Section 31A-22-633 - Exemptions from standardsNotwithstanding the provisions of this title, any accident and health insurer or health maintenance organization may offer a choice of coverage that is less or different than is otherwise required by applicable state law if:
(1) the Department of Health and Human Services offers a choice of coverage as part of a Medicaid waiver under Title 26B, Chapter 3, Health Care - Administration and Assistance, which includes: (a) less or different coverage than the basic coverage;(b) less or different coverage than is otherwise required in an insurance policy or health maintenance organization contract under applicable state law; or(c) less or different coverage than required by Subsection 31A-22-605(4)(b); and(2) the choice of coverage offered by the carrier: (a) is the same or similar coverage as the coverage offered by the Department of Health and Human Services under Subsection (1);(b) is offered to the same or similar population as the coverage offered by the Department of Health and Human Services under Subsection (1); and(c) contains an explanation for each insured of coverage exclusions and limitations.Amended by Chapter 328, 2023 General Session ,§ 3, eff. 5/3/2023.Amended by Chapter 167, 2013 General Session ,§ 21, eff. 5/14/2013.Amended by Chapter 123, 2005 General Session