PREAMBLE
In
exercise of the powers conferred under Section 114A of the Insurance Act, 1938
and Section 14 read with Section 26 of the IRDA Act, 1999 and in consultation
with the Insurance Advisory Committee, the Authority hereby makes the following
regulations, namely:-
CHAPTER I
: GENERAL
Regulation 1. Short title and commencement.
(a) These
Regulations may be called Insurance Regulatory and Development Authority of
India (Health Insurance) Regulations, 2016.
(b) They
shall come into force from the date of their publication in the official
Gazette of the Government of India.
(c) Unless
otherwise provided by these Regulations, nothing in these Regulations shall
deem to invalidate the Health insurance contracts entered into prior to these
Regulations coming into force.
(d) Unless otherwise
mentioned herein, these Regulations are applicable to all registered Life
Insurers, General Insurers and Health insurers, conducting health insurance
business, as defined under the Act. These Regulations shall also be applicable
to all TPAs wherever mentioned.
Regulation 2. Definitions.
(i) In these
Regulations, unless the context otherwise requires,
(a) "Act"
means the Insurance Act 1938.
(b) "Health
Services Agreement" means an agreement as defined in IRDAI (Third Party
Administrators - Health Services) Regulations, 2016.
(c) "Authority"
means the Insurance Regulatory and Development Authority of India established
under sub section 1 of section 3 of the IRDA Act 1999.
(d) "AYUSH
Treatment" refers to the medical and / or hospitalization treatments given
under 'Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homeopathy systems.
(e) "Break
in policy" means the period of gap that occurs at the end of the existing
policy term, when the premium due for renewal on a given policy is not paid on
or before the premium renewal date or within 30 days thereof.
(f) "Cashless
facility" means a facility extended by the insurer or TPA on behalf of the
insurer to the insured, where the payments for the costs of treatment undergone
by the insured in accordance with the policy terms and conditions, are directly
made to the network provider by the insurer to the extent pre-authorization is
approved.
(g) "Product
Filing Guidelines" mean the Guidelines specified by the Authority on the
procedure to be followed by insurers before marketing or offering a product
falling under Health Insurance Business.
(h) "Health
insurance business" means Health insurance business as defined under
Section 2(6C) of the Act.
(i) "Health
plus Life Combi Products" mean products which offer the combination of a
Life Insurance cover offered by a life insurer and a Health Insurance cover
offered by General Insurer or Health Insurer.
(j) "Network
Provider" means network provider as defined in IRDAI (Third Party
Administrators - Health Services) Regulations, 2016.
(k) "Pilot
product" means a close-ended product with a policy term of one year that
may be offered for sale by General Insurers or Health Insurers for a period not
exceeding five years from the date of launch of the product with a view to
giving scope to innovation for covering risks that have not been offered
hitherto or stand excluded in the extant products.
(l) [***]
(m) "Senior
citizen" means any person who has completed sixty or more years of age as
on the date of commencement or renewal of a health insurance policy.
(n) "Specified"
means specified by the Authority from time to time, by issue of Circulars,
Guidelines or Instructions for the purpose of these regulations on matters
listed in Schedule - III or any other matter which is required to be specified
by the Authority under these Regulations.
(o) [***]
(ii) All words
or expressions not defined in these Regulations but defined in the Insurance
Act 1938 or Insurance Regulatory and Development Authority Act 1999 or Rules or
Regulations made thereunder shall have the same meanings respectively assigned
to them in those Acts, rules or regulations as amended from time to time.
Regulation 3. Registration and Scope of Health Insurance Business.
(a) Health
Insurance products may be offered only by entities with a valid registration
granted to carry on Life Insurance or General Insurance or Health Insurance
Business under the Insurance Regulatory and Development Authority (Registration
of Indian Insurance Companies) Regulations 2000 as amended from time to time.
(b) Life
Insurers may offer long term Individual Health Insurance products i.e., for
term of 5 years or more, but the premium for such products shall remain
unchanged for at least a period of every block of three years, thereafter the
premium may be reviewed and modified as necessary.
Provided
that a life insurer may not offer indemnity based products either Individual or
Group. All existing indemnity based products offered by life insurers shall be
withdrawn as specified under these Regulations.
Provided
also that no single premium health insurance product shall be offered under
Unit Linked platform.
(c) General
Insurers and Health Insurers may offer individual health products with a
minimum tenure of one year and a maximum tenure of three years, provided that
the premium remains unchanged for the tenure.
Provided
General Insurers and Health Insurers may also offer Credit Linked Group
Personal Accident policies for a term extended upto the loan period not
exceeding five years.
Provided
further, notwithstanding the provisions of Regulation 4 (b) of these
Regulations, Life Insurers may offer Group Health Insurance Policies as
specified in Regulation (3) (d).
(d) Group
Personal Accident Policies may be offered by General Insurers and Health
insurers with term less than one year also to provide coverage to specific
events. Other Insurance Products offering Travel Cover and Individual Personal
Accident Cover may also be offered for a period less than one year.
(e) Overseas
or Domestic Travel Insurance policies may only be offered by General Insurers
and Health Insurers , either as a standalone product or as an add-on cover to a
health or personal accident policy.
CHAPTER II : PROVISIONS RELATING TO HEALTH INSURANCE
PRODUCTS
Regulation 4. Product Filing Procedure for health insurance products.
(a) No
insurance product of a Life Insurer, General Insurer and Health Insurer under
Health Insurance Business and any revision or modification thereon shall be
marketed or offered by any insurer unless it is filed with the Authority as per
the Product Filing Guidelines and duly disposed of by the Authority as provided
therein.
(b) Health
Insurance products of Life Insurers shall also be subject to the provisions
specifically provided for health products in the following Regulations as
modified from time to time:
1.
IRDA (Linked Insurance Products) Regulations, 2013.
2.
IRDA (Non-linked Insurance Products) Regulations, 2013
Regulation 5. Withdrawal of Health Insurance Product.
(i) Withdrawal
of a health insurance product by Life Insurers, General Insurers and Health
Insurers shall be subject to the Guidelines specified by the Authority.
(ii) With
regard to specific withdrawal of indemnity based health products offered by
life insurers pursuant to the provisions of Regulation 3 (b) of these
Regulations, the product shall be closed by giving a prospective date of
closure not later than three months from the date of notification of these
Regulations. For existing policyholders, the policy shall continue until the
expiry of the respective policy term.
Regulation 6. Review of Health Insurance Products.
(i) All
particulars of any health insurance product of Life Insurers, General Insurers
and Health Insurers shall, after introduction, revision or modification be reviewed
by the Appointed Actuary at least once a year. If the product is found to be
financially unviable, or is deficient the Appointed Actuary may revise the
product appropriately and apply for revision under Product Filing Guidelines
subject to the provisions of Regulation 10 of these Regulations.
Regulation 7. Group Insurance.
(a) No Group
Health Insurance Policy shall be issued by any Insurer where a Group is formed
with the main purpose of availing itself of insurance. There shall be a clearly
evident relationship as specified by the Authority from time to time between
the members of the group and the group policy holder.
(b) The Group
shall have a size as determined by the Insurer which shall be applicable for
all its group policies, subject to a minimum of 7, to be eligible for issuance
of a Group Insurance Policy. Further, Insurer shall follow the Guidelines
specified by the Authority on Group Insurance, from time to time.
Regulation 8. Underwriting.
(a) Policy
which shall be approved by the Board of the Company. Every Insurer shall also
put in place measures for periodical review of the underwriting policy in tune
with the changes affecting the medical field and health insurance business.
(b) The
underwriting policy shall also cover the approach and aspects relating to
offering health insurance coverage not only to standard lives but also to
sub-standard lives. It shall have in place various objective underwriting
parameters to differentiate the various classes of risks being accepted in
accordance with the respective risk categorisation.
(c) Any
proposal for health insurance may be accepted as proposed or on modified terms
or denied wholly based on the Board approved underwriting policy. A denial of a
proposal shall be communicated to the prospect in writing, by recording the
reasons for denial. Provided, the denial of the coverage shall be the last
resort that an insurer may consider.
(d) General
Insurers and Health Insurers may devise mechanisms or incentives to reward
policyholders for early entry, continued renewals (wherever applicable),
favourable claims experience, preventive and wellness habits and disclose
upfront such mechanism or incentives in the prospectus and the policy document,
by complying with the norms specified under Product Filing Procedure Guidelines.
Provided
that what is proposed to be covered as part of wellness habits and preventive
habits be clearly defined in each and every product.
[***]
[(e) The
insured shall be informed in writing of any underwriting loading charged over
and above the premium as filed and approved under the Product Filing Guidelines
and specific consent of the policyholder for such loadings shall be obtained
before issuance of a policy.]
Regulation 9. Proposal Form.
(a) Every
Life Insurer, General Insurer and Health Insurer shall devise a proposal form
to be submitted by a proposer seeking a health insurance policy. Such form
should capture all the information necessary to underwrite a proposal in
accordance with the stated Underwriting Policy of the Company.
(b) Information
collected from the proposal form during the course of solicitation of an
insurance policy or issuance of an insurance policy shall not be parted with to
any third party, except with the statutory authorities in accordance with the
existing statutory laws or in accordance to the instructions issued by the
Authority or for the purpose of underwriting the policy of the same individual
or claim settlement. No Insurer shall insert any clauses or conditions in the
proposal forms, express or implied thereby obligating the prospect to part with
the information pertaining to his/her proposal. Notwithstanding the above
provisions, all Insurers shall comply with the applicable provisions of the
Law, other applicable Regulations as well as Guidelines specified by the
Authority while designing the proposal forms.
Regulation 10. Principles of Pricing of Health Insurance Products offered by Life, General and Health Insurers.
(a) Insurers
shall ensure that the premium for a health insurance policy shall be based on,
(i) Age: for
individual policies and group policies.
(ii) Other
relevant risk factors as applicable
(b) For
provision of cover under family floater, the impact of the multiple incidence
of rates of all family members proposed to be covered shall be considered.
(c) The premiums
filed shall ordinarily be not changed for a period of three years after a
product has been cleared in accordance to the product filing guidelines
specified by the Authority. Thereafter the insurer may revise the premium rates
depending on the experience subject to (d) (e) and (f) hereunder. However, such
revised rates shall not be changed for a further period of at least one year
from the date of launching the revision.
(d) The
policy premium rate shall be unchanged
(i) for all
group products for the term of the policy.
(ii) for all
individual and family floater products, other than travel insurance products
offered by general insurers and health insurers, for at least:
(1) a period
of one year in case of one year renewable policies and
(2) the
period stipulated in 3 (c) herein in case of the rest.
(iii) In case
of individual health products offered by life insurers, every block of three
years as stipulated in Regulation (3) (b).
(e) Subject
to Regulation (3) (b), changes in rates will be applicable from the date of
approval by the Authority and shall be applied only prospectively thereafter
for new policies and from the date of renewal for the existing policies.
(f) Notwithstanding
the above provisions, all Insurers shall comply with the Guidelines specified
by the Authority while pricing the products.
CHAPTER
III : GENERAL PROVISIONS RELATING TO HEALTH INSURANCE
Regulation 11. Designing of Health Insurance Policies.
(a) Subject
to Regulation 3 as applicable, Health insurance product may be designed to
offer various covers;
(i) For specific
age or gender groups
(ii) For
different age groups
(iii) For
treatment in all hospitals throughout the country, provided the hospitals
comply with the definition specified
(iv) For
treatment in specific hospitals only, provided the morbidity rates used are representative
(v) For
treatment in specific geographies only, provided the morbidity rates used are
representative
Provided,
such specifications are disclosed clearly upfront in the product prospectus,
documents and during sale process. And provided that no insurer shall offer any
benefit or service without any insurance element.
(b) In order
to facilitate offering of innovative covers by insurers, 'Pilot products' may
be designed and filed for approval of the Authority in accordance with the
Product Filing Guidelines specified by the Authority. Pilot products referred
herein can be offered only by General Insurers and Health Insurers for policy
tenure of one year. Every Pilot product may be offered upto a period not
exceeding 5 years. After 5 years of launch of the pilot product, the product
needs to get converted into a regular product or based on valid reasons may be
withdrawn subject to the insured being given an option to migrate to another
product subject to portability conditions. The Authority may specify guidelines
for Pilot Products from time to time. Where a pilot product gets converted into
a regular product, any exception made in these Regulations for pilot products
shall no longer apply and the insurer shall ensure compliance with all the
provisions of these Regulations.
(c) Insurer
shall not compel the insured to migrate to other health insurance products. In
case of migration from a withdrawn product , the insurer shall offer the
policyholder an alternative available product subject to portability conditions.
(d) Insurers
shall ensure adequate dissemination of product information on all their health
insurance products on their websites. This information shall include a
description of the product, copies of the prospectus as approved under the
Product Filing Guidelines, proposal form, policy document wordings and premium
rates inclusive and exclusive of Service Tax as applicable.
[e. To
enable access to the basic health insurance covers, all insurers shall offer a
standard health insurance product as per the guidelines as may be specified by
the Authority from time to time.
(f) Any of the exclusions in all health insurance policies shall
be subject to the guidelines as may be specified by the Authority from time to
time.]
Regulation 12. Entry and Exit Age.
(i) Except as
provided for in regulation 17(i), all health insurance policies shall
ordinarily provide for an entry age of at least up to 65 years
(ii) Except
travel insurance products, personal accident products and Pilot Products
referred to in Regulation 2(i)(l) herein, once a proposal is accepted and a
policy is issued which is thereafter renewed periodically without any break,
further renewal shall not be denied on grounds of the age of the insured.
Regulation 13. Renewal of Health Policies issued by General Insurers and Health Insurers (not applicable for travel and personal accident policies).
(i) A health
insurance policy shall ordinarily be renewable except on grounds of fraud,
moral hazard or misrepresentation or non-cooperation by the insured, provided
the policy is not withdrawn.
(ii) An
insurer shall not deny the renewal of a health insurance policy on the ground
that the insured had made a claim or claims in the preceding policy years,
except for benefit based policies where the policy terminates following payment
of the benefit covered under the policy like critical illness policy.
(iii) The
insurer shall provide for a mechanism to condone a delay in renewal up to 30
days from the due date of renewal without deeming such condonation as a break
in policy. However coverage need not be available for such period.
[Provided
the renewal premium shall not be accepted more than 90 days in advance of the
due date of the premium payment.]
(iv) The
promotion material and the policy document shall explicitly state the
conditions under which a policy terminates, such as on the payment of the
benefit in case of critical illness benefits policies.
Regulation 14. Free Look Period.
(i) All new
individual health insurance policies issued by Life Insurers, General Insurers
and Health Insurers, except those with tenure of less than a year shall have a
free look period. The free look period shall be applicable at the inception of
the policy and
(1) The
insured will be allowed a period of at least 15 days from the date of receipt
of the policy to review the terms and conditions of the policy and to return
the same if not acceptable.
(2) If the
insured has not made any claim during the free look period, the insured shall
be entitled to-
(a) A refund
of the premium paid less any expenses incurred by the insurer on medical
examination of the insured persons and the stamp duty charges or;
(b) where the
risk has already commenced and the option of return of the policy is exercised
by the policyholder, a deduction towards the proportionate risk premium for
period on cover or;
(c) Where
only a part of the insurance coverage has commenced, such proportionate premium
commensurate with the insurance coverage during such period;
(d) In
respect of unit linked policy, in addition to the above deductions, the insurer
shall also be entitled to repurchase the unit at the price of the units as on
the date of the return of the policy.
Regulation 15. Manner of treating Cost of pre-insurance health check up by Life, General and Health Insurers.
(i) The cost
of any pre-insurance medical examination shall generally form part of the
expenses allowed in arriving at the premium. However in case of products with
term of one year and less, if such cost is to be incurred by the insured, not
less than 50% of such cost shall be borne by the insurer once the proposal is
accepted, except in travel insurance policies.
(ii) Insurers
shall maintain a list of medical examiners and institutions where such
pre-insurance medical examination may be conducted whose reports will be
accepted by them. Details of fee payable shall be made available to the
prospective policyholder at the time of pre-insurance medical examination on
demand.
Regulation 16. Cumulative bonus.
(i) Cumulative
bonuses offered under policies, shall be stated explicitly in the prospectus
and the policy document.
(ii) If a
claim is made in any particular year, the cumulative bonus accrued may be
reduced at the same rate at which it has accrued;
Regulation 17. Migration of health insurance policy (not applicable for Travel and Personal Accident policies).
[i. General insurers and health insurers offering
indemnity based health covers shall offer an option to the policyholders to
migrate to a suitable alternative health insurance policy available at the time
of modification or withdrawal of the policy. Further, indemnity based health
covers offered to specific age groups, students, children under family floater
policies, shall also offer an option to such lives to migrate to a suitable
alternative health insurance policy available at the specific exit age. Every
policy migrated shall be allowed suitable credits for all the previous policy
years, provided the policy has been maintained without a break.]
ii. Pilot products
offered by general insurers and health insurers, may be guided by Regulation
11(b).
iii. All health insurance
policies issued by General and Health Insurers shall allow the portability of
any policy in accordance with Schedule -1 of these Regulations.
[iv.
Further to sub-regulation (i) to (iii), the norms on migration and portability
of all policies issued by general insurers and health insurers shall be subject
to the guidelines as may be specified by the Authority from time to time.]
Regulation 18. AYUSH Coverage.
[a. All
insurers may endeavour to provide coverage for one or more systems covered
under "AYUSH treatment" provided, the treatment has been undergone in
the hospitals or healthcare facilities subject to the guidelines as may be
specified by the Authority from time to time.]
Regulation 19. Wellness and Preventive aspects.
[Insurers
may endeavour promoting wellness amongst policyholders of health insurance as
per the guidelines as may be specified by the Authority from time to time.]
Regulation 20. Standard Definition of terms in health insurance policies (not applicable for Personal Accident and Travel policies).
(i) Phrases
and terms used in all health insurance policies issued by Life Insurers,
General Insurers and Health Insurers shall carry the meaning attached to them
as specified in 'Standard Definitions', if any, issued by the Authority from
time to time, through Guidelines.
Regulation 21. Standard Nomenclature and Procedures for Critical Illnesses (not applicable for Personal Accident and travel policies).
(i) The
nomenclature and procedures incorporated into policies offering 'critical
illness cover' shall be as specified by the Authority from time to time through
Guidelines.
Regulation 22. Optional Coverage for Certain Items (applicable to General Insurers and Health Insurers).
(i) List of
Generally Excluded Items that may be optionally covered by the Insurers may be
specified by the Authority from time to time through Guidelines.
(a) In
respect of hospitalisation indemnity policies that exclude certain standard
items, Insurers shall ensure that these are mentioned in the product filing
when made under the Product Filing Guidelines.
(b) Product
wise specific list of excluded items shall be disclosed in the website of
insurers and a reference shall be made in the prospectus and policy wordings of
the respective products about such excluded items and the availability of the
details on the website along with the address of website.
(c) Insurers
shall supply the policyholders on demand a copy of such excluded list of the
concerned product if the same is not incorporated in the policy document.
(d) Insurers
may offer cover for these items and mention it clearly in the policy.
Regulation 23. Special Provisions for Senior Citizens.
(i) The
premium charged for health insurance products offered by Life Insurers, General
Insurers and Health Insurers to senior citizens shall be fair, justified,
transparent and duly disclosed upfront.
[***]
(ii) All Life
Insurers, General Insurers and Health insurers and TPAs, as the case may be,
shall establish a separate channel to address the health insurance related
claims and grievances of senior citizens.
Regulation 24. Multiple Policies.
(i) In case
of multiple policies which provide fixed benefits, on the occurrence of the
insured event in accordance with the terms and conditions of the policies, each
insurer shall make the claim payments independent of payments received under
other similar polices.
(ii) If two or
more policies are taken by an insured during a period from one or more insurers
to indemnify treatment costs, the policyholder shall have the right to require
a settlement of his/her claim in terms of any of his/her policies.
1.
In all such cases the insurer who has issued the chosen policy
shall be obliged to settle the claim as long as the claim is within the limits
of and according to the terms of the chosen policy.
[2.
Balance claim or claims disallowed under the earlier chosen policy/policies may
be made from the other policy/policies even if the sum insured is not exhausted
in the earlier chosen policy/policies. The insurer(s) in such cases shall
independently settle the claim subject to the terms and conditions of other
policy / policies so chosen.]
3. If the amount to be
claimed exceeds the sum insured under a single policy after considering the
deductibles or co-pay, the policyholder shall have the right to choose insurers
from whom he/she wants to claim the balance amount.
4. Where an insured has
policies from more than one insurer to cover the same risk on indemnity basis,
the insured shall only be indemnified the hospitalization costs in accordance
with the terms and conditions of the chosen policy.
Regulation 25. Loadings on Renewals.
(i) For
Individual products, the loadings on renewal shall be in terms of increase or
decrease in premiums offered for the entire portfolio and shall not be based on
any individual policy claim experience.
(ii) The
discounts and loadings offered shall:
(1) not be at
the discretion of the insurer;
(2) be based
on an objective criteria;
(3) be
disclosed upfront in the prospectus and policy document along with the
objective criteria, and shall be as approved under the Product Filing
Guidelines
(iii) No
Insurer shall resort to fresh underwriting by calling for medical examination,
fresh proposal form etc. at renewal stage where there is no change in Sum
Insured offered. Provided that where there is an improvement in the risk
profile, the Insurer may endeavour to recognise that for removal of loadings at
the point of renewal.
CHAPTER IV: ADMINISTRATION OF HEALTH INSURANCE
POLICIES
Every
Life Insurer, General Insurer and Health Insurer shall ensure the following, as
may be applicable:
Regulation 26. Protection of Policyholders' Interest.
Every
insured shall be provided with a Customer Information Sheet as specified by the
Authority in the relevant Guidelines. The insurer shall establish necessary
systems, procedures, offices and infrastructure to enable efficient issuance of
pre-authorisations on a 24 hour basis and for prompt settlement of claims and
grievances.
Regulation 27. Settlement/Rejection of claim by insurer.
(i) An
insurer shall settle or reject a claim, as may be the case, within thirty days
of the receipt of the last 'necessary' document.
(ii) Except in
cases where a fraud is suspected, ordinarily no document not listed in the
policy terms and conditions shall be deemed 'necessary'. The insurer shall
ensure that all the documents required for claims processing are called for at
one time and that the documents are not called for in a piece-meal manner.
(iii) The
information that the insurer has captured in the proposal form at the time of
accepting the proposal, the terms & conditions offered under the policy,
the medical history as revealed by earlier claims, if any, and the prior claims
experience shall all be maintained by the insurer as an electronic record and
shall not be called for again from the policyholder/insured at the time of
subsequent claim settlements.
(iv) Insurer
may stipulate a period within which all necessary claim documents should be
furnished by the policyholder/insured to make a claim. However, claims filed
even beyond such period should be considered if there are valid reasons for any
delay.
(v) Every
Insurance Claim shall be disposed of in accordance to the Terms and Conditions
of the policy contract and the extant Regulations governing the settlement
of Claims. No Claim shall be closed in the books of the Insurers.
[vi.
Further to sub-regulation (i) to (v), in matters relating to settlement of
claims, the Authority may specify guidelines from time to time.]
Regulation 28. Minimum Disclosures in Policy Document.
In
addition to the requirements stipulated in IRDA (Protection of Policyholders'
Interest) Regulations, 2002 as amended from time to time the policy document
shall contain:
(i) List of
disclosures required as per this regulation.
(ii) Procedure
for claims submission, time lines and possible course of action, if time lines
for claim submission are not adhered to along with all the claims documents
required for claim processing.
(iii) Sub-limits
applicable on any of the covers offered in the health insurance product and the
impact of such sub-limits on other covers provided in the product, if any,
shall be clearly spelt out.
(iv) Penal
interest provision shall invariably be incorporated in the policy document as
per Regulation 9(6) of IRDA (Protection of Policyholders' Interests)
Regulations, 2002 as modified from time to time.
(v) The
TPA(s) details, if any along with the complete address and contact numbers
shall be attached to the policy document. It shall also be mentioned that the
updated list of the TPAs will be available in the website of the Insurers.
Regulation 29. Other Disclosures.
(i) Every
Insurer shall disclose product-wise or location or geography-wise particulars
of the TPAs that are engaged for rendering health services in their
respective website, and these details shall be updated whenever there is a change.
(ii) Product-wise
cashless services offered shall be clearly explained in the website of the
respective Insurers.
(iii) In case
of Pilot Products referred under Regulation (2)(i)(l) above, in addition to all
the extant disclosure norms applicable to insurance advertisements, all
the sales and publicity material pertaining to the 'Pilot products' shall
disclose the following:
(1) The
product offered is a pilot product and that it is a close-ended one.
(2) The
product may be discontinued from the date of dd/mm/yyyy (to specify the maximum
date on which the product be either withdrawn or converted into a regular
product) or may be continued as a regular product.
(3) In the
event of the discontinuation of the Pilot product, the Insured would be
provided the option of migration as per the extant applicable provisions.
(4) The
product shall carry a tag line of "PILOT PRODUCT" to demonstrate that
the Health Insurance product promoted is a Pilot product.
(iv) Insurer
shall keep the insured informed of the list of Network Providers and display
the same on their website. Such list shall be displayed geography wise and
updated as and when there is any change in the Network providers.
Regulation 30. Administration of Health Policies.
a.
Subject to the terms of a policy, General Insurers and Health
insurers shall extend to all policy holders a cashless facility for treatment
at specific establishments or the reimbursement of the costs of medical
and health treatments or services availed at any medical establishment.
b.
Cashless facility shall be offered only at establishments which
have entered into an Agreement with the insurer to extend such services. Such
establishments will be termed as Network Providers.
[c. Subject to terms and conditions of the policy
contract, reimbursement shall be allowed at any hospital or medical
establishment. All such establishments must be licensed or registered as may be
required by any Local, State or National Law as may be applicable.]
d. The administration of
all health plus life-combi products shall be in accordance with the provisions
of Schedule II of this Regulation.
e. Except in emergencies
a cashless facility may require a Pre-Authorisation to be issued by the Insurer
or an appointed TPA to the Network Provider where the treatment is to be
undergone. The Authority may prescribe a Standard Pre-Authorisation form and
standard reimbursement claims forms which shall be used for this purpose, as
applicable.
f. To avail the benefit
of cashless facility, insurers shall issue an Identification Card to the
insured within 15 days from the date of issuance of a policy, either through a
TPA or directly. Provided where there is no mention of the expiry date on the
card, the Insurer may provide a permanent card which is valid as long as the
policy is renewed with the company.
g. The identification
card shall, at the minimum, carry details of the policyholder and the logo of
the insurer. Insurers shall endeavour to issue Smart Cards with features such
as cards with Quick Response Code, Magnetic reader to enable the TPAs and
Network Providers offer health services seamlessly.
h. Where a policyholder
has been issued a pre-authorisation for the conduct of a given procedure in a
given hospital or if the policyholder is already undergoing such treatment at a
hospital, and such hospital is proposed to be removed from the list of Network
Provider before the final settlement of the claim, then insurers shall provide
the benefits of cashless facility to such policy holder as if such hospital
continues to be on the Network Provider list.
i. An insurance company
may enter into an arrangement with other insurance companies for sharing of
Network Providers, transfer of claim and transactional data arising in areas
beyond their service.
Regulation 31. Health Services Agreements.
(a) Insurance
companies may offer policies providing cashless services to the policyholders
provided:
(i) The
services are offered through network providers who have been enlisted to provide
medical services under a direct written agreement with the insurer where there
is a direct arrangement or by a tripartite agreement amongst health services
provider, the TPA and the insurer where it is through a TPA. Where an insurer
wishes to utilise the services of a TPA, it shall ensure that the written
agreement is entered into for defined services with a TPA holding a valid
Certificate of Registration issued in accordance with the IRDAI (Third Party
Administrators - Health Services) Regulations, 2016 as may be amended from time
to time.
(b) The
Agreements which shall be entered into between / amongst insurers, network
providers or TPAs shall cover the following amongst others:
(i) The
tariff applicable with respect to various kinds of healthcare services being
provided by the network provider.
(ii) A clause
empowering the insurer to cancel or modify the agreement in case of any fraud,
misrepresentation, inadequacy of service or other non-compliance or default on
the part of TPA or network provider;.
(iii) A standard
clause as may be agreed upon providing for continuance of services by a network
provider to the insurance company if the TPA is changed or the agreement with
TPA is terminated.
(iv) A clause
providing for opting out of network provider from a given TPA or disempanelment
of a network provider by a TPA subject to Guidelines specified by the
Authority, if any, for reasons of inadequacy of service rendered by the TPA to
the network provider.
(v) A clause
specifically fixing the onus on the Insurer to deny or repudiate a claim
(vi) A clause
enabling insurer to inspect the premises of the Network Provider at any time
without prior intimation.
(c) Insurers
and TPAs shall comply with standard clauses to be incorporated in all such
agreements as specified by the Authority by way of guidelines.
(d) The
insurance company shall endeavour to enter into Agreements with adequate number
of both public and private sector network providers across the geographical
spread. The copy of the agreement shall be maintained by the Insurer for a
period of not less than five years from the date of the expiry or termination
of the agreement.
(e) The
Authority may specify, through Guidelines, certain standards, benchmarks and
protocols for Network Providers from time to time. The Insurers and TPAs shall
ensure that only those Providers who meet with such standards, benchmarks and
protocols are enrolled into the network.
Regulation 32. Payments to Network Providers and Settlement of Claims of Policyholders.
(a) For the
purpose of claim settlement, insurer shall make direct payments to the Network
provider and to the policyholders by integrating their banking system platform
with the Network Provider or the policyholder, as the case may be. Provided
that, if a claimant opts for payment through a cheque or Demand Draft, the
insurer shall not deny such request.
Regulation 33. Engagement of Services of TPAs by Insurers in relation to Health Insurance Policies.
(a) Every
Insurer shall provide detailed product wise guidelines to TPAs for handling of
claims i.e. claim admissions and assessments. The guidelines shall articulate
the payments / benefits allowed or disallowed under various products that are
being serviced by the TPAs. While prescribing such guidelines the Insurers
shall also prescribe the capacity requirements, internal control procedures to
be put in place by the TPA under the agreement for rendering the services under
such product.
(b) Detailed
Claim Guidelines: Every Insurer shall issue detailed product specific claim
guidelines to TPAs
(c) Insurers
shall ensure that the TPAs are not carrying out the following activities as
part of the agreement
(i) Claim
rejections/repudiations with respect to the health insurance policies;
(ii) Payments
to the policyholders, claimants or the network providers;
(iii) Any
services directly to the policyholder or insured or to any other person unless
such service is in accordance with the terms and conditions of the Agreement
entered into with the insurer and complies with the IRDAI (TPA-Health Services)
Regulations, 2016.
(d) Settlement
and Denial of Claims:
(i) Insurers
and/or TPAs, as may be applicable, shall endeavour to collect documents for
processing claims for disposal electronically. Claims that are being settled
shall be done through e-payments by the insurers.
(ii) Where
claims are directly handled by the Insurers, the provisions of Regulation (21)
(3) (c) (i) of IRDAI (TPA-Health Services) Regulations, 2016 shall be complied
in the correspondence to the policyholder with respect to settlement of the
claims
(iii) The
insurer shall be responsible for proper and prompt service to the policyholders
at all times.
(iv) Where a
claim is denied or repudiated, the communication about the denial or the
repudiation shall be made only by the Insurer by specifically stating the
reasons for the denial or repudiation, while necessarily referring to the
corresponding policy conditions. The insurer shall also furnish the grievance
redressal procedures available with the Insurance Company and with the
Insurance Ombudsman along with the detailed addresses of the respective
offices.
(e) More than
one TPA may be engaged by an insurance company.
Regulation 34. Change of TPAs by Insurers for servicing of Health Insurance Policies.
(a) Where
there is a change in the TPA, insurers shall communicate to the policyholders
30 days before giving effect to the change.
(b) The
contact details like helpline numbers, addresses, etc. of the new TPA shall be
immediately made available to all the policyholders in case of change of TPA.
(c) The
insurers shall take over all the data in respect of the policies serviced by
the earlier TPA within thirty days from the cessation of the services of the
TPA and make sure that the same is transferred seamlessly to the newly assigned
TPA, if any. No inconvenience or hardship shall be caused to the policyholders
as a result of the change. In this regard, the following aspects shall receive
special attention:
(i) Status of
cases where pre-authorization has already been issued by existing TPA.
(ii) Status of
cases where claim documents have been submitted to the existing TPA for
processing.
(iii) Status of
claims where processing has been completed by the TPA and payment is pending
with the insurer.
Regulation 35. Data and related issues.
(a) The TPA
and the insurer shall establish a seamless flow of data transfer for all the
claims. Towards this purpose the entities referred herein shall endeavour
electronic flow of the data.
(b) The
respective claim settlement files shall be handed over to the insurer within 15
days thereof.
[c. Authority may require insurers, third party administrators
and network providers to comply with data related matters and settlement of
claims through electronic means as per the guidelines as may be specified by
the Authority from time to time.]
Regulation 36. Systems to be in place to mitigate Frauds.
Insurers
and TPAs should put in place systems and procedures to identify, monitor and
mitigate frauds and also follow Guidelines, if any, specified by the Authority
from time to time in this regard.
CHAPTER V: SUBMISSION OF
RETURNS TO THE AUTHORITY
Regulation 37. Submission of Returns to the Authority.
All insurance companies carrying
on health insurance business shall furnish Returns to the Authority as may be
specified by the Authority vide Guidelines.
CHAPTER VI: REPEAL AND
SAVINGS AND REMOVAL OF DIFFICULTIES
Regulation 38. Repeal and Savings.
(a)
These Regulations supersede Insurance Regulatory and Development
Authority (Health Insurance) Regulations 2013 and Insurance Regulatory and
Development Authority (Health Insurance) (First Amendment) Regulations, 2014.
Regulation 39. Removal of difficulties.
In order to remove any
difficulties in the application or interpretation of these regulations, the
Chairperson of the Authority may issue clarifications, directions and
guidelines in the form of circulars.
Schedule-I
Portability of Health Insurance Policies offered by General
Insurers and Health Insurers
(1) A
policyholder desirous of porting his/her policy to another insurance company
shall apply to such insurance company to port the entire policy along with all
the members of the family, if any, at least 45 days before, but not earlier
than 60 days from the premium renewal date of his/her existing policy.
(2) Insurer
may not be liable to offer portability if policyholder (a) fails to approach
the new insurer at least 45 days before the premium renewal date, or (b)
approaches the new Insurer more than 60 days prior to the premium renewal date.
(3) Portability
shall be opted for by the policyholder only as stated in (1) above and not
during the currency of the policy.
(4) In case
insurer is willing to consider the proposal for portability even if the
policyholder fails to approach insurer at least 45 days before the renewal
date, it is free to do so.
(5) Where the
outcome of acceptance of portability is still awaited from the new insurer on
the date of renewal
(a) the
existing policy shall be allowed to be extended, if requested for by the
policyholder, for a short period of not less than one month by accepting a pro-
rata premium for such short period and
(b) existing
insurer shall not cancel existing policy until such time a confirmed policy
from new insurer is received or there is a specific written request of the
insured
(c) the new
insurer, in all such cases, shall reckon the date of the commencement of risk
to match with the date of expiry of the short period policy issued based on the
request of the policyholder. If for any reason the insured intends to continue
the policy before the expiry of the policy or before the expiry of the
short-period policy referred to under Clause (5) (a) above, with the existing
insurer, it shall be allowed to continue by charging regular premium and
without imposing any new condition.
(6) In case
the policyholder has opted as in Clause (5) (a), and there is a claim, the
existing insurer may charge the balance premium for remaining part of the
policy year provided the claims are accepted by the existing insurer. In such
cases, policyholder shall be liable to pay the premium for the balance period
and continue with the existing insurer for that policy year.
(7) On
receipt of intimation referred under Clause (1) above, the insurance company
shall furnish the applicant, the Portability Form as set out in Annexure-I to
these guidelines together with a proposal form and relevant product literature
on various health insurance products which could be offered.
(8) The
policyholder shall fill in the portability form along with proposal form and
submit the same to the insurance company.
(9) On
receipt of the Portability Form, the insurance company shall seek the necessary
details of medical history and claim history of the concerned policyholder from
the existing insurance company. This shall be done through the web portal of
the IRDAI.
(10) The
existing insurer, on receiving such a request on portability shall furnish the
requisite data for porting insurance policies in the prescribed format in the
web portal of IRDAI within 7 working days of the receipt of the request.
(11) In case
the existing insurer fails to provide the requisite data in the data format to
the new insurance company within the stipulated time frame, it shall be viewed
as violation of directions issued by the IRDAI and the insurer shall be subject
to penal provisions under the Insurance Act, 1938.
(12) On
receipt of the data from the existing insurance company, the new insurance
company may underwrite the proposal and convey its decision to the policyholder
in accordance with the Regulation 4 (6) of the IRDA (Protection of
Policyholders' interest) Regulations, 2002.
(13) If, on
receipt of data within the above time frame, the insurance company does not
communicate its decision to the requesting policyholder within 15 days in
accordance with its underwriting policy as filed by the company with the
Authority, the insurance company shall not have any right to reject such
proposal and shall accept the proposal.
(14) In order
to accept a policy which is being ported in, the insurer shall not levy any
additional [***] charges exclusively
for the purpose of porting.
(15) No
commission shall be payable to any intermediary on the acceptance of a ported
policy.
[16.
Portability shall be allowed subject to the guidelines as may be specified by
the Authority from time to time.]
17. For any health
insurance policy, waiting period with respect to pre-existing diseases and time
bound exclusions shall be taken into account as follows:-
|
S. No.
|
No of years of continuous
insurance cover with previous insurer(s)
|
Waiting period to be
served with new insurer in number of days/years
|
|
YY Days
|
1 Year
|
2 years
|
3 years
|
4 years
|
|
I.
|
XX Days at inception
(XX-no of days as per the policy document)
|
(YY-XX) Days
|
N/A
|
N/A
|
N/A
|
N/A
|
|
II.
|
For 1 year period
exclusion:
|
|
1 year
|
N/A
|
Nil
|
1 Year
|
2 Years
|
3 Years
|
|
III.
|
For 2 year period
exclusion:
|
|
1 year
|
N/A
|
Nil
|
1 Year
|
2 Years
|
3 Years
|
|
2 years
|
N/A
|
Nil
|
Nil
|
1 Year
|
2 Years
|
|
IV.
|
For 3 year period
exclusion:
|
|
1 year
|
N/A
|
Nil
|
1 Year
|
2 Years
|
3 Years
|
|
2 years
|
N/A
|
Nil
|
Nil
|
1 Year
|
2 Years
|
|
3 years
|
N/A
|
Nil
|
Nil
|
Nil
|
1 Year
|
|
V.
|
For 4 year period
exclusion:
|
|
1 year
|
N/A
|
Nil
|
1 Year
|
2 Years
|
3 Years
|
|
2 years
|
N/A
|
Nil
|
Nil
|
1 Year
|
2 Years
|
|
3 years
|
N/A
|
Nil
|
Nil
|
Nil
|
1 Year
|
|
4 years
|
N/A
|
Nil
|
Nil
|
Nil
|
Nil
|
Note 1:
In case the waiting period for a certain disease or treatment in the new policy
is longer than that in the earlier policy for the same disease or treatment,
the additional waiting period should be clearly explained to the incoming
policy holder in the portability form to be submitted by the porting
policyholder.
Note 2:
For group health insurance policies, the individual members shall be given
credit as per the table above based on the number of years of continuous
insurance cover, irrespective of, whether the previous policy had any
pre-existing disease exclusion/time bound exclusions.
18. The portability shall
be applicable to the sum insured under the previous policy and also to an
enhanced sum insured, if requested for by the insured, to the extent of
cumulative bonus acquired from the previous insurer(s) under the previous
policies.
For e.g.
- If a person had a SI of Rs. 2 lakhs and accrued bonus of Rs. 50, 000 with insurer
A; when he shifts to insurer B and the proposal is accepted, insurer B has to
offer him SI of Rs. 2.50 lakhs by charging the premium applicable for Rs. 2.50
lakhs. If insurer B has no product for Rs. 2.50 lakhs, insurer B would offer
the nearest higher slab say Rs. 3 lakhs to insured by charging premium
applicable for Rs. 3 lakhs SI. However, portability would be available only up
to Rs. 2.50 lakhs.
19. Insurers shall clearly
draw the attention of the policyholder in the policy contract and the promotional
material like prospectus, sales literature or any other documents in any form
whatsoever, that:
(a) all
health insurance policies are portable;
(b) policyholder
should initiate action to approach another insurer to take advantage of
portability well before the renewal date to avoid any break in the policy
coverage due to delay in acceptance of the proposal by the other insurer.
Annexure-I
Portability Form
PART-I
|
1)
|
Name of the Policyholder
/ insured (s)
|
|
|
2)
|
Date of Birth/Age
|
|
|
3)
|
Address of the policyholder/insured
|
|
|
4)
|
Details of existing
insurer
|
|
|
|
i. Name of the product
|
|
|
|
ii. Sum Insured
|
|
|
|
iii. Cumulative Bonus
|
|
|
|
iv. Add-ons/riders taken
|
|
|
|
v. Policy number
|
|
|
5)
|
Details of the proposed
insurance
|
|
|
|
i. Name of the product proposed/intend
to take
|
|
|
|
ii. Sum Insured Proposed
|
|
|
|
iii. Whether Cumulative
Bonus to be converted to an enhanced sum insured
|
|
|
6)
|
Reason(s) for portability
|
|
|
7)
|
No. of family member to
be included in the policy to be ported.
|
|
|
Enclosure: Photocopy of
the existing policy documents
|
|
Date: Signature of the
policyholder
|
PART-II
1.
Whether the PED exclusions / time bound exclusion have longer
exclusion period than the existing policy: (Please indicate Yes / NO):
2.
If yes, please give written consent to the declaration below:
"I
am aware that the waiting period for the following disease(s)/treatment(s) is
..... Days/years more than the previous policy terms. I hereby agree to observe
the additional waiting period for the following disease(s)/treatment(s)
Signature of the policyholder
Schedule-II
Administration
of Health plus Life Combi Products
(1)
The product of this class shall be named as 'Health plus Life
Combi Products' referred as 'Combi Products' hereinafter in this schedule.
(2)
This schedule does not apply to Micro Insurance Products which are
governed by IRDAI (Micro Insurance) Regulations, 2015.
(3)
All insurance companies that promote 'Health plus Life Combi
products' shall adhere to the following:
(a)
Scope of Combi Product Class:
(i)
'Combi Products' may be promoted by all Life Insurers and General
Insurers or Health Insurers.
(ii)
'Combi Product' shall be a combination of Life Insurance cover
offered by life insurance companies and Health Insurance cover offered by
General Insurance Companies or Health Insurance Companies.
(iii)
Products offered as a combi-product shall have been individually
cleared under the File and Use procedure applicable to Life Insurance Products
and the Product Filing Guidelines applicable to Health Insurance Products
respectively.
(iv)
Riders and Add-on covers may be offered subject to File and Use
procedure applicable to Life Insurance and the Product Filing Guidelines
applicable to Health Insurance respectively.
(v)
The premium components of both the risks are to be separately
identified and disclosed to the policyholders at both pre-sale stage and
post-sale stage and in all documents like policy document, prospectus and sales
literature.
(vi)
The product may be offered both as individual insurance policy and
on group basis. However in respect of health insurance floater policies, the
life insurance coverage is allowed on the life of one of the earning members of
the family who is also the proposer on health insurance policy subject to
insurable interest and other applicable underwriting norms of respective
insurers.
(vii)
The integrated premium amount of the 'Combi Product' shall be
basis for reckoning the threshold limit or applicability of extant Regulations,
guidelines and circulars etc. issued by the Authority or any other statutory
body.
(viii) Commission
and Claim payouts in respect of 'Combi Products' shall be by respective
insurers only.
(ix)
'Combi product' shall have a free look option as outlined in the
extant Regulations. Free Look option is to be applied to the 'Combi Product' as
a whole. Provided where an existing policyholder of any health insurance
product has migrated to a Combi Product, such policyholder is entitled to all
the rights of migration as per the applicable portability norms.
(x)
The Health protion of the 'Combi Product' is entitled to be
renewed at the option of the policyholder of the respective General Insurer or
Health Insurer.
(b)
Tie up between insurers:
(i)
It is mandatory that insurers offering a 'Combi Product' shall
have in place a Memorandum of Understanding covering the modus operandi of
marketing, policy servicing and sharing of common expenses.
(ii)
Insurers forming the tie-up shall obtain prior approval of the
Authority by duly filing the copy of the agreement entered into in this regard.
(iii)
A tie up is permitted between one life insurer and one General
insurer or one Health Insurer only. Thus a life insurer is permitted to tie up
with only one General insurer or health insurer and vice-versa.
(iv)
Between these two Insurers any number of 'Combi Products' may be
promoted.
(v)
Insurance companies shall carry out appropriate due diligence
before establishing the business relationship for the purpose of promoting
'Combi Products'. Insurers are also expected to have a long-term understanding
for effective policy service of the proposed 'Combi Products'.
(vi)
Withdrawal from the tie-up is generally not desirable. However, in
exceptional cases where insurers desire to withdraw from MOU they shall obtain
prior permission of the Authority.
(vii)
There shall be specific time frames / Turnaround Times (TAT)
agreed upon between the insurance companies as part of the MOU for effective
policy servicing, transmission of premiums received etc. at various stages of
policy i.e., at pre-sale stage and post-sale stage.
(viii) Insurers
shall ensure filing of the advertisements in accordance with IRDA (Insurance
Advertisements and Disclosures) Regulations, 2000 within seven days from the
date of issuing the advertisement with the Authority.
(ix)
Proposed procedures for issuing Joint Sale Advertisements along
with the common corporate agents shall be covered in the MoU.
(x)
The modus operandi of proposed servicing at various stages of the
policy viz., proposal stage, policy servicing, premium collection arrangements
and claims service etc shall be detailed in the MoU.
(xi)
The Information Technology systems put in place for supporting the
sale and policy service of the 'Combi Products' shall also be part of the MoU.
(xii)
Agreement on reimbursement of expenses in consideration of common
services rendered by each of the insurance companies shall be covered in the
MoU.
(xiii) Distribution
Channel wise maximum commission allowed under the 'Combi Products' shall also
be indicated.
(xiv)
The manner in which premium is proposed to be collected subject to
provisions of Section 64 VB of Insurance Act, 1938 shall be detailed,
Provided the integrated premium
collected under a Combi Product by one of the Insurers for transmission of
relevant share of the premium to the other insurer shall be deemed to be in
compliance of Section 64VB and the policyholder is entitled to the underlying
benefits of both life insurance and health insurance components of the Combi
Product from the date and time of acceptance of said premium by one of the
Insurers.
Provided further that the Date
and Time of receipt of the premium by one of the Insurers shall be reckoned for
entitlement of the underlying benefits of the policy.
(xv)
The procedures put in place for expeditious transfer of the
portion of premium that pertains to the other insurer of the product needs to
be reflected in the MoU.
Provided where time sensitive products
such as Unit Linked Life Insurance Products are offered as part of Combi
Products, the Life Insurers shall put in place effective procedures for
complying with the extant Regulations.
(xvi)
Operational procedures put in place for updating premium on policy
data base on a real time basis shall also be mentioned.
(xvii) Options
available to policyholders of 'Combi Products' to discontinue either portion of
risk coverage while continuing with the other portion, subject to the extant
law, regulations, guidelines etc shall be detailed.
(xviii) Copy of
proposed common Sales Literature / Sales Illustrations, proposal form to be
issued by both the insurers in respect of 'Combi Products', subject to the
condition that these documents approved under File and Use procedure or Product
Filing Guidelines are not modified shall also form part of the MoU.
(xix)
Common Advertisements of 'Combi Products', subject to the
condition that this shall be restricted to the features, terms and conditions
of the 'Combi Product' shall also be agreed upon and made part of the MoU.
(c)
Lead Insurer:
(i)
As two insurers are involved in offering the 'Combi Product' it
may be mutually agreed that one of the insurance companies may act as a lead
insurer in respect of each 'Combi Product' marketed with agreed terms, conditions
and considerations.
(ii)
The Lead Insurer for this purpose is the insurer mutually agreed
by both the insurers to play a critical role in facilitating policy servicing
as a contact point for rendering various services as required for combi
products. The lead insurer may play a major role in facilitating underwriting
and policy servicing.
(iii)
The role of lead insurer shall not get diluted in the process of
relying upon the existing operational infrastructure of the partner-insurance
company for effective policy servicing of 'Combi Products'.
(iv)
Either of the insurers shall not be absolved of their
responsibility of proactive settlement of claims and other obligations in
accordance with the terms and conditions of their respective policies.
(4)
Underwriting: Under the 'Combi Product', underwriting of
respective portion of risk shall be carried out by respective insurance
companies, that is; Life Insurance risk shall be underwritten by Life Insurer
and the Health Insurance portion of risk shall be underwritten by General or
Health Insurer.
(5)
File and Use/Product Filing Guidelines:
(a)
The life insurance product and the health insurance product to be
offered as a combi product shall have prior approval under File and Use
procedure or Product Filing Guidelines as may be the case.
(b)
Both the independent approved products shall be integrated as a
single product and shall be filed with a common brand name.
(c)
The single product shall be offered without making any
modifications to the approved products.
(d)
'Combi Product' is to be filed at the stage of integrating for
getting approval as per Product Filing Guidelines irrespective of the earlier
approval for either of products.
(e)
'Combi Product' filing shall follow the File and Use guidelines or
Product Filing Guidelines in vogue and all such guidelines that would be issued
from time to time.
(f)
The Combi Product shall be approved by the Authority subject to
Product Filing Guidelines specified.
(g)
The application of 'Combi Product' under Product Filing Guidelines
shall also specify the following:-
(i)
Lead Insurer for the 'Combi Product' and demarcation of functions
between insurers for carrying out activities
(ii)
Procedures proposed for issuance of the premium notices, where
applicable and final lapse notices in terms of Section 50 of the Insurance Act,
1938.
(iii)
Where the servicing is to be necessarily attended to by the
original insurer, the lead insurer shall facilitate the policy servicing. As
far as the policyholder is concerned lead insurer shall be made as the single
nodal point for receiving the servicing requests, fulfilling the services and
issuing acknowledgements.
(iv)
Results of feasibility study, if any, in giving limited access to
the policy database for effecting over-the-counter policy service requests to
the lead insurer.
(6)
Lead insurer in settlement of claims shall ensure:-
(a)
Based on the type of claim, that the other insurer also takes
proactive measures for settlement of claims. In no case the Lead insurer shall
guarantee the settlement of claim on behalf of the other insurer.
(b)
The risks accepted by one insurer under 'Combi Product' shall not
affect the business of other insurance company.
(c)
As far as health portion of 'Combi Policies' are concerned, the
extant regulations and guidelines shall apply.
(d)
Where the policies are serviceable directly, the lead insurer
shall play a facilitative role.
(e)
The operational procedures proposed to be put in place for timely
dispatch of the policy bond of 'Combi Products'.
(7)
Distribution Channel
(a)
The sale of 'Combi Product' may be solicited through all the
Insurance Agents and Insurance Intermediaries who are eligible to solicit
Insurance Business.
(b)
Insurers shall ensure that the 'Combi Product' is not marketed by
those insurance intermediaries who are not authorized to market either of the
products of either of the insurers.
(c)
'Combi Products' marketed by the Common Service Centres shall
comply with IRDAI (Insurance Services by Common Service Centres) Regulations,
2015.
(8)
Mandatory Minimum Disclosures:
(a)
The mandatory minimum disclosures for a Combi Product shall be:
(i)
The product is jointly offered by "abc insurance
company" (specify General/ stand-alone health insurer name) and "xyz
insurance company" (specify life insurer name).
(ii)
The risks of this 'Combi Product' are distinct and are assumed /
accepted by respective insurance companies.
(iii)
The liability to settle the claim vests with respective insurers,
i.e., for health insurance benefits "abc insurance company" (specify
General/ stand-alone health insurer name) and for life insurance benefits
"xyz insurance company" (Specify life insurer name).
(iv)
The legal/quasi legal disputes, if any, are dealt by the
respective insurers for respective benefits.
(v)
The policyholders of the 'Combi Product' under reference are
eligible to continue with either part of the policy, discontinuing the other
during the policy term.
(vi)
Where guaranteed renewability of health insurance plan is allowed,
the health insurance portion of this 'Combi Product' is entitled to that
facility.
(vii)
Specific Disclosures on the available premium payment options on
these 'Combi Products'.
(viii) Specific
Disclosures about the available policy servicing facilities including claims
servicing, for these 'Combi Products'.
(ix)
Specific Disclosures on the availability of services of 'Third
Party Administrators (TPAs)' for health insurance portion of risk, if
available.
(x)
Policyholders are to be advised to familiarize themselves with the
policy benefits and policy service structure of the 'Combi Product' before
deciding to purchase the policy.
(b)
Policy documents of 'Combi Products' shall contain the above
referred points (iii) to, (xi) as minimum disclosures.
(c)
Declaration from the prospect shall be obtained and attached to
proposal form that he / she has understood the disclosures mentioned above.
(9)
In respect of 'Combi Products' both the insurers shall comply with
the provisions of Insurance Act, 1938 and Regulations notified there under and
other guidelines, circulars that are applicable to health insurance business
and life insurance business respectively.
(10)
In order to monitor the progress of the penetration of the product
class, all insurance companies that are marketing 'Combi Products' shall submit
the information that is specified by the Authority from time to time under the
Guidelines.
(11)
The Authority may stipulate such other terms and conditions from
time to time for monitoring activities of insurance companies offering 'Combi
Products'.
SCHEDULE - III
See
Regulation 2 (i) (o) of IRDAI (Health Insurance) Regulations, 2016
Matters in respect of which the
Authority may specify by issue of Circulars, Guidelines or Instructions as
referred in these regulations:
(1)
Regulation (2) (i) (g): Product Filing Guidelines to be followed
by insurers before marketing or offering a product covering Health Insurance
Business.
(2)
Regulation (3) (b): Withdrawal of existing Indemnity Based
products offered by Life Insurers.
(3)
Regulation (5): Withdrawal of Health Insurance Products shall be
subject to Guidelines specified by the Authority.
(4)
Regulation (7) (a): Guidelines on Group Insurance.
(5)
Regulation (8) (d): Norms on mechanisms or incentives to reward
policyholders for early entry, continued renewals, favourable claims
experience, preventive and wellness habits.
(6)
Regulation (9) (b): Guidelines on Proposal Forms.
(7)
Regulation (10): Guidelines on pricing.
(8)
Regulation (11) (b): Guidelines on Pilot Products subject to
Product Filing Guidelines.
(9)
Regulation (20): Standard terms used in all health insurance
policies.
(10)
Regulation (21): The nomenclature and procedures incorporated into
policies offering 'critical illness cover'.
(11)
Regulation (22) (i): List of Generally Excluded Items that may be
optionally covered by the Insurers.
(12)
Regulation (26): Customer Information Sheet.
(13)
Regulation (31) (b) (iv): Guidelines on disempanelment of Network
Provider.
(14)
Regulation (31) (c): Standard Clauses to be made part of Tripartite
Agreement amongst Insurers, TPAs and Network Providers.
(15)
Regulation (31) (e): Standards, benchmarks and protocols for
Network Providers.
(16)
Regulation (35) (c): Data Related Issues to be complied with by
TPAs, Insurers and Network Providers.
(17)
Regulation (36): Systems and procedures to be put in place to
identify monitor and mitigate frauds.
(18)
Regulation (37): Returns to be submitted to the Authority.
(19)
Clause (10) Schedule - II: Information on Life plus Health Combi
Products.
Omitted
by Insurance Regulatory and Development Authority of India (Health Insurance)
(Amendment) Regulations, 2019, vide Notification No. IRDAI/Reg/14/165/2019,
dated 19.11.2019, the previous text was:-
"m.
"Portability" means the right accorded to an individual health
insurance policyholder (including family cover), to transfer the credit gained
for pre-existing conditions and time bound exclusions, from one insurer to
another or from one plan to another plan of the same insurer."
Omitted
by Insurance Regulatory and Development Authority of India (Health Insurance)
(Amendment) Regulations, 2019, vide Notification No. IRDAI/Reg/14/165/2019,
dated 19.11.2019, the previous text was:-
"p.
"Third Party Administrators or TPA" means any person who is registered
under the IRDAI (Third Party Administrators - Health Services) Regulations,2016
notified by the Authority, and is engaged, for a fee or remuneration by an
insurance company, for the purposes of providing health services as defined in
those Regulations."
Omitted
by Insurance Regulatory and Development Authority of India (Health Insurance)
(Amendment) Regulations, 2019, vide Notification No. IRDAI/Reg/14/165/2019,
dated 19.11.2019, the previous text was:-
"Provided
further that no discount shall be offered on any third party service or
merchandise. However, discounts in premium or discounts and/or benefits on
diagnostic or pharmaceuticals or consultation services of providers in the
network are permitted."
Inserted
by Insurance Regulatory and Development Authority of India (Health Insurance)
(Amendment) Regulations, 2019, vide Notification No. IRDAI/Reg/14/165/2019,
dated 19.11.2019.
Inserted
by Insurance Regulatory and Development Authority of India (Health Insurance)
(Amendment) Regulations, 2019, vide Notification No. IRDAI/Reg/14/165/2019,
dated 19.11.2019.
Substituted by
Insurance Regulatory and Development Authority of India (Health Insurance)
(Amendment) Regulations, 2019, vide Notification No. IRDAI/Reg/14/165/2019,
dated 19.11.2019, for the following:-
"i.
General Insurers and Health Insurers offering health covers specific to age
groups such as maternity covers, children under family floater policies,
students etc, shall offer an option to migrate to a suitable alternative
available health insurance policy at the end of the specific exit age or at the
time of withdrawal of the policy at the option exercised by the said lives by
allowing suitable credits for all the previous policy years, provided the
policy has been maintained without a break."
Inserted
by Insurance Regulatory and Development Authority of India (Health Insurance)
(Amendment) Regulations, 2019, vide Notification No. IRDAI/Reg/14/165/2019,
dated 19.11.2019.
Substituted
by Insurance Regulatory and Development Authority of India (Health Insurance)
(Amendment) Regulations, 2019, vide Notification No. IRDAI/Reg/14/165/2019,
dated 19.11.2019, for the following:-
"a.
General Insurers and Health Insurers may endeavour to provide coverage for one
or more systems covered under 'AYUSH treatment' provided the treatment has been
undergone in a government hospital or in any institute recognized by government
and/or accredited by Quality Council of India or National Accreditation Board
on Health."
Substituted
by Insurance Regulatory and Development Authority of India (Health Insurance)
(Amendment) Regulations, 2019, vide Notification No. IRDAI/Reg/14/165/2019,
dated 19.11.2019, for the following:-
"19.
While wellness and preventive elements as part of product design is encouraged,
no policy of insurance shall promote or offer the products and services of
third parties who are not Network Providers. Insurers shall neither offer any
discounts to the policyholders, in any form, on the products of the third
parties either as part of policy contract or otherwise.
i.
However, Insurers may endeavour promoting wellness amongst policyholders of
health insurance by offering the following health specific services offered by
Network Providers,
1.
outpatient consultations or treatments or
2.
Pharmaceuticals or
3. Health
check-ups
including
discounts on all the above at specific Network Providers.
ii.
Insurers may also endeavour to put in place procedures for offering discounts
on premiums on renewals based on the fitness and wellness criteria stipulated
and disclosed.
Provided
further the costs towards the above services are factored into the pricing of
the underlying Health Insurance Product."
Omitted
by Insurance Regulatory and Development Authority of India (Health Insurance)
(Amendment) Regulations, 2019, vide Notification No. IRDAI/Reg/14/165/2019,
dated 19.11.2019, the previous text was:-
"The
insured shall be informed in writing of any underwriting loading charged as
filed and approved under the Product Filing Guidelines over and above the
premium and specific consent of the policyholder for such loadings shall be
obtained before issuance of a policy."
Substituted
by Insurance Regulatory and Development Authority of India (Health Insurance)
(Amendment) Regulations, 2019, vide Notification No. IRDAI/Reg/14/165/2019,
dated 19.11.2019, for the following:-
"2.
Claims under other policy/ies may be made after exhaustion of Sum Insured in
the earlier chosen policy / policies."
Inserted
by Insurance Regulatory and Development Authority of India (Health Insurance) (Amendment)
Regulations, 2019, vide Notification No. IRDAI/Reg/14/165/2019, dated
19.11.2019.
Substituted by
Insurance Regulatory and Development Authority of India (Health Insurance)
(Amendment) Regulations, 2019, vide Notification No. IRDAI/Reg/14/165/2019,
dated 19.11.2019, for the following:-
"c.
Reimbursement shall be allowed at any medical establishment. All such
establishments must be licensed or registered as may be required by any Local,
State or National Law as applicable."
Substituted
by Insurance Regulatory and Development Authority of India (Health Insurance)
(Amendment) Regulations, 2019, vide Notification No. IRDAI/Reg/14/165/2019,
dated 19.11.2019, for the following:-
"c.
Authority may require Insurers, TPAs and Network Providers, to comply with data
related matters as specified in the Guidelines that may be issued
separately."
Omitted
by Insurance Regulatory and Development Authority of India (Health Insurance)
(Amendment) Regulations, 2019, vide Notification No. IRDAI/Reg/14/165/2019,
dated 19.11.2019, the previous text was:-
Omitted
by Insurance Regulatory and Development Authority of India (Health Insurance)
(Amendment) Regulations, 2019, vide Notification No. IRDAI/Reg/14/165/2019,
dated 19.11.2019, the previous text was:-
"16.
Portability shall be allowed in the following cases:
a. All
individual health insurance policies issued by General Insurers and Health
Insurers including family floater policies.
b.
Individual members, including the family members covered under any group health
insurance policy of a General Insurer or Health Insurer shall have the right to
migrate from such a group policy to an individual health insurance policy or a
family floater policy with the same insurer. Thereafter, he/she shall be
accorded the right mentioned in 1 above."