Sec. 9. (a) Except as provided in section 28 of this chapter, as used in this chapter, "health insurance plan" or "plan" means any: (1) hospital or medical expense incurred policy or certificate; (2) hospital or medical service plan contract; or (3) health maintenance organization subscriber contract; provided to the employees of a small employer. (b) The term does not include the following: (1) Accident-only, credit, dental, vision, Medicare supplement, long term care, or disability income insurance. (2) Coverage issued as a supplement to liability insurance. (3) Worker's compensation or similar insurance. (4) Automobile medical payment insurance. (5) A specified disease policy. (6) A short term insurance plan that: (A) may be renewed for the greater of: (i) thirty-six (36) months; or (ii) the maximum period permitted under federal law; (B) has a term of not more than three hundred sixty-four (364) days; and (C) has an annual limit of at least two million dollars ($2,000,000). (7) A policy that provides indemnity benefits not based on any expense incurred requirement, including a plan that provides coverage for: (A) hospital confinement, critical illness, or intensive care; or (B) gaps for deductibles or copayments. (8) A supplemental plan that always pays in addition to other coverage. (9) A student health plan. (10) An employer sponsored health benefit plan that is: (A) provided to individuals who are eligible for Medicare; and (B) not marketed as, or held out to be, a Medicare supplement policy.
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