§ 44-311 — Health care sharing ministry; treatment under insurance laws

Nebraska § 44-311

• Jurisdiction: Nebraska
• Ch. 44: Insurance

Text

(1) A health care sharing ministry shall not be considered
to be engaging in the business of insurance for purposes of the insurance
laws of this state.
(2) For purposes
of this section, health care sharing ministry means a faith-based, nonprofit
organization that is tax-exempt under the Internal Revenue Code which:
(a) Limits its
participants to those who are of a similar faith;
(b) Acts as a facilitator
among participants who have financial or medical needs and matches those participants
with other participants with the present ability to assist those with financial
or medical needs in accordance with criteria established by the health care
sharing ministry;
(c) Provides for the financial or medical needs of a participant
through contributions from one participant to another;
(d) Provides amounts
that participants may contribute with no assumption of risk or promise to
pay among the participants and no assumption of risk or promise to pay by
the health care sharing ministry to the participants;
(e) Provides a written monthly
statement to all participants that lists the total dollar amount of qualified
needs submitted to the health care sharing ministry, as well as the amount
actually published or assigned to participants for their contribution;
(f) Provides a
written disclaimer on or accompanying all applications and guideline materials
distributed by or on behalf of the organization that reads, in substance:
IMPORTANT NOTICE.
This organization is not an insurance company, and its product should never
be considered insurance. If you join this organization instead of purchasing
health insurance, you will be considered uninsured. By the terms of this agreement,
whether anyone chooses to assist you with your medical bills as a participant
of this organization will be totally voluntary, and neither the organization
nor any participant can be compelled by law to contribute toward your medical
bills. Regardless of whether you receive payment for medical expenses or whether
this organization continues to operate, you are always personally responsible
for the payment of your own medical bills. This organization is not regulated
by the Nebraska Department of Insurance. You should review this organization's
guidelines carefully to be sure you understand any limitations that may affect
your personal medical and financial needs;
(g) Has participants which retain participation
even after they develop a medical condition; and
(h) Conducts an annual audit
which is performed by an independent certified public accounting firm in accordance
with generally accepted accounting principles and which is made available
to the public upon request.

Legislative History

Source: Laws 2014, LB700, § 12.