The following words and terms, when used in this subchapter shall have the following meanings, unless the context clearly indicates otherwise.
- (1) Carrier--An insurance company, a group hospital service corporation, a fraternal benefit society, a stipulated premium insurance company, a health maintenance organization, a multiple employer welfare arrangement that holds a certificate of authority under Insurance Code Article 3.95-2, or an approved nonprofit health corporation that holds a certificate of authority issued by the commissioner under Insurance Code Article 21.52F. In addition, for the purposes of paragraph (3)(B) of this section, the term also includes a reciprocal exchange operating under Insurance Code Chapter 19 and for purposes of paragraph (3)(E) of this section, the term also includes a Lloyd's plan operating under Insurance Code, Chapter 18 and a risk pool created under Chapter 172, Local Government Code.
- (2) Enrollee--A person enrolled in and entitled to coverage under a health benefit plan, including covered dependents.
(3) Health benefit plan--Subject to subparagraphs (A), (B), (C), (D) and (E) of this paragraph, a plan that is offered by a carrier and provides benefits for medical or surgical expenses incurred as a result of a health condition, accident, or sickness including an individual, group, blanket or franchise insurance policy or insurance agreement, a group hospital service contract, an individual or group evidence of coverage, or any similar coverage document. The term does not include a plan that provides coverage only for accidental death or dismemberment, disability income, supplement to liability insurance, Medicare supplement, workers' compensation, medical payment insurance issued as a part of a motor vehicle insurance policy or a long-term care policy.
- (A) For the inpatient mastectomy coverage notice required by subsection (a)(1) of §21.2103 of this title (relating to Mandatory Benefit Notices), the definition of health benefit plan includes a plan that provides coverage only for a specific disease or condition for the treatment of breast cancer or for hospitalization. The term does not include a small employer health benefit plan issued under the Insurance Code Chapter 26, Subchapters A-G.
- (B) For the reconstructive surgery after mastectomy notices required by subsection (a)(2) of §21.2103 of this title, the definition of health benefit plan does not include a plan that provides coverage for a specified disease or other limited benefit except for cancer, a plan that provides only credit insurance, a plan that provides coverage only for dental or vision care, or only for indemnity for hospital confinement.
- (C) For the prostate cancer examination notice required by subsection (a)(3) of §21.2103 of this title, the definition of health benefit plan does not include a small employer health benefit plan written under the Insurance Code Chapter 26, Subchapters A-G, a plan that provides coverage only for a specified disease or other limited benefit, or only for indemnity for hospital confinement.
- (D) For the inpatient maternity and childbirth coverage notice required by subsections (a)(4) and (5) of §21.2103 of this title, the definition of health benefit plan does not include a plan that provides only credit insurance, a plan that provides coverage only for a specified disease or other limited benefit, only for dental or vision care, or only for indemnity for hospital confinement.
- (E) For the detection of colorectal cancer screening coverage notice required by subsection (a)(6) of §21.2103 of this title, the definition of health benefit plan does not include a small employer health benefit plan written under the Insurance Code Chapter 26, Subchapters A-G, or a plan that provides coverage only for a specified disease or other limited benefit or only for indemnity for hospital confinement.
- (4) Other limited benefit--A plan that provides coverage singularly or in combination, for benefits for a specifically named disease, accident or combination of diseases or accidents, including but not limited to heart attack, stroke, AIDS, and travel, farm or occupational accident.
- (5) Primary Enrollee--For group coverage, the covered member or employee of the group. For individual coverage, the person first named on the application and/or enrollment form.
Source Note:The provisions of this §21.2102 adopted to be effective March 29, 1998, 23 TexReg 3009; amended to be effective January 8, 2001, 26 TexReg 202; amended to be effective April 2, 2002, 27 TexReg 2506.