered Nurse Anesthetist is a properly licensed nurse who is a certified advanced registered practitioner within the nurse anesthetist category pursuant to State Statutes, or other states' applicable laws.

A Home Health Agency is a state-licensed public agency or private organization which has been approved for payment by us and which provides Home Health Services and other services to people who are essentially confined at home (home bound).  This treatment takes the place of continued Hospital care.  A Home Health Agency may operate independently or as part of a general Hospital and must be approved for payment by us.

Home Health Services are health and medical services and supplies, furnished to an Individual, by a Home Health Agency or others under arrangements with the Home Health Agency, on a visiting basis, in the Individual's home.

Hospital
The term Hospital means an institution, licensed as a Hospital and operating pursuant to law, which has been recognized as a Hospital approved for payment by us and which:
provides Inpatient services and is compensated by or on behalf of its patients;
primarily provides medical and surgical facilities to diagnose, treat, and care for the injured and sick;
has a staff of Physicians licensed to practice medicine;
provides nursing care by or under the supervision of Registered Nurses on duty 24 hours a day;
The term Hospital does not include:

an Ambulatory Surgical Center, as defined by and licensed under State law;
a convalescent, rest, or nursing home;
facilities primarily providing custodial, educational or Rehabilitative Care; birthing centers, or
A Veterans Hospital or a Hospital contracted for or operated by the national government for treatment of members or ex-members of the Armed Forces.

NOTE: If services specifically for the treatment of a physical disability are provided in a licensed Hospital which is accredited by the Joint Commission on the Accreditation of Hospitals, The American Osteopathic Association, or the Commission on the Accreditation of Rehabilitative Facilities, payment for these services will not be denied solely because such Hospital lacks major surgical facilities and is primarily of a rehabilitative nature.  Recognition of these facilities does not expand the scope of benefits provided by this Contract, it only expands the settings where covered Contract services may be performed.

Maximum Skilled Nursing Facility Days Per Insured Per Calendar Year: 60 (example)

Maximum Home Health Care Visits Per Insured Per Calendar Year: 60 (example)
(up to 2 hours per Visit)



MENTAL AND NERVOUS DISORDER
Lifetime Maximum Benefit $10,000
Many, if not most, policies have some restrictions on Mental and Nervous Disorders, and Alcohol and Drug Dependency benefits.  There continues to be political pressure to increase these limitations, or to remove them entirely.

Inpatient Care - Inpatient days and Inpatient medical Visits in a Hospital, to a maximum of 30 days/30 Visits or a maximum payment of $2,000 per Calendar Year, whichever occurs first, for treatment provided by a Physician or Psychologist.  Your Coinsurance responsibility for covered services and supplies rendered by a PPO Psychiatric Facility will be based upon the PPO Schedule amount or the Facility's charge(s), whichever is lower.

Outpatient Care - Maximum of 30 Visits or maximum payment of $600 per Calendar Year, whichever occurs first, for treatment provided by a Physician or Psychologist.




C.A.
Bills wife, Ann, was covered under his policy.  After her fathers death, she became very distraught and after several weeks, she started believing that her father was talking to her every day.  She went to a psychiatrist and it was determined that she needed psychiatric care.
She visited the Sunnyside Clinic on an outpatient basis three times a week for 6 weeks.  Her bill for this treatment was $900 ($50 per cession).  Her condition worsened and she entered the Sunnyside Mental Hospital for treatment and remained there for 30 days when she was discharged.  Her total bill for that period of time was $9,000.
Her policy only paid for 30 days or 30 visits to a hospital for mental or nervous disorders, with a maximum of $2,000 per calendar year.  For the outpatient visits, the limits were maximum of 30 visits, or maximum of $600 per year.
Her policy had a $500 deductible, 80/20 coinsurance with out-of-pocket of $1500.  Therefore, the outpatient visits satisfied her deductible and left $400 for coinsurance.  The company paid 80% or $320.
For the hospital charges, the company paid 80% of $9,000, or $7,200.
The insured, Ann, was liable for 20% of $400 ($80) for outpatient, and 20% of $9,000, or $1,800.  Since the maximum out of pocket was $1500, and she paid a total of $1,880, the insurance company paid an additional $330.  Ann was also liable for the difference between what the clinic and hospital charged, and the policy limits.  Therefore, she was also liable for $300 for the clinic and $7,000 for the hospital.  The total amount that Ann must pay is $9,300 (deductible $500; out of pocket $1500 and excess charges of $7,300).
(Please Note:  Many policies have provisions regarding out-of-pocket expenses, which do not consider medical expenses for mental and nervous disorder for the out-of-pocket maximum [as discussed later in this text].  Therefore, in that situation Ann would owe an additional $330).


ALCOHOL AND DRUG DEPENDENCY LIFETIME MAXIMUM BENEFIT
$2,000 (Inpatient, Outpatient or any combination of these benefits)

Inpatient Care - Inpatient days and Inpatient Visits are paid up to the lifetime maximum, for treatment provided in a general, specialty or Rehabilitative Hospital.  Your Coinsurance responsibility for covered services and supplies rendered by a PPO Substance Abuse Facility will be based upon the PPO Schedule amount or the PPO Substance Abuse Facility's charge(s), whichever is lower.

Outpatient Care - Lifetime Maximum of 44 Outpatient Visits will be paid up to a maximum of $35 per Visit for treatment provided by a Physician or Psychologist.

(NOTE:  Most policies state that detoxification shall not be considered as a benefit under this outpatient program)



ADMISSION CERTIFICATION

Admission Certification is required on all Admissions to a PPO Hospital.  For non-certified admissions to PPO Hospitals, the penalty is a reduction in payment to the PPO Hospital by the amount specified in that PPO Hospital's Contract with YOUR INSURANCE COMPANY.  This reduction will be the responsibility of the PPO Hospital and Physician, and will not affect your benefits.
NOTE: This Contract contains a Qualified Exclusion For Expenses Related to AIDS or ARC.

An Independent Clinical Laboratory is a laboratory properly licensed pursuant to State Statutes, or other states' applicable laws, where examinations are performed on materials or specimens taken from the human body to provide information or materials used in the diagnosis, prevention, or treatment of a Condition.

A Licensed Practical Nurse is a person properly licensed to practice practical nursing pursuant to State Statutes, or other states' applicable laws.

A Massage Therapist is a person properly licensed to practice massage, pursuant to State Statutes, or other states' applicable laws.

A Medical Professional is any person, other than a Physician, who is duly licensed by the state in which the person is engaged in the practice of their health care specialty, and is recognized by for payment purposes (for example, Registered Nurse (RN), Licensed Practical Nurse (LPN), Registered Physical Therapist (RPT), Psychologist, Occupational Therapist, Speech Therapist, or Pharmacist).

An Occupational Therapist is a person who is duly licensed by the state in which the person is engaged in the practice of Occupational Therapy.

A Pharmacy is an establishment licensed as a pharmacy pursuant to State Statutes, or other states' applicable laws.

A Pharmacist is a person properly licensed to practice the profession of pharmacy pursuant to State Statutes, or other states' applicable laws.

A Physical Therapist is a person properly licensed to practice physical therapy pursuant to State Statutes, or other states' applicable laws.

The title Physician includes individuals practicing medicine and licensed, or;

Doctor of Medicine (M.D.) or Doctor of Osteopathy (D.O.)
Doctor of Dental Surgery (D.D.S.) or (D.M.D.);
Doctor of Podiatric Medicine (D.P.M.);
Optometrist (O.D.); and
Chiropractor (D.C.)      -   (all above) when acting within the scope of their licenses.

C.A.
Marie LaBeau suffered from stomach pains and had been treated by a gastroenterologist (M.D.) but he was unable to offer much relief.  Her sister had suffered similar discomfort some months previously, but seemed to have been cured by taking a treatment of herbs and vitamins.  Marie's doctor refused to prescribe any such treatment, calling it “quackery.”
Marie decided to take matters into her own hands, and went to the “Doctor” who claimed to be a Doctor of Naturapath Healing (N.D.).  He prescribed certain vitamins and herbs and a diet that would help her, and after 3 weeks of this treatment her stomach pain left, and as long as she stayed essentially on the diet and took the prescribed herbs and vitamins, she felt that she was cured.
Since her policy had a definition of Physician that did not mention a ND, they would not cover this treatment, even though her gastroenterologist later confirmed that her problems no longer existed.  The gastroenterologist, being a Medical Doctor, was paid for his services under the policy.

A Psychiatric Facility is a Facility properly licensed under State law, to provide necessary care and treatment for Mental and Nervous Disorders.  For purposes of the Contract, a Psychiatric Facility is not a Hospital.

A Psychiatrist is a Physician who is licensed to practice medicine and who specializes in the study and treatment of mental disorders.

A Psychologist is a person properly licensed to practice psychology pursuant to State Statutes, or other states' applicable laws.

A Registered Nurse (RN) is a person properly licensed to practice professional nursing pursuant to State Statutes, or other states' applicable laws.

A Skilled Nursing Facility is a state-licensed institution which provides 24 hour nursing care for a patient whose Condition does not warrant hospitalization and has been approved for payment by us.  The Facility can operate independently or as part of a Hospital.

A Speech Therapist is a person properly licensed to practice speech therapy pursuant to State Statutes, or other states' applicable laws.

A Substance Abuse Facility is a Facility properly licensed under State law, or other states' applicable law, to provide necessary care and treatment for Alcohol or Drug Dependency.  For purposes of the Contract, a Substance Abuse Facility is not a Hospital.

We do not supply you with a Physician, Hospital, Home Health Agency, or Skilled Nursing Facility. You may select your own Provider.  We are not responsible for any injuries or damage you may suffer due to the actions of a Provider.

C.A.
Mrs. Johannsen had a heart attack and was taken to the Emergency Room.  She had no family doctor and had not seen a doctor for many years.  After being released by the Emergency Room she picked a doctor from the book of Preferred` Providers furnished her by her insurance company.  The` doctor referred her to a heart specialist, also on the PPO list, who recommended` that she have a by-pass at the local hospital (also a PPO Provider).
During the surgery, a nerve was severed, resulting in paralysis of her left arm, hand and shoulder. Her attorney also sued the insurance company, claiming that the insurance company “made” her use the doctor and hospital, both of which were responsible for her paralysis.  They contended that because the insured would have to pay a higher portion of the medical bills if she chose a doctor outside of the` network, and the other doctors would charge more than the PPO doctors would.
The attorney did not succeed in his suit against the insurance company as there was no restrictions in the policy in the Providers to be used, plus the policy plainly stated that the insurer does not furnish the insured with a doctor or hospital, and the insured may always select their own Provider.  Further, there is a statement, highlighted in a prominent position in the policy, that states they (the insurer) are not responsible for any injuries or damage you may suffer due to the actions of a Provider.



GENERAL TERMS
NOTE:  There are a lot of items under this section, but these terms will be used later in the policy, particularly in the Benefits section.  Therefore, there is little in the way of Consumer Applications that is applicable here, however all agents that market Health Insurance should be familiar with the following terminology.

Accident - see Medical Emergency.

Admission Certification means certification must be received from YOUR INSURANCE COMPANY to receive full Contract benefits for ALL Inpatient Hospitals Admissions (i.e., elective, planned, emergency and maternity) to PPO Hospitals.

Adoption or Adopt is the act of creating the legal relationship between parent and child where it did not exist, thereby declaring the child to be legally the child of the adopted parents and their heir-at-law and entitled to all the rights and privileges and subject to all the obligations of a child born to such adopted parents, or as otherwise defined by State Statutes.

Alcohol or Drug Dependency is a Condition where a person's alcohol or drug use:
* injures his or her health; or
* interferes with his or her social or economic functioning; or
* causes the individual to lose self-control.

A person is Drug Dependent when he or she is dependent on or in imminent danger of becoming dependent on any controlled substance.

Allowance is, when applicable as indicated on the Schedule of Benefits, the maximum benefit YOUR INSURANCE COMPANY will provide for covered services and/or supplies under this Contract.  This amount is determined solely by YOUR INSURANCE COMPANY, and may vary depending upon many factors, including, but not limited to: the type of Provider; the type of service or supply; the geographic area in which the service was rendered; the charge(s) of the Provider; the charge(s) of similar Providers within a particular geographic area, as established by YOUR INSURANCE COMPANY; various pre-negotiated payment Allowances; and the cost of providing the services or supplies.  However, for Providers other than Hospitals, the Allowance or maximum allowable payment ("MAP") will not be greater than the Provider's charge(s).  YOUR INSURANCE COMPANY may modify the Allowance for a particular service or supply at any time.

Ambulance is a ground or water vehicle, airplane, or helicopter equipped to transport and staffed to provide Medically Necessary care.  The Ambulance must be state-certified.

The Anniversary Date is the annual return of the Effective Date of this Contract.

Assign Benefits is a procedure where you assign your Benefits to certain Providers.  In those instances where such assignment is allowed under this Contract, you must sign the claim form in the appropriate space indicating that you want payment to be made directly to the Provider.3

Bone Marrow Transplants means human blood precursor cells administered to a patient to restore normal hematological and immunological functions.  Human blood precursor cells may be obtained from the patient in an autologous transplant or an allogeneic transplant from a medically acceptable related or unrelated donor, and may be derived from bone marrow, the circulating blood, or a combination of bone marrow and circulating blood.  If chemotherapy is an integral part of the treatment involving Bone Marrow Transplantation, the term "Bone Marrow Transplant" includes both the transplantation, the administration of chemotherapy and the chemotherapy drugs.  The term Bone Marrow Transplant also includes any services or supplies relating to any treatment or therapy involving the use of high dose or intensive dose chemotherapy and human blood precursor cells and includes any and all Hospital, Physician or other health care Provider services or supplies which are rendered in order to treat the effects of, or complications arising from, the use of high dose, intensive dose, or standard dose chemotherapy or human blood precursor cells (e.g., hospital room and board and ancillary services).

A Calendar Year begins January 1st and ends December 31st in any given year.

A Catastrophic Illness is a severe Condition that has rendered a person temporarily or permanently disabled.

Coinsurance means the sharing of expenses by YOUR INSURANCE COMPANY and the Insured.  After you satisfy the Deductible requirement, we pay the percentage of the PPO Schedule or Allowance (whichever is applicable), as specified on the Schedule of Benefits for covered services.  The unpaid portion of the PPO Schedule or Allowance (whichever is applicable), constitutes your Coinsurance obligation.

A Condition means any covered disease, illness, ailment, injury, or bodily malfunction of an Insured.

Conditional Receipt is a process by which the proposed Insured/applicant signs and receives a copy of a receipt for Premium collected and is assigned an Effective Date of coverage contingent upon the proposed Insured/applicant being Medically Acceptable to YOUR INSURANCE COMPANY.

C.A.
Applicant Don was given a Conditional Receipt when he gave the agent the first premium.  His present policy (not COBRA) expires on the 31st; the application was taken succeeding 5th.
On the 27th, he was mugged and spent 3 days in the hospital, incurring large medical bills.
Typically if the insurance company had completed their underwriting and he was considered eligible for insurance, then the medical bills would be covered.
If during the underwriting, it was discovered that Don had a hernia that would soon require surgery, and he was aware of this but had not stated so in the application (actually, even if he had stated it on the application) he would not be eligible for the insurance, and the policy would be canceled and the premiums refunded.  The policy would not cover the costs associated with the mugging.

The Contract includes this document, the application for coverage signed by the Contract Holder, the identification card(s) issued to the Contract Holder, and any Rider(s) and Endorsement(s).

The Contract Holder is the person who has contracted with YOUR INSURANCE COMPANY to provide health care benefits.

Cosmetic Surgery is surgery primarily to improve the appearance of the individual but not to restore bodily function or to correct a deformity.

A Covered Dependent is a family member of the Contract Holder who meets and continues to meet the eligibility requirements set forth in this Contract, and is actually covered by this Contract.  A Covered Dependent must be the Contract Holder's spouse or unmarried natural child(ren), Newborn child(ren), Adopted child(ren), Foster child(ren) or stepchild(ren). (Children must be under the limiting age specified in the Eligibility section of this Contract.)

A Crippling Injury is an injury that has changed the normal action of an organ or body part.

The Deductible means the amount of charges for covered services and supplies, up to the relevant PPO Schedule or Allowance (whichever is applicable), that you must pay each Calendar Year before our reimbursement for covered services begins.  The Deductible amount applies to each Insured each Calendar Year.

Durable Medical Equipment is equipment that can withstand repeated use and is used solely for medical purposes.

The Effective Date means 12:01 a.m. Eastern Standard Time, on the date this Contract is issued as it appears on the cover of this document.

An Endorsement is an amendment to this Contract that modifies the terms of this Contract.

Experimental or Investigational means any evaluation, treatment, therapy or device which involves the application, administration, or use of procedures, techniques, equipment, supplies, products, remedies, vaccines, biological products, drugs, pharmaceuticals, or chemical compounds if, as determined solely by YOUR INSURANCE COMPANY:

such evaluation, treatment, therapy or device cannot be lawfully marketed without approval of the United States Food and Drug Administration or the State Department of Health and Rehabilitative Services and approval for marketing has not, in fact, been given at the time such is furnished to the Insured;

reliable evidence shows that such evaluation, treatment, therapy, or device is the subject of an ongoing Phase I, II, or III clinical investigation, or under study to determine: maximum tolerated dosage(s), toxicity, safety, efficacy, or efficacy as compared with the standard means for treatment or diagnosis of the Condition in question;

reliable evidence shows that the consensus of opinion among experts is that further studies, research, or clinical investigations are necessary to determine: maximum tolerated dosage(s), toxicity, safety, efficacy, or efficacy as compared with the standard means for treatment or diagnosis of the Condition in question;

reliable evidence shows that such evaluation, treatment, therapy, or device has not been proven safe and effective for treatment of the Condition in question, as evidenced in the most recently published medical literature in the United States, Canada or Great Britain, using generally accepted scientific, medical, or public health methodologies or statistical practices;

there is no consensus among practicing Physicians that the treatment, therapy or device is safe and effective for the Condition in question; OR

such evaluation, treatment, therapy or device is not the standard treatment, therapy or device utilized by practicing Physicians in treating other patients with the same or similar Condition.

"Reliable evidence" shall mean (as determined by YOUR INSURANCE COMPANY):

reports, articles, or written assessments in authoritative medical and scientific literature published in the United States, Canada, or Great Britain.

published reports, articles, or other literature of the United States Department of Health and Human Services or the United States Public Health Service, including any of the National Institutes of Health, or the United States Office of Technology Assessment;

the written protocol or protocols relied upon by the treating Physician or institution, or the protocols of another Physician or institution studying substantially the same evaluation, treatment, therapy or device; or

the written informed consent used by the treating Physician or institution, or by another Physician or institution studying substantially the same evaluation, treatment, therapy or device; or

the records (including any reports) of any institutional review board of any institution which has reviewed the evaluation, treatment, therapy or device for the Condition in question.

A Facility is any duly licensed Hospital, Skilled Nursing Facility, Outpatient Surgical Center, Home Health Agency and any free-standing emergency center or Dialysis Center, providing that Facility has been approved for payment by us.

Foster Child(ren) is a person under the age of 18 who is placed in the Insured's residence and care by the State Department of Health & Rehabilitative Services in compliance with State Statutes.

A Full-time Student is one who is enrolled in, and actually attends, an accredited college or university for five months during the Calendar Year in which this Contract is in effect.


The Grace Period is the thirty-one (31) day period immediately following the Premium due date as indicated on the front of this Contract.

A Home Health Care Visit means that a Home Health Agency employee provides services to you, in your home after a written plan of treatment has been submitted to and approved by us.

Home Health Services are medical services and supplies, furnished to an individual, by a Home Health Agency or others under arrangements with the Home Health Agency, in the individual's home.  A written plan of treatment must be submitted to and approved by us.

An Inpatient means a patient who is admitted to a Facility as a bed patient and is charged for room and board for Medically Necessary care or treatment upon the orders of a Physician working within the scope of his/her license.

An Insured is the Contract Holder (the person purchasing this Contract) and any of the Contract Holder's Covered Dependent(s).

Investigative see "Experimental or Investigational".

Massage Therapy is the manipulation of superficial tissues of the human body by hand.

Material Misrepresentation is the omission, concealment of facts or incorrect statements made on an application or medical statement by an applicant, Insured or Contract Holder which would have affected our underwriting decision to issue this Contract, issuance of different benefits, or issuance of this Contract only at a higher rate had they been known.

Medical Emergency/Accident is the sudden, unexpected onset of a Condition of such a severe nature that immediate care must be given to prevent death of the Insured or serious impairment of the Insured's health or bodily function as determined by YOUR INSURANCE COMPANY.  Some examples include but are not limited to the following: unusual or excessive bleeding, serious burns, poisoning, unconsciousness and convulsions.

Medically Acceptable means that you have submitted a medical history application and based on our underwriting regulations have been approved by us to be acceptable for coverage.

Medically Necessary means that, in the opinion of YOUR INSURANCE COMPANY, a specific medical, health care, or Hospital service is required for the identification, treatment, or management of a medical symptom or Condition.  A service, care, or supply is Medically Necessary if, in the opinion of YOUR INSURANCE COMPANY it is: 1) consistent with the symptom, diagnosis, and treatment of the Insured's Condition; and 2) in accordance with standards of good medical practice; and 3) approved by the appropriate medical body or board for the Condition in question; and 4) is not primarily for the convenience of the Insured, a Physician, or other Provider; and 5) is the most appropriate, efficient, and economical medical supply, service, or level of care which can be safely provided.  (Note:  See “Medically Necessary” under the section entitled “Your Obligations”)

Medicare means the two programs of health insurance provided under Title XVIII of the Social Security Act.  The two programs are sometimes referred to as Health Insurance for the Aged and Disabled Act.  Medicare also includes any later amendments to the initial law.

A Mental and Nervous Disorder is any and all disorders set forth in the diagnostic categories of the most recently published edition of the American Psychiatric Association's Diagnostic and statistical Manual of Mental Disorders, regardless of the underlying cause or effect, of the disorder.  Examples include but are not limited to attention-deficit hyperactivity, anorexia nervosa, bulimia, bipolar affective disorder, autism, mental retardation, and Tourette's disorder.

Newborn is a child that is (typically) 60 days of age or less.  Note: Newborn coverage will be provided in accordance with the provisions of the Contract and will continue so long as the Contract remains in effect and any applicable Premiums are paid by the Insured.

A Non-Preferred Patient Provider is a Provider who has not entered into an agreement with YOUR INSURANCE COMPANY, to participate in our PPO Organization.

One Person Contract is a Contract covering only the individual named on the identification card.

Occupational Therapy is treatment that follows a Catastrophic Illness or Crippling Injury and is designed to help a patient learn to use a newly restored or previously impaired function.

An Orthotic Device is any rigid or semi-rigid device needed to support a weak or deformed body member or restrict or eliminate body movement.

An Outpatient means a patient who receives care or treatment in a Hospital (without being charged for room and board), Physicians' office, patient's home, Ambulatory Surgical Center, a free standing emergency center or dialysis center.

A Physically Disabled Person is one who has an anatomic loss or impaired function of a body part following Catastrophic Illness or Crippling Injury which significantly interferes with his/her activities of daily living.

Physical Therapy is the treatment of disease or injury by physical or mechanical means.  Such therapy may include traction, active or passive exercises, or heat treatment.

Placement or to Place is the process of a person giving a child up for Adoption and the prospective parent receiving and adopting the child, and includes all actions by any person or agency participating in the process, or as otherwise defined by State Statutes.


A Planned Admission is an Inpatient Hospital admission which is not of an urgent or emergency nature and can be scheduled in advance at a time which is convenient for you and your Physician without risking your well being.

A Pre-existing condition is any condition which manifested itself, or which there were symptoms which would cause a reasonable person to seek diagnosis or treatment, or which was the subject of medical advice or treatment by a Provider during the 24 month period immediately preceding the Effective Date of the insured’s coverage.

A Preferred Provider Organization (PPO) is a network of Providers with which YOUR INSURANCE COMPANY has entered into an agreement to provide services to you at a pre-negotiated fee.

A Preferred Patient  (PPO) Provider is a Provider who has an agreement with YOUR INSURANCE COMPANY, to participate in our Preferred Provider Organization.

Preferred Patient  (PPO) Schedule is, when applicable as indicated on the Schedule of Benefits, the maximum benefit YOUR INSURANCE COMPANY will pay for covered services and/or supplies rendered by a health care Provider, who at the time the service or supply was rendered, was a PPO Provider under this Contract.  This schedule is a list of pre-negotiated fees.  The fee schedule is determined solely by YOUR INSURANCE COMPANY, and may vary depending upon many factors, including but not limited to: the Provider; and the geographic area in which the service was rendered or the supply was furnished.

The Premium is the total amount you must pay YOUR INSURANCE COMPANY for your coverage under this Contract.  The Premium is determined on the basis of the applicable Rate(s) and the number of individuals covered under your Contract.

A Prescription is a request for medication or supplies by a Physician and/or pharmacist acting within the scope of his/her license,

A Prescription Drug is any medicinal substance, remedy, vaccine, biological product, drug, pharmaceutical or chemical compound which can only be dispensed pursuant to a Prescription and which is required to bear the following statement or similar statement on the label: "Caution: Federal Law prohibits dispensing without a Prescription".

A Prosthetic Device is an equipment which replaces all or part of a permanently inoperative or malfunctioning body organ.

A Provider is a Hospital, Home Health Agency, Skilled Nursing Facility, Physician, Medical Professional, or a Supplier, who has been appropriately licensed and is recognized by YOUR INSURANCE COMPANY for payment purposes.

The Rate(s) is the amount(s) YOUR INSURANCE COMPANY charges Preferred Patient Contract Holder(s) for coverage.  The Rate will vary depending upon the Insured's Risk Class.

Rehabilitative Services are health care services, the purpose of which is to correct functional defects which remain after a Catastrophic Illness or Crippling Injury, and includes, but is not limited to, Rehabilitative Services related to Alcohol or Drug Dependency, Mental and Nervous Disorders, pain control, or pulmonary or cardiac rehabilitation.

A Rider is an amendment we add to this basic agreement where the scope of coverage under this Contract is restricted.

A Risk Class is a grouping of Insureds who have similar characteristics.  For example, Insureds who: are the same sex; in the same age bracket; have similar medical conditions (including whether they use tobacco products); live in the same geographical area; and who have elected the same benefit plan may be grouped into a Risk Class.  Your Risk Class is determined by YOUR INSURANCE COMPANY.

Service Area is a geographical location in which YOUR INSURANCE COMPANY has established a Preferred Provider Organization to provide health care services based upon a pre-negotiated fee for services rendered under a Preferred Patient Contract.

Skilled Nursing Services means the performance of those acts requiring substantial specialized knowledge, judgment and nursing skill in the administration of medications and treatment as prescribed or authorized by a duly licensed Physician.

Speech Therapy is the treatment of speech and language disorders by means such as, but not limited to, language assessment and language restorative therapy services.

Supplier is any entity, other than a Hospital, Physician, or Medical Professional which is duly licensed by the state in which the entity is engaged in the practice of supplying health care goods, and is recognized by YOUR INSURANCE COMPANY for payment purposes (for example, Ambulance companies, Durable Medical Equipment companies, and Pharmacies).

Totally Disabled means that you are unable to work at any gainful job for which you are suited by education, training, or experience, due to a Condition.  This would also apply to an Insured who, although not engaged in an occupation (i.e., student, non-working spouse, or children) might be in such condition as to be unable to perform those normal day to day activities which they would otherwise be able to perform.

An Unplanned Admission is an Inpatient Hospital admission which is of an urgent or emergency nature and cannot be scheduled in advance.

A Visit means the Physician personally examines you while you are an Inpatient or Outpatient in the Hospital, Physicians office, Ambulatory Surgical Center, free standing emergency center or in your home.

Well Child Care is defined as Physician-delivered or Physician-supervised, periodic services not related to a specific Condition, provided for a Covered Dependent child up through 16 years of age.

APPLICATIONS
REPRESENTATIONS BY THE CONTRACT HOLDER/INSUREDS/APPLICANTS

In the absence of fraud, all statements made by applicants or Insureds will be deemed to be representations and not warranties.  No statement made for the purpose of affecting coverage will avoid coverage or reduce benefits unless contained in a written application signed by the Contract Holder and a copy of such documents has been furnished to the Contract Holder.

Eligibility for coverage under this Contract is determined by medical risk classifications applicable to the applicant and his or her dependents.  Among the factors we consider when making our underwriting decision are the medical information requested on the application, and the sex and age of the applicant and his or her dependents.

Material Misrepresentations, omissions, concealment of facts and incorrect statements made on an application or a medical statement by an applicant, Insured or a Contract Holder which is discovered within two years of the issue date of the Contract may prevent payment of benefits under this Contract and may void this Contract for the individual making the misrepresentation, omission, concealment of facts or incorrect statement.  Fraudulent misstatements in the application or medical statement discovered at any time, may result in voidance of this Contract or denial of any claims for the individual making or responsible for the fraudulent misstatement.

In the event of fraud or misrepresentation pertaining to, but not limited to, medical information, geographical area, or the sex and/or the age of applicant or his or her dependents made on an application or medical statement by an applicant, Contract Holder or Insured, the sole liability of YOUR INSURANCE COMPANY shall be the return of any unearned Premium, less benefit payments.  However, at our discretion, we may elect to cancel the Contract with forty-five (45) days prior written notice (Time may vary by state regulation &/or company practice) or continue this Contract provided that the Contract Holder makes payment to us for the full amount of the Premium which would have been in effect had the true facts been stated by the applicant, Contract Holder, or Insured.

C.A.
Bernadette was diagnosed with breast cancer in Oregon.  Her doctor in Oregon told her that she needed surgery as soon as possible.  However, since she was not employed and had no insurance, she decided to move back home to Indiana.
She found a job in Indianapolis, but it had no benefits.  Therefore she applied for an individual major medical policy.  She did not tell the agent about her cancer and the policy was issued on a standard basis with no riders.
60 days after the policy was issued she had a  “routine” mammogram” which “discovered”

(Continued from previous page) the cancer.  She told the radiologist at the clinic that she had had a mammogram about a year earlier, at a public health clinic.  She did not mention the finding, however.  She was immediately admitted to a hospital in Indianapolis and a mastectomy was performed.
During a routine claims review, the insurer sent an inquiry to the Public Health Service in Oregon, which duly reported the earlier findings.  Based upon these findings, the insurer canceled the policy based upon a material misrepresentation and refused to pay for any of the medical costs.




INDIVIDUALS COVERED

This Contract will provide coverage for the following individuals only when the person(s): (1) were named on the application; and (2) were Medically Acceptable; (3) the Premiums were paid; and (4) a Contract was issued by us:

You; or

You and your spouse; or

You, your spouse, and your unmarried natural child(ren), Newborn child(ren), Adopted child(ren), Foster child(ren) or stepchild(ren).

(Some individual policies may not contain a section regarding coverage for any person(s) other than the named insured)



DEPENDENTS COVERAGE

Spouse
Your spouse may be covered until legal separation or divorce.

Child(ren)
Your unmarried natural child(ren), Newborn child(ren), Adopted child(ren), or stepchild(ren) may be covered from birth to the end of the Calendar Year in which they reach the limiting age of 19.  Foster child(ren) or child(ren) in court-ordered custody of the Insured may be covered to the end of the Calendar Year in which they reach the age of 18.

Newborn Children
The Contract Holder is responsible for notifying YOUR INSURANCE COMPANY of the birth of the Newborn child within 30 days of the date of birth.  If notice is received by YOUR INSURANCE COMPANY within this 30 day period, the Newborn child will be covered from the moment of birth and the Contract Holder will not be charged any additional Premium for the first 30 days of coverage.

If YOUR INSURANCE COMPANY does not receive the notice of the birth of the Newborn within the 30 day notice period, the Newborn child will be added as of the date of birth so long as any applicable Premium is paid back to the date of birth.

With respect to a Newborn child of a covered family member other than the Contract Holder or Contract Holder's spouse, the coverage for the Newborn child terminates 18 months after the birth of the Newborn child.

C.A.
Insured has 3 children covered under his 2-year-old family policy, ages 10, 17 and 18, all dependents.  The 18 year old daughter has a baby out-of-wedlock.  The baby would be covered until it was 18 months old, and then would be responsible for its own coverage.  If the company offered a child-only policy, that would be one alternative.

C.A.
Louise is a widow and lives with her daughter, Pam, age 19.  Louise has a family policy covering herself and her daughter, as she is the sole support of the daughter who is attending a local college.  Pam, although unmarried, has a baby.  She elects to keep the baby and the father is not to be involved by mutual consent.  The baby is covered under the family policy until such time that Pam reaches the maximum age (typically 23) or graduates from college. Maternity costs would be covered only if the policy has such a provision. In most cases, only complications of pregnancy would be covered, and if she had a cesarean the delivery would be covered.
Note:  If an applicant and his wife have a pregnant daughter living at home with them at time of application, the majority of insurers will not insure any member of the family.

C.A.
David Brey applied for a Major Medical policy, listing his wife, his 15 year-old daughter, and an adopted baby, Soo Chin, age 18 months.  He has another daughter, Peggy, age 19, who is married and living away from home.  After the policy had been in force for a year, Peggy and her husband file for divorce.  Peggy is dropped from her husband’s insurance.
David and his wife felt that the domestic problems of his daughter was temporary, and they hoped that they would reconcile.  Anticipating this reconciliation, David did not bother to add his daughter to the policy until Peggy became quite ill and was admitted to the hospital with a form of hepatitis.  David filed a claim against his insurer, claiming Peggy as a dependent. (Continued)
(Continued from previous page)  The insurer refused payment as (1) the daughter, Peggy had not been named on the application or added within the specified period of time as a dependent (30 days), and (2) she was not medically acceptable when the insurer was notified of her existence.
Adopted Children Foster Children
The Contract Holder is responsible for notifying YOUR INSURANCE COMPANY of the placement of an Adopted or Foster child in the residence of a Contract Holder within 30 days of such placement.  If notice is received by YOUR INSURANCE COMPANY within this 30 day period, coverage for the Adopted or Foster child (other than an Adopted Newborn child) begins when the child is placed in the residence of the Insured, in compliance with State law and the Contract Holder will not be charged any additional Premium for the first 30 days of coverage.

Coverage for Adopted Newborn children will begin the earlier of: (a) the moment of birth, provided that a written agreement to Adopt such child has been entered into by the Contract Holder prior to the birth of such child and further provided that YOUR INSURANCE COMPANY receives notice before or within 30 days after the birth of the child; or (b) the date the Newborn child is placed in the residence of the Contract Holder in accordance with State law, provided YOUR INSURANCE COMPANY receives notice before or within 30 days after the date the child is so placed.

If YOUR INSURANCE COMPANY does not receive the notice of placement (for Adopted or Foster children) or birth (for Adopted Newborn children) within the 30 day period, the Adopted or Foster child will be added to the Contract Holder's Contract as of the date of placement (for Adopted or Foster children) or birth (for Adopted Newborn children) so long as any applicable Premium is paid back to the date of placement or birth, whichever is applicable.

In compliance with State law, YOUR INSURANCE COMPANY will waive the Pre-Existing Condition limitation for Adopted children; however, the Pre-Existing Condition limitation will apply to Foster children or children in other court-ordered custody.

There are provisions under consideration by some states, have been under consideration, or will be under consideration in the near future, to include a same-sex partner not related to the insured.  However, at this time most proposed legislation pertains only to group insurance.

Also, some states treat common-law situations treat a common-law partner as a “spouse” and would be treated as such under the policy benefits.  The appropriate state laws regarding common-law marriages should be carefully researched.
PERIOD OF CHILD ELIGIBILITY
Students
A Covered Dependent child(ren) may be covered to the end of the Calendar Year in which they reach the limiting age of 23 (Typical restrictive age, but may vary by state, insurer or policy), if attending a college or university which has been accredited by the State Board of Education, on a full-time basis (as defined by the school and this Contract).  The child(ren)'s legal residence must be with you and the child(ren) must depend on you for support.

C.A.
A student who is attending a local college for a minimum period specified in the application, is considered a full-time student.  Difficulties arise when a student fulfills the full-time requirement for the year, then at the beginning of the following year, at time of application, the student is working and even though he states that he will probably go back to school early enough to fulfill the time requirement for that year, there can be a question raised.  If, after the required time has passed and the student has not gone back to school, the child can be dropped from the policy and be required to carry his own policy.

Handicapped Children
Coverage of a Covered Dependent child(ren) will not terminate upon attainment of the limiting age for dependent children specified in this Contract, if the child is and continues to be both;

incapable of self-sustaining employment by reason of mental retardation or physical handicap; and
chiefly dependent upon you for support and maintenance.

(NOTE:  Most policies contain an explanation as to meeting the requirements as shown above.  Policy wording may be similar to: If a claim is denied under this Contract because the child has attained the limiting age for dependent children, the burden is on the Contract Holder to establish that the child meets and continues to meet the criteria for extended eligibility.  For handicapped child(ren), proof of such dependency (written documentation from your Physician) will be required.  The handicap or retardation must have commenced prior to reaching the limiting age, as previously defined, and the child must have been covered under the Contract when he/she reaches the limiting age.)

C.A.
Roger Minor has a Major Medical Policy covering himself, his wife, his daughter age 13, and a son, William, age 19 whom resides at home.  William is retarded to the point to where he cannot read nor write, and will never be self-sufficient but has no other health problems.  Rogers’ policy has an age limitation of 23.
When William reached age 23, Roger neglected to ask for continuation of coverage, as the agent knew that his son was retarded so Roger assumed that the insurance company knew it also.  This situation continued until William was 25, when he fell and broke an arm and shoulder.  The insurance company denied the claim as William had reached (and passed) the limiting age.
Roger obtained a letter from the family physician, stating that William was not self-sufficient.  He also submitted psychological tests that William had had throughout the years.  Since Roger had continued paying the premium for coverage including William, and William was insured prior to age 23, the insurer added William to the policy and covered his medical costs.

ADDING A DEPENDENT
Each eligible dependent who was;
named on the original application;
Medically Acceptable; and
paid the Premium
is covered by this Contract.

Please notify us if a Newborn, Adopted, Foster child or child in other court-ordered custody is to be added to your existing Contract for coverage which is acceptable to us and you pay an additional Premium for coverage to be provided to the new dependent(s). (see above).  There is an additional Premium for each dependent added to your Contract.

If other eligible dependents were not named on the application, they can become covered when you file a medical application.
(Note that the dependent to be added is subject to the medical underwriting requirements of the company.  Of course, in those situations where the policy is guaranteed issue, {such as COBRA Continuation} or in many states, for Group Coverage only, the addition of dependents is only a bookkeeping entry, depending upon the insurer and the jurisdiction)

All dependents except those listed below added to your Contract after the Effective Date of coverage will be subject to the Pre-Existing Condition clause contained in this Contract:
Adopted child or Adopted Newborn child;
Natural Newborn child.

Note: Newlyweds should make application to add their spouse within 60 days prior to, or as soon as possible after, marriage.

TERMINATION OF DEPENDENT'S COVERAGE

Adopted Children
If the Adopted Newborn child is not ultimately placed in the residence of the Contract Holder, there shall be no coverage for the Adopted Newborn under this Contract.  It is the responsibility of the Contract Holder to notify YOUR INSURANCE COMPANY within (typically) 10 calendar days if the Adopted Newborn is not placed in the home.

For all children covered as Adopted children, if the final decree of Adoption is not issued, coverage shall not be continued for the proposed Adopted child under this Contract.  Proof of final Adoption must be submitted to YOUR INSURANCE COMPANY.  It is the responsibility of the Contract Holder to notify YOUR INSURANCE COMPANY if the Adoption does not take place.  Upon receipt of this notification, YOUR INSURANCE COMPANY will terminate the coverage of the child on the first billing date following our receipt of your written notice.

FOSTER CHILDREN
If the Contract Holder's status as a Foster parent is terminated, coverage shall not be continued for any Foster Child under this Contract.  It is the responsibility of the Contract Holder to notify YOUR INSURANCE COMPANY that the Foster Child is no longer in the Contract Holder's care.  Upon receipt of this notification, YOUR INSURANCE COMPANY will terminate the coverage of the child on the first billing date following our receipt of your written notice.

NATURAL CHILDREN
The Contract Holder may terminate the coverage of a child born to them by submitting a change application to YOUR INSURANCE COMPANY.  The Effective Date of such termination shall be the first billing date following our receipt of your change application.

C.A.
The Stinsons adopted a baby on a private basis after being childless for many years.  They applied for adoption of the child when the mother who had agreed to the adoption presented the newborn to them by the Stinsons.  They notified their insurance company and the baby was covered under their Major Medical plan.
After several months, the natural mother changed her mind and after a hearing, she was awarded the custody of her baby.
Just as it was the responsibility of the Stinsons to add the baby to their policy, it is their responsibility to notify the insurance company of the change.


CONTRACT CHANGES

Entire Contract

The Entire Contract provision is for legal purposes, but is very important as to the action of an agent in changing any provision of the contract.

This Contract, with the application and attached papers, is the entire contract between you and YOUR INSURANCE COMPANY.  No change in this Contract will be effective until approved by an officer of YOUR INSURANCE COMPANY.  No agent may change this Contract or waive any of its provisions.

YOUR INSURANCE COMPANY may amend or replace this Contract with a new Contract at any time.

The terms of this Contract cannot be changed unless we agree in writing to the change and must be approved by one of our executive officers.  Any change will be issued as a new Contract, or a Rider, or as an Endorsement to this Contract.  If we make a change in the terms of this Contract, we will notify the Contract Holder in writing at the Contract Holder's last address shown in our records, at least 30 days in advance.

CHANGE IN BENEFIT COVERAGE
With most companies offering a typical Major Medical policy, the increasing/decreasing of benefits refers to the Deductible &/or Coinsurance percentages.  The basic rule, as spelled out more specifically below, is that if the insurer is going to be more at risk, then a full application may be needed.  If the insurer’s risk is going to be less, then most will allow a change by simply requesting the change.  This provision may vary by company or policy.

Should you wish to change your current enrollment option to increase benefits, you may apply for a change on your Anniversary Date only.

When requesting a change in coverage, you must:
submit a medical history application no later than 60 days prior to your Anniversary Date; and
receive approval from us.

You will receive full credit for continuous coverage under the previous option if approved by us for a change in coverage.

If you wish to decrease your benefits or have any questions regarding a change in your present coverage, please contact your agent or your local YOUR INSURANCE COMPANY office.

C.A.
The insurance agent for the Jacksons offered three deductibles when they applied for a Major Medical policy - $250, $500 or $1,000.  They elected the $500 deductible.
Two years later, after having three children, they felt that since children seem to have more medical bills, they would be better with a lower deductible.  Therefore, they notified their insurer that they wanted to change to the $250 deductible.  The insurance company required evidence of good health before they would accept the change.  The agent explained that this was to avoid anti-selection, as if a person was diagnosed with a serious illness, they could otherwise get a lower deductible and end up paying less money for the treatment.
Later, as the children got older, and Mr. Jackson’s business grew, they felt that they could easily afford to pay a higher deductible, so they requested that the deductible be increased to $1,000.  This, in effect, decreased the benefits, therefore the insurance company granted their request with no evidence of insurability.

IDENTIFICATION CARD
We will provide you with an identification card.  Your identification card will be issued in your name and you or any of your Covered Dependents may use this card.


PREMIUM PAYMENT

Your Contract will not be in force until your application for coverage has been submitted, is Medically Acceptable to us, and we have received your first Premium payment.  All subsequent Premium payments are payable in advance or within the Grace Period.  The amount of your initial (usually monthly) Premium is indicated on the front cover of this document.  Failure on our part, for whatever reasons, to provide you with a Notice of Payment Due does not justify your non-payment of Premiums.  It is your responsibility to submit the indicated Premium by the end of the Grace Period or to notify us that a billing was not received.
(Note:  This provision is typical, although some jurisdictions may require the receipt of a billing notice before a policy can be cancelled, however that is rare.  This is frequently a problem where an insured doesn’t pay the premium and makes claims during this period, and uses the lack of a renewal notice as an excuse.)

Your Premium will automatically change if you change Risk Classes, or if the number of individuals under your Contract changes.  For example, your Premium will change if you move to a different geographical area, or if you change benefit plans.  Additionally, your Premium may increase each year on your Contract Anniversary Date due to the increase in your age and your covered spouse's age (depending upon the contract.  Some policies may not increase at all, others may be “step-rated”, i.e. increases occur every stated period of time, such as 5 years).

C.A.
When Kenneth Lowe took out a Major Medical policy, his agent commented that his premiums were low because he lived in Albemarle County.  Six months later Lowe was transferred to Hillsborough County.  He did not notify his insurance company, and when some medical services were needed, he continued with his family doctor in Albemarle County.
Soon the premium notices were returned to the company with notation “moved - address            unknown.”  Lowe had a habit of paying premiums only when he received a premium notice so
the policy lapsed and the Grace Period expired.  Shortly thereafter, he fell off a ladder at home and was admitted to the hospital.  The insurance company refused to pay.  In an effort to save a few dollars every month, he discovered that he was responsible for a sizable medical bill.


If we accept Premium for coverage for a Covered Dependent for a period extending beyond the date, age, or event specified for termination of such Covered Dependent, then coverage for such a Covered Dependent shall continue during the Grace Period for which an identifiable Premium was accepted, except if such acceptance resulted from a misstatement of Age or residence.  Additionally, if we accept a Premium, which is paid on an annual or semi-annual basis by an Insured for coverage extending beyond an Insured's 65th birthday, and such Insured's coverage is terminated, we will refund any unearned Premium.

APPLICATION MISSTATEMENTS

If any information relevant to determining your Risk Class has been misstated on the application, the Premium amount owed under this Contract will be what the Premium would have been had you given the correct information on the application.  If such misstatement causes YOUR INSURANCE COMPANY to accept premiums for a time period that we would not have accepted Premium for if the correct information had been stated, our only liability will be the return of any unearned Premium.  YOUR INSURANCE COMPANY will not provide any coverage for that time period.  This right is in addition to any other rights YOUR INSURANCE COMPANY may have under this Contract and applicable laws.

C.A.
Albert applied for an insurance policy and gave his date of birth to the agent as 1/1/59.  The agent erroneously wrote down his date of birth as 1/1/53.  The applicant did not check his policy or review a copy of the application for 5 years when he was comparing his present policy with that of another company.  The difference in premium was nearly $500 over the 5 year period.  Upon notification and submission of a copy of the birth certificate, the insurance company refunded the amount overcharged.

GRACE PERIOD
After your first Premium payment, you will be entitled to a Grace Period for all subsequent Premium payments.  This means that if a Premium is not paid on or before the date it is due, it may be paid during the thirty-one-(31) day Grace Period.  During the thirty-one (31) day Grace Period this Contract will remain in force.

The Grace Period will not apply if, at least 45 days before the Premium due date, we delivered or mailed to your last address shown in our records written notice of our intent to terminate your Contract.  Additionally, the Grace Period will not apply if you notify us that you are canceling your Contract.  Coverage will end on the last day of the month through which you paid Premiums.

If payment of the required Premium is not received within the Grace Period, this Contract is automatically terminated as of the end of the Grace Period.


C.A.
The Grace Period on most policies is 31 days from the due date, which is usually on the day of the month that the policy was issued.  If an insured forgets about the due premium, and personally delivers it to the agent on the last day of the Grace Period, the premium is considered to have been paid.  Therefore, if this situation arises, it is wise for the policyholder to get a dated receipt from the agent, or the local office of the insurance company.
If an insured misses the deadline, the insurance company may, at their discretion, continue the coverage.  If too much time has elapsed, as stated in the reinstatement provision of the policy, the insurance company may require a physical examination or other proof of good health in order to reinstate the policy.  In many states, there are regulations that limits the amount of time that a company can continue a lapsed policy, or issue a new plan.


PREMIUM ADJUSTMENTS

From time to time, Rate adjustments for Preferred Patient Contract Holders may be necessary.  In the event of a Rate adjustment, we will mail a written notice to the Contract Holder at least 45 days prior to the Effective Date of the new Rate.

POLICYHOLDER REQUIREMENTS

Companies frequently have a special section of the policy that pertains as to what the duties and obligations of the policyholders are, as opposed to the duties and obligations of the insurance company.  The following provision wording continues in the “easy-to-read” style required by most states.
DEDUCTIBLE REQUIREMENT

This provision assumes that the plan has a Deductible.  Some policies have a “one-time” deductible, i.e. once the deductible is satisfied, it never has to be satisfied again.  Other policies have a “per-occurrence “ provision whereby each occurrence or each hospital admission, requires a separate deductible.  For ease of discussion, the annual deductible provision is used as it is the most prevalent

Under this Contract, the maximum Deductible amount per Insured, as specified on the Schedule of Benefits, must be satisfied before our reimbursement of covered services begins for the Insured.

INDIVIDUAL CARRY OVER PROVISION
This provision varies by company and by policy, and frequently is not included in polices of this type.  It is used here for discussion purposes.

Any charges we apply toward an Insured's Deductible requirement for covered services received during the last three months of the preceding Calendar Year will be carried over to reduce that individual's Deductible requirement amount for the next Calendar Year.