LD 394
pg. 17
Page 16 of 21 An Act To Create a High-risk Pool in the Health Insurance Market Page 18 of 21
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LR 516
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all amounts paid or payable through any other health insurance and
by all hospital and medical expense benefits paid or payable under
any short-term, accident, dental-only, vision-only, fixed
indemnity, limited benefit or credit insurance; coverage issued as
a supplement to liability insurance; workers' compensation
coverage; automobile medical payment; or liability insurance,
whether or not provided on the basis of fault, and by any hospital
or medical benefits paid or payable by any insurer or insurance
arrangement or any hospital or medical benefits paid or payable
under or provided pursuant to any state or federal law or program.

 
6.__Recovery of claims paid.__An amount paid or payable by
Medicare or any other governmental program or any other
insurance, or self-insurance maintained in lieu of otherwise
statutorily required insurance, may not be made or recognized as
a claim under such a policy or be recognized as or towards
satisfaction of an applicable deductible or out-of-pocket maximum
or to reduce the limits of benefits available under the plan.__
The association has a cause of action against a covered person
for the recovery of the amount of any benefits paid to the
covered person that should not have been claimed or recognized as
claims because of the provisions of this subsection or because
the benefits are otherwise not covered.__Benefits due from the
association may be reduced or refused as a setoff against any
amount recoverable under this subsection.

 
§3911.__Eligibility for coverage

 
1.__Eligibility; application for coverage.__A resident is
eligible for coverage under the plan if the resident provides
evidence of rejection, a requirement of restrictive riders, a
rate increase or a preexisting conditions limitation on a
qualified plan, the effect of which is to substantially reduce
coverage from that received by a person considered a standard
risk by at least one member insurer within 6 months of the date
of the certificate, or if the resident meets other eligibility
requirements adopted by rule by the superintendent that are not
inconsistent with this chapter and that evidence that a person is
unable to obtain coverage substantially similar to that which may
be obtained by a person who is considered a standard risk.__Rules
adopted pursuant to this subsection are routine technical rules
as defined in Title 5, chapter 375, subchapter 2-A.

 
2.__Change of domicile.__The board shall develop standards for
eligibility for coverage by the association for a natural person
who changes domicile to this State and who at the time domicile
is established in this State is insured by an organization
similar to the association.__The eligible maximum lifetime
benefits for that covered person may not exceed the


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