Rep. HERBKERSMAN proposes the following amendment (LC-4305.PH0002H):

Amend the bill, as and if amended, SECTION 1, by striking Section 38-105-10(4) and inserting:

 (4) "Wellness reimbursement program" means a self-insured medical reimbursement plan or a wellness and integrated medical plan expense reimbursement plan:
  (a) that is created pursuant to 26 C.F.R. 1.105-11 and Sections 105 and 125 of the Internal Revenue Code;
  (b) that has issued a contract to provide services and pay claims pertaining to reimbursements of qualified medical expenses relating to Section 213(d) of the Internal Revenue Code; and
  (c) that is intended, created, marketed, and sold as an ancillary product to an individual or group health insurance coverage or self-insured group health plan.
 "Wellness Reimbursement program" does not include any underlying individual or group health insurance coverage or a self-insured group health plan.

Amend the bill further, SECTION 1, by striking Section 38-105-20(C) and inserting:

 (C) In addition to the documents required under subsection (B), a wellness reimbursement program administrator must comply with Federal ERISA requirements, or submit a letter or document from the Internal Revenue Service or the U.S. Department of Labor approving of the specific wellness reimbursement program in question.

Renumber sections to conform.

Amend title to conform.