§ 31–2231.20a. Prohibition on offsetting short-term disability benefits.

*NOTE: This section includes amendments by temporary legislation that will expire on July 26, 2023. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Permanent Version.*

(a) No insurer may offset or reduce benefits or income available to an eligible individual under an individual or group policy for temporary or short-term disability insurance based on estimated or actual benefits the eligible individual may or does receive under subchapter IV of Chapter 5 of Title 32, regardless of the jurisdiction in which the policy was issued, executed, written, or delivered.

(b) Subsection (a) of this section shall not apply to the actions of a self-insured employer or to the actions of an insurer to the extent the insurer is acting on behalf of a self-insured employer as a third-party administrator for the self-insured employer.

(c) For the purposes of this section, the term:

(1) "Eligible individual" shall have the same meaning as provided in § 32-541.01(6).

(2) "Self-insured employer" shall have the same meaning as provided in § 32-541.01(19A).