HOUSE BILL No. 5805

 

August 15, 2012, Introduced by Reps. Lyons, Haveman, Wayne Schmidt, McBroom, Shirkey, Kurtz, O'Brien, Yonker, Huuki, Liss, Hooker, MacMaster, Hobbs, Dillon, Lori, Howze, Smiley, Geiss and Roy Schmidt and referred to the Committee on Insurance.

 

     A bill to recognize the operation of health care sharing

 

ministries by eligible entities; and to provide that entities that

 

establish and operate health care sharing ministries are not

 

engaging in the business of insurance.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the

 

"health care sharing ministries freedom to share act".

 

     Sec. 3. As used in this act:

 

     (a) "Eligible entity" means a faith-based, nonprofit entity

 

that maintains tax-exempt status under section 501(c) of the

 

internal revenue code, 26 USC 501.

 

     (b) "Health care sharing ministry" or "ministry" means a

 

program established by an eligible entity for the sharing of

 


finances and health care in compliance with this act.

 

     Sec. 5. An eligible entity may establish and operate a health

 

care sharing ministry under this act. An eligible entity that

 

establishes and operates a health care sharing ministry in

 

compliance with this act is not engaged in the business of

 

insurance in this state and the entity and ministry are not subject

 

to the insurance laws of this state.

 

     Sec. 7. To be considered a health care sharing ministry under

 

this act, the ministry shall meet all of the following

 

requirements:

 

     (a) Limit participation in the ministry to individuals who are

 

of a similar faith.

 

     (b) Provide that the ministry act as a facilitator by matching

 

its participants who have financial or medical needs with

 

participants who have the ability to assist in meeting those needs

 

according to criteria established for the ministry by the eligible

 

entity.

 

     (c) Provide for the financial or medical needs of a

 

participant through voluntary contributions by its participants.

 

     (d) Provide amounts that participants may contribute with no

 

assumption of risk or promise to pay among its participants.

 

     (e) Provide financial assistance to participants who have

 

financial or medical needs with no assumption of risk or promise to

 

pay by the ministry to its participants.

 

     (f) Provide a monthly written statement to its participants

 

that lists the total dollar amount of qualified financial or

 

medical needs that were submitted to the ministry, as well as the

 


amount actually published or assigned to participants for their

 

contribution.

 

     (g) Provide, in substantially similar form and language, the

 

following written disclaimer on or accompanying all applications

 

and guideline materials distributed by or on behalf of the

 

ministry:

 

     "Notice: The [insert name of eligible entity] that operates

 

this health care sharing ministry is not an insurance company and

 

the financial assistance provided through the ministry is not

 

insurance and is not provided through an insurance company. Whether

 

any participant in the ministry chooses to assist another

 

participant who has financial or medical needs is totally

 

voluntary. A participant will not be compelled by law to contribute

 

toward the financial or medical needs of another participant. This

 

document is not a contract of insurance or a promise to pay for the

 

financial or medical needs of a participant by the ministry. A

 

participant who receives assistance from the ministry for his or

 

her financial or medical needs remains personally responsible for

 

the payment of all of his or her medical bills and other

 

obligations incurred in meeting his or her financial or medical

 

needs.".

 

     Sec. 9. This act takes effect January 1, 2013.