Bill Text: CT SB00810 | 2013 | General Assembly | Introduced


Bill Title: An Act Requiring The Insurance Department To Consult With The Connecticut Health Insurance Exchange For Rates Or Amounts For Health Plans Offered Through Said Exchange.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2013-02-01 - Public Hearing 02/05 [SB00810 Detail]

Download: Connecticut-2013-SB00810-Introduced.html

General Assembly

 

Raised Bill No. 810

January Session, 2013

 

LCO No. 2554

 

*02554_______INS*

Referred to Committee on INSURANCE AND REAL ESTATE

 

Introduced by:

 

(INS)

 

AN ACT REQUIRING THE INSURANCE DEPARTMENT TO CONSULT WITH THE CONNECTICUT HEALTH INSURANCE EXCHANGE FOR RATES OR AMOUNTS FOR HEALTH PLANS OFFERED THROUGH SAID EXCHANGE.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsections (a) and (b) of section 38a-481 of the general statutes are repealed and the following is substituted in lieu thereof (Effective from passage):

(a) No individual health insurance policy shall be delivered or issued for delivery to any person in this state, nor shall any application, rider or endorsement be used in connection with such policy, until a copy of the form thereof and of the classification of risks and the premium rates have been filed with the commissioner. The commissioner shall adopt regulations, in accordance with chapter 54, to establish a procedure for reviewing such policies. The commissioner shall disapprove the use of such form at any time if it does not comply with the requirements of law, or if it contains a provision or provisions [which] that are unfair or deceptive or [which] that encourage misrepresentation of the policy. The commissioner shall notify, in writing, the insurer which has filed any such form of the commissioner's disapproval, specifying the reasons for disapproval, and ordering that no such insurer shall deliver or issue for delivery to any person in this state a policy on or containing such form. The provisions of section 38a-19 shall apply to such orders.

(b) No rate filed under the provisions of subsection (a) of this section shall be effective until the expiration of thirty days after it has been filed or unless sooner approved by the commissioner in accordance with regulations adopted pursuant to this subsection, except that no such rate shall be effective for an individual health insurance policy that will be offered through the Connecticut Health Insurance Exchange, established pursuant to section 38a-1081, unless the commissioner has consulted with said exchange on such rate filing. The commissioner shall adopt regulations, in accordance with chapter 54, to prescribe standards to ensure that such rates shall not be excessive, inadequate or unfairly discriminatory. The commissioner may disapprove such rate within thirty days after it has been filed if it fails to comply with such standards, except that no rate filed under the provisions of subsection (a) of this section for any Medicare supplement policy shall be effective unless approved in accordance with section 38a-474.

Sec. 2. Section 38a-513 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) No group health insurance policy, as defined by the commissioner, or certificate shall be [issued or] delivered or issued for delivery in this state unless a copy of the form for such policy or certificate has been submitted to and approved by the commissioner [under the regulations adopted pursuant to this section] and, with respect to a small employer group health insurance policy, as "small employer" is defined in section 38a-564, the classification of risks and rates have been filed with the commissioner. The commissioner shall adopt regulations, in accordance with chapter 54, concerning the provisions, submission and approval of such policies and certificates and establishing a procedure for reviewing such policies and certificates. If the commissioner issues an order disapproving the use of such form, the provisions of section 38a-19 shall apply to such order.

(b) No rate filed under the provisions of subsection (a) of this section shall be effective unless approved by the commissioner in accordance with regulations adopted pursuant to this section, except that no such rate shall be effective for a small employer group health insurance policy that will be offered through the Connecticut Health Insurance Exchange, established pursuant to section 38a-1081, unless the commissioner has consulted with said exchange on such rate filing.

(c) No insurance company, fraternal benefit society, hospital service corporation, medical service corporation, health care center or other entity [which] that delivers or issues for delivery in this state any Medicare supplement policies or certificates shall incorporate in its rates or determinations to grant coverage for Medicare supplement insurance policies or certificates any factors or values based on the age, gender, previous claims history or the medical condition of any person covered by such policy or certificate.

[(c)] (d) Nothing in this chapter shall preclude the issuance of a group health insurance policy [which] that includes an optional life insurance rider, provided the optional life insurance rider [must] shall be filed with and approved by the Insurance Commissioner pursuant to section 38a-430. Any company offering such policies for sale in this state shall be licensed to sell life insurance in this state pursuant to the provisions of section 38a-41.

[(d)] (e) Not later than January 1, 2009, the commissioner shall adopt regulations, in accordance with chapter 54, to establish minimum standards for benefits in group specified disease policies, certificates, riders, endorsements and benefits.

Sec. 3. Subsection (a) of section 38a-183 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) A health care center governed by sections 38a-175 to 38a-192, inclusive, shall not enter into any agreement with subscribers unless and until it has filed with the commissioner a full schedule of the amounts to be paid by the subscribers and has obtained the commissioner's approval thereof, except that no such amount shall be effective for any such agreement that will be offered through the Connecticut Health Insurance Exchange, established pursuant to section 38a-1081, unless the commissioner has consulted with said exchange on such rate filing. The commissioner may refuse such approval if he finds such amounts to be excessive, inadequate or discriminatory. Each such health care center shall not enter into any agreement with subscribers unless and until it has filed with the commissioner a copy of such agreement or agreements, including all riders and endorsements thereon, and until the commissioner's approval thereof has been obtained. The commissioner shall, within a reasonable time after the filing of any request for an approval of the amounts to be paid, any agreement or any form, notify the health care center of either [his] the commissioner's approval or disapproval thereof.

Sec. 4. Section 38a-208 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

No such corporation shall enter into any contract with subscribers unless and until it has filed with the Insurance Commissioner a full schedule of the rates to be paid by the subscribers and has obtained said commissioner's approval thereof, except that no such rate shall be effective for any such contract that will be offered through the Connecticut Health Insurance Exchange, established pursuant to section 38a-1081, unless the commissioner has consulted with said exchange on such rate filing. The commissioner may refuse such approval if he finds such rates to be excessive, inadequate or discriminatory. No hospital service corporation shall enter into any contract with subscribers unless and until it has filed with the Insurance Commissioner a copy of such contract, including all riders and endorsements thereof, and until said commissioner's approval thereof has been obtained. The Insurance Commissioner shall, within a reasonable time after the filing of any such form, notify such corporation [either of his] of said commissioner's approval or disapproval thereof.

Sec. 5. Section 38a-218 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

No such medical service corporation shall enter into any contract with subscribers unless and until it has filed with the Insurance Commissioner a full schedule of the rates to be paid by the subscriber and has obtained said commissioner's approval thereof, except that no such rate shall be effective for any such contract that will be offered through the Connecticut Health Insurance Exchange, established pursuant to section 38a-1081, unless the commissioner has consulted with said exchange on such rate filing. The commissioner may refuse such approval if he finds such rates are excessive, inadequate or discriminatory. No such medical service corporation shall enter into any contract with subscribers unless and until it has filed with the Insurance Commissioner a copy of such contract, including all riders and endorsements thereof, and until said commissioner's approval thereof has been obtained. The Insurance Commissioner shall, within a reasonable time after the filing of any such form, notify such corporation [either of his] of said commissioner's approval or disapproval thereof.

This act shall take effect as follows and shall amend the following sections:

Section 1

from passage

38a-481(a) and (b)

Sec. 2

from passage

38a-513

Sec. 3

from passage

38a-183(a)

Sec. 4

from passage

38a-208

Sec. 5

from passage

38a-218

Statement of Purpose:

To require the Insurance Department to consult with the Connecticut Health Insurance Exchange prior to approving any rates or amounts for health plans that will be offered through said exchange.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]

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