§ 23-85-132 — Reduction of benefits due to other insurance contracts prohibited

(a) No contract of individual accident and health insurance or health coverage sold, delivered, or issued for delivery or offered for sale in this state by an insurer, hospital and medical service corporation, or health maintenance organization, directly or indirectly providing indemnity services, healthcare services, or cash to an individual as a result of hospitalization, medical or surgical treatment, or dental care shall contain a provision reducing the benefit that would otherwise be payable to the individual in the absence of other insurance or health coverage if the reduction of benefits is due solely to the existence of one (1) or more additional contracts providing benefits to that individual unless the reduction complies with coordination of benefit rules adopted by the Insurance Commissioner. (b) No contract of individual accident and health insurance sold, delivered, or issued for delivery or offered for sale in this state providing disability income coverage shall contain any provision for the denial or reduction of benefits because of the existence of other insurance, except as provided in § 23-85-122 or any coverages approved by the commissioner pursuant thereto and except that the benefits may be reduced to offset disability income benefits payable under the Social Security Act. (c) The commissioner may issue rules to implement this section, including, but not limited to, rules as to the amount of reductions and the nature and timing of proofs of eligibility for Social Security benefits.

Legislative History

Amended by Act 2019, No. 315,§ 2743, eff. 7/24/2019. Acts 1971, No. 346, §§ 1, 2; 1981, No. 809, §§ 15, 16; A.S.A. 1947, §§ 66-3634, 66-3635; Acts 1999, No. 624, § 1; 2001, No. 909, § 8.