SB 100

(136th General Assembly)
  (Amended Senate Bill Number 100)
  AN ACT
       To enact section 3901.96 of the Revised Code to exclude nonprofit agricultural
  membership organizations from insurance regulations.
Be it enacted by the General Assembly of the State of Ohio:
        SECTION 1. That section 3901.96 of the Revised Code be enacted to read as follows:
        Sec. 3901.96. (A) As used in this section:
        (1) "Nonprofit agricultural membership organization" means an organization or an affiliate
of an organization that meets both of the following:
        (a) The organization was incorporated in this state on or before December 31, 1919, for the
purpose of promoting the interests of farmers in this state.
        (b) The organization provides healthcare benefit coverage exclusively to members of the
organization and the members' families pursuant to contracts between the members and the
organization or its affiliate.
        (2) "Material marketing" means the official written materials and verbal communications
provided to, or directed at, prospective members and members' families for advertising or marketing
purposes.
        (B) Healthcare benefit coverage provided by a nonprofit agricultural membership
organization that meets all of the following is not subject to Title XXXIX or Chapter 1739., 1751.,
or 1753. of the Revised Code and shall not be considered insurance under any law of this state:
        (1) The healthcare benefit coverage is provided by a nonprofit agricultural membership
organization to the organization's members;
        (2) The application for healthcare benefit coverage and any contract provided to a member is
in writing;
        (3) The application for healthcare benefit coverage and any contract provided to a member
prominently states both of the following:
        (a) The healthcare benefit coverage is not insurance;
        (b) The healthcare benefit coverage is not subject to the laws and rules of this state
governing insurance.
        (C) A nonprofit agricultural membership organization shall not represent that healthcare
benefit coverage provided by the organization is insurance in any material marketing.
        (D) The risks arising out of healthcare benefit coverage provided by a nonprofit agricultural
membership organization may be assumed or reinsured by a company authorized to conduct the
business of insurance in this state.
Am. S. B. No. 100  136th G.A.
     Speaker ___________________ of the House of Representatives.
  President ___________________ of the Senate.
Passed ________________________, 20____
Approved ________________________, 20____
  Governor.
Am. S. B. No. 100  136th G.A.
  The section numbering of law of a general and permanent nature is
complete and in conformity with the Revised Code.
  Director, Legislative Service Commission.
Filed in the office of the Secretary of State at Columbus, Ohio, on the ____
day of ___________, A. D. 20____.
  Secretary of State.
File No. _________       Effective Date ___________________