ADOPTED HOUSE AMENDMENTS
THURSDAY, FEBRUARY 19, 2009
HB0009JC01/A
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HB0009JC01/ |
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Pursuant to Joint Rule 2-4, the House recedes from its non-concurrence and adopts the following Senate amendments:
HB0009S2001/AE
HB0009SS001/AE
BROWN, BRECHTEL, STUBSON, CASE, HASTERT, SCHIFFER
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Page 1-line 4 After "in" insert "specified"; after ";" insert "requiring disclosure and additional provisions in insurance contracts covered by the federal Employee Retirement Income Security Act;".
Page 2-line 8 Before "are" insert "not subject to the federal Employee Retirement Income Security Act".
Page 2-line 12 After "due." Insert "This act is also intended to assure that health insurance benefits contracts subject to the federal Employee Retirement Income Security Act which contain a discretionary clause provide appropriate disclosure of the clause and additional provisions to assure a fair determination of contract benefits.".
Page 4-line 1 Before "No" insert "(a)".
Page 4-line 8 After "." insert "This subsection shall not apply to a policy, contract, certificate or agreement subject to and meeting the requirements of subsections (b) and (c) of this section.".
Page 4-after line 8 Insert:
"(b) Any group policy, contract, certificate or agreement subject to the federal Employee Retirement Income Security Act and offered or issued in this state by a health carrier to provide, deliver, arrange for, pay for or reimburse any of the costs of health care services and which contains a provision purporting to reserve discretion to the health carrier to interpret the terms of the contract or to provide standards of interpretation or review shall contain the following language highlighted in bold in not less than twelve (12) point type:
This benefit plan contains a discretionary clause. Determinations made by (insurer name) pursuant to the discretionary clause do not prohibit or prevent a claimant from seeking judicial review in court of (insurer name's) decisions. By including this discretionary clause (insurer's name) agrees to allow a court to review its determinations anew when a claimant seeks judicial review of (insurer name's) determinations of eligibility of benefits, the payment of benefits or interpretations of the terms and conditions applicable to the benefit plan.
(c) Any group policy, contract, certificate or agreement containing a discretionary clause as authorized in subsection (b) of this section shall contain a provision entitling any person denied benefits in whole or in part to have the determination reviewed de novo in any court with jurisdiction.". SIMPSON
SF0068H2001/AE
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Page 2-line 36 Delete "credited" insert "created". MADDEN
SF0103H3001/AE
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Page 1-line 9 Delete "petitions" insert "notices". GINGERY
SJ0005H2001/AE
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Page 3-after line 22 Insert:
"WHEREAS, the Wyoming department of environmental quality and Wyoming oil and gas conservation commission provide oversight of operations which could damage groundwater; and
WHEREAS, Wyoming promotes its policy of maintaining control over its water resources by enforcing the extensive groundwater protections provided by Wyoming law; and". HAMMONS