§ 58-3-167. Applicability of acts of the General Assembly to health benefit plans. - North Carolina Statutes

§ 58‑3‑167. Applicability of acts of the General Assembly to health benefit plans.

(a)        As used in thissection:

(1)        "Health benefitplan" means an accident and health insurance policy or certificate; anonprofit hospital or medical service corporation contract; a healthmaintenance organization subscriber contract; a plan provided by a multipleemployer welfare arrangement; or a plan provided by another benefitarrangement, to the extent permitted by the Employee Retirement Income SecurityAct of 1974, as amended, or by any waiver of or other exception to that actprovided under federal law or regulation. "Health benefit plan" doesnot mean any plan implemented or administered by the North Carolina or UnitedStates Department of Health and Human Services, or any successor agency, or itsrepresentatives. "Health benefit plan" does not mean any planconsisting of one or more of any combination of benefits described in G.S. 58‑68‑25(b).

(2)        "Insurer"includes an insurance company subject to this Chapter, a service corporationorganized under Article 65 of this Chapter, a health maintenance organizationorganized under Article 67 of this Chapter, and a multiple employer welfarearrangement subject to Article 49 of this Chapter.

(b)        Whenever a law isenacted by the General Assembly on or after October 1, 1999 that applies to ahealth benefit plan, the term "health benefit plan" shall be definedfor purposes of that law as provided in subsection (a) of this section unlessthat law provides a different definition or otherwise expressly provides thatthe definition in this section is not applicable.

(c)        Whenever a law isenacted by the General Assembly that applies to health benefit plans that aredelivered, issued for delivery, or renewed on and after a certain date, therenewal of a health benefit plan is presumed to occur on each anniversary ofthe date on which coverage was first effective on the person or persons coveredby the health benefit plan. (1999‑294, s. 5; 1999‑456, s. 16; 2007‑298,s. 7.2; 2007‑484, s. 43.5.)