(1) The purpose of these rules is to adopt the
Model Group Coordination of Benefits Regulations, as promulgated by the
National Association of Insurance Commissioners. These rules are intended to
establish uniformity in the permissive use of overinsurance provisions and to
avoid claim delays and misunderstandings that could otherwise result from the
use of inconsistent or incompatible provisions among plans.
(2) A
coordination of benefits (COB) provision is one that is intended to avoid
claims payment delays and duplication of benefits when a person is covered by
two or more plans providing benefits or services for medical, dental or other
care or treatment. It avoids claims payment delays by establishing an order in
which plans pay their claims and providing the authority for the orderly
transfer of information needed to pay claims promptly. It avoids duplication of
benefits by permitting a reduction of the benefits of a plan when, by these
rules, it does not have to pay its benefits first.
(3) These rules permit, but do not require, plans to include COB provisions.
(4) If a
group contract includes a COB provision, it must be consistent with these
rules. A plan that does not include such a provision may not take the benefits
of another plan as defined in subsection (1) of ARM 6.6.2403 into account when
it determines its benefits. There is one exception: a contract holder's
coverage that is designed to supplement a part of a basic package of benefits
may provide that the supplementary coverage must be excess to any other parts
of the plan provided by the contract holder.