Missouri SJR 26: Proposes an amendment to the state constitution regarding health insurance

Bill Text

FIRST REGULAR SESSION
SENATE JOINT RESOLUTION NO. 26
101ST GENERAL ASSEMBLY
INTRODUCED BY SENATOR ESLINGER.
0688S.10I ADRIANE D. CROUSE, Secretary
JOINT RESOLUTION
Submitting to the qualified voters of Missouri, an amendment to article I of the Constitution of
Missouri, by adding thereto one new section relating to health insurance.

Be it resolved by the Senate, the House of Representatives concurring therein:
That at the next general election to be held in the 1
state of Missouri, on Tuesday next following the first Monday 2
in November, 2022, or at a special election to be called by 3
the governor for that purpose, there is hereby submitted to 4
the qualified voters of this state, for adoption or 5
rejection, the following amendment to article I of the 6
Constitution of the state of Missouri:7
Section A. Article I, Constitution of Missouri, is amended 1
by adding thereto one new section, to be known as section 36, 2
to read as follows:3
Section 36. That no health benefit plan providing 1
coverage to a resident of this state shall limit or exclude 2
benefits relating to any condition based on the fact that 3
the condition is a preexisting condition, or shall charge a 4
different premium rate or impose different out-of-pocket 5
costs for the same coverage based on the fact that a person 6
covered under the plan has a preexisting condition. Health 7
benefit plans that provide dependent coverage of children 8
shall continue to make such coverage available for an adult 9
child until the child turns twenty-six years of age. This 10
section shall not apply to plans precluded by federal law or 11
to excepted benefit plans. As used in this section, the 12
following terms shall mean: 13

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(1) "Excepted benefit plan", a policy or certificate 14
of insurance extending the following coverages or any 15
combination thereof: 16
(a) Coverage under short-term major medical policies; 17
(b) Coverage only for accident, including accidental 18
death and dismemberment, insurance; 19
(c) Coverage only for disability income insurance; 20
(d) Credit-only insurance; 21
(e) Other similar insurance coverage under which 22
benefits for medical care are supplemental to other 23
insurance benefits; 24
(f) Coverage only for a specified disease or illness; 25
or 26
(g) Hospital indemnity or other fixed indemnity 27
insurance; 28
(2) "Health benefit plan", a policy, contract, 29
certificate, or agreement, available to or advertised to the 30
public, and entered into, offered, or issued by a health 31
carrier to provide, deliver, arrange for, pay for, or 32
reimburse any of the costs of health care services; except 33
that, health benefit plan shall not include any coverage 34
pursuant to a liability insurance policy, workers' 35
compensation insurance policy, or medical payments insurance 36
issued as a supplement to a liability policy; 37
(3) "Health care service", a service for the 38
diagnosis, prevention, treatment, cure, or relief of a 39
health condition, illness, injury, or disease, including but 40
not limited to the provision of drugs or durable medical 41
equipment; 42
(4) "Health carrier", an entity subject to the 43
insurance laws and regulations of this state that contracts 44
or offers to contract to provide, deliver, arrange for, pay 45

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for, or reimburse any of the costs of health care services, 46
including a sickness and accident insurance company, a 47
health maintenance organization, a nonprofit hospital and 48
health service corporation, or any other entity providing a 49
plan of health insurance, health benefits, or health 50
services; except that such plan shall not include any 51
coverage pursuant to a liability insurance policy, workers' 52
compensation insurance policy, or medical payments insurance 53
issued as a supplement to a liability policy; 54
(5) "Preexisting condition", a condition present 55
before the date of enrollment in a health benefit plan, 56
whether or not any medical advice, diagnosis, care, or 57
treatment is recommended or received before such date. 58
Genetic information shall not be treated as a preexisting 59
condition in the absence of a diagnosis of the condition 60
related to such information. 61
Section B. Pursuant to chapter 116, and other 1
applicable constitutional provisions and laws of this state 2
allowing the general assembly to adopt ballot language for 3
the submission of this joint resolution to the voters of 4
this state, the official summary statement of this 5
resolution shall be as follows: 6
"Shall the Missouri Constitution be amended to 7
provide health insurance protections for 8
children and adults with preexisting conditions, 9
and to require insurance companies to allow 10
children to retain dependent coverage until the 11
age of twenty-six, except as precluded by 12
federal law and in excepted benefit plans?" 13
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