1. (a) Except as provided in section 28 of this chapter, as used in this chapter, "health insurance plan" or "plan" means any:

   1. (1) hospital or medical expense incurred policy or certificate;
   2. (2) hospital or medical service plan contract; or

   3. (3) health maintenance organization subscriber contract;

      provided to the employees of a small employer.

2. (b) The term does not include the following:

   1. (1) Accident-only, credit, dental, vision, Medicare supplement, long term care, or disability income insurance.
   2. (2) Coverage issued as a supplement to liability insurance.
   3. (3) Worker's compensation or similar insurance.
   4. (4) Automobile medical payment insurance.
   5. (5) A specified disease policy.

   6. (6) A short term insurance plan that:

      1. (A) may be renewed for the greater of:

         1. (i) thirty-six (36) months; or
         2. (ii) the maximum period permitted under federal law;
      2. (B) has a term of not more than three hundred sixty-four (364) days; and
      3. (C) has an annual limit of at least two million dollars ($2,000,000).

   7. (7) A policy that provides indemnity benefits not based on any expense incurred requirement, including a plan that provides coverage for:

      1. (A) hospital confinement, critical illness, or intensive care; or
      2. (B) gaps for deductibles or copayments.
   8. (8) A supplemental plan that always pays in addition to other coverage.
   9. (9) A student health plan.

   10. (10) An employer sponsored health benefit plan that is:

       1. (A) provided to individuals who are eligible for Medicare; and
       2. (B) not marketed as, or held out to be, a Medicare supplement policy.

As added by P.L.127-1992, SEC.1. Amended by P.L.93-1995, SEC.11; P.L.11-2011, SEC.34; P.L.288-2019, SEC.17.