§ 26-1-104 — Applicability of provisions

Wyoming § 26-1-104

• Jurisdiction: Wyoming
• Title 26: Insurance Code
• Ch. 1: SCOPE OF CODE

Text

(a) This code does not apply to:
(i) Repealed by Laws 2018, ch. 21, § 2.
(ii) Fraternal benefit societies as identified in
chapter 29 of this code, except as stated in that chapter;
(iii) Health maintenance organizations as identified
in chapter 34 of this code, except as otherwise specifically
provided in that chapter;
(iv) Transactions in mechanical breakdown insurance
as identified in chapter 37 of this code, except as otherwise
provided in that chapter;
(v) Health care sharing ministries. As used in this
section, "health care sharing ministry" means a faith-based
nonprofit organization that is tax exempt under the Internal
Revenue Code and which:
(A) Coordinates financial sharing for medical
expenses among willing participants in accordance with criteria
established by the health care sharing ministry;
(B) Has annual audits performed by an
independent certified public accountant that are available upon
request; and
(C) Includes a written disclaimer on or
accompanying all applications and guideline materials
distributed by or on behalf of the organization that reads in
substance: "Notice: The organization facilitating the sharing
of medical expenses is not an insurance company, and neither its
guidelines nor plan of operation is an insurance policy. Any
assistance with your medical bills is completely voluntary. No
other participant is compelled by law or otherwise to contribute
toward your medical bills. Participation in the organization or
a subscription to any of its documents shall not be considered
to be health insurance and is not subject to the regulatory
requirements or consumer protections of the Wyoming insurance
code. You are personally responsible for payment of your medical
bills regardless of any financial sharing you may receive from
the organization for medical expenses. You are also responsible
for payment of your medical bills if the organization ceases to
exist or ceases to facilitate the sharing of medical expenses."
(vi) A direct primary care agreement. A direct
primary care agreement means a written agreement that:
(A) Is between a patient or their legal
representative and a health care provider;
(B) Allows either party to terminate the
agreement in writing, without penalty or payment of a
termination fee, at any time or after notice as specified in the
agreement which notice shall not exceed sixty (60) days;
(C) Describes the health care services to be
provided in exchange for payment of a periodic fee;
(D) Specifies the periodic fee required and any
additional fees that may be charged;
(E) May allow the periodic fee and any
additional fees to be paid by a third party;
(F) Prohibits the provider from charging or
receiving additional compensation for health care services
included in the periodic fee; and
(G) Conspicuously and prominently states that
the agreement is not health insurance and does not meet any
individual health insurance mandate that may be required by
federal law.
(vii) Air ambulance membership organizations as
identified in chapter 43, article 3 of this code, except as
otherwise specifically provided in this title;
(viii) Theft protection program warranties, except as
referred to in chapter 49 of this code. Theft protection
program warranties shall not be considered insurance.