| 18 | | - | (a) (1) 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 or the commissioner's designee shall notify, in writing, the insurer [which] that has filed any such form of the commissioner's disapproval, specifying the reasons for disapproval, and [ordering] communicating 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] notifications of disapprovals. |
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| 30 | + | (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] that 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. |
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| 20 | | - | (2) The commissioner may prescribe requirements for disclosure notices, illustrations or other explanatory materials said commissioner deems necessary to protect policyholders. |
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| 21 | | - | |
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| 22 | | - | (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] as set forth in section 2 of this act. The commissioner shall adopt regulations, in accordance with chapter 54, to prescribe standards to [insure] ensure that such rates shall not be excessive, inadequate or unfairly discriminatory, as defined in section 2 of this act. [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.] |
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| 32 | + | (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. The commissioner shall adopt regulations, in accordance with chapter 54, to prescribe standards to insure 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.] Except as set forth in subdivision (1) of subsection (c) of this section, any rate filed on or after January 1, 2011, under the provisions of subsection (a) of this section shall be filed not later than one hundred eighty calendar days prior to the proposed effective date of such rate. The commissioner shall review and issue a decision regarding such rate filing in accordance with the provisions of sections 2 to 4, inclusive, of this act. |
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| 23 | 33 | | |
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| 24 | 34 | | (c) (1) No rate filed under the provisions of subsection (a) of this section for a Medicare supplement policy shall be effective unless approved in accordance with section 38a-474. |
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| 25 | 35 | | |
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| 26 | 36 | | (2) 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. [, except for plans "H" to "J", inclusive, as provided in section 38a-495b. In plans "H" to "J", inclusive, previous claims history and the medical condition of the applicant may be used in determinations to grant coverage under Medicare supplement policies and certificates issued prior to January 1, 2006.] |
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| 27 | 37 | | |
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| 28 | | - | Sec. 2. (NEW) (Effective July 1, 2010) (a) (1) Any (A) rate filing made pursuant to section 38a-481 of the general statutes, as amended by this act, (B) schedule of amounts filed pursuant to section 38a-183 of the general statutes, as amended by this act, (C) schedule of rates filed pursuant to section 38a-208 of the general statutes, as amended by this act, or (D) schedule of rates filed pursuant to section 38a-218 of the general statutes, as amended by this act, on or after July 1, 2010, shall be filed not later than one hundred twenty calendar days prior to the proposed effective date of such rates or amounts. |
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| 38 | + | [(d) Rates on a particular policy form will not be deemed excessive if the insurer has filed a loss ratio guarantee with the Insurance Commissioner which meets the requirements of subsection (e) of this section provided (1) the form of such loss ratio guarantee has been explicitly approved by the Insurance Commissioner, and (2) the current expected lifetime loss ratio is not more than five per cent less than the filed lifetime loss ratio as certified by an actuary. The insurer shall withdraw the policy form if the commissioner determines that the lifetime loss ratio will not be met. Rates also will not be deemed excessive if the insurer complies with the terms of the loss ratio guarantee. The Insurance Commissioner may adopt regulations, in accordance with chapter 54, to assure that the use of a loss ratio guarantee does not constitute an unfair practice. |
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| 36 | | - | (3) (A) Notwithstanding section 38a-69a of the general statutes, the Insurance Department shall post on its Internet web site all documents, materials and other information provided to or requested by the department in relation to a rate or amount filing made pursuant to this subsection, including, but not limited to, financial reports, financial statements, actuarial reports and actuarial memoranda. The rate or amount filing and the documents, materials and other information shall be posted not later than three business days after the department receives such filing, and such posting shall be updated to include any correspondence between the department and the filer. |
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| 46 | + | (3) A guarantee that the actual Connecticut or nation-wide loss ratio results, as the case may be, for the experience period at issue will be independently audited by a certified public accountant or a member of the American Academy of Actuaries at the insurer's expense. The audit shall be done in the second quarter of the year following the end of the experience period and the audited results must be reported to the Insurance Commissioner not later than June thirtieth following the end of the experience period; |
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| 54 | | - | (B) Give due consideration to (i) the experience of the filer, (ii) the past and projected costs of the filer including amounts paid and to be paid for commissions, (iii) any transfers of funds to the holding or parent company, subsidiary or affiliate of the filer, (iv) the filer's rate of return on assets or profitability, as compared to similar filers, (v) a reasonable margin for profit and contingencies, (vi) any public comments received on such filing, and (vii) other factors the commissioner deems relevant. |
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| 64 | + | Sec. 2. (NEW) (Effective January 1, 2011) (a) (1) For any (A) rate filing submitted to the Insurance Commissioner pursuant to section 38a-481 of the general statutes, as amended by this act, (B) schedule of amounts filed by a health care center pursuant to section 38a-183 of the general statutes, as amended by this act, (C) schedule of rates filed by a hospital service corporation pursuant to section 38a-208 of the general statutes, as amended by this act, or (D) schedule of rates filed by a medical service corporation pursuant to section 38a-218 of the general statutes, as amended by this act, the commissioner shall, not later than five business days after the receipt of such filing, set a hearing date and post the date, place and time of the hearing and the filing in a conspicuous place on the Internet web site of the Insurance Department. The posting shall include all supplemental information that is part of the filing and shall be updated to include any correspondence between the department and the filer. |
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| 56 | | - | (b) (1) If (A) a rate filing made pursuant to section 38a-481 of the general statutes, as amended by this act, for health insurance that provides coverage of the type specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469 of the general statutes, (B) a schedule of amounts filed pursuant to section 38a-183 of the general statutes, as amended by this act, (C) a schedule of rates filed pursuant to section 38a-208 of the general statutes, as amended by this act, or (D) a schedule of rates filed pursuant to section 38a-218 of the general statutes, as amended by this act, is for more than a ten per cent increase in such rate or amount and upon request of the Healthcare Advocate or the Attorney General not later than five business days after such rate or amount filing has been posted on the Internet web site of the Insurance Department, the commissioner shall, not later than five business days after the receipt of such request, set a hearing date on such rate or amount filing and post the date, place and time of the hearing in a conspicuous place on the Internet web site of the department. |
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| 66 | + | (2) Such hearing shall be (A) held not later than one hundred twenty calendar days prior to the proposed effective date of such rate or amount, at a place and time that is convenient to the public, and (B) conducted in accordance with chapter 54 of the general statutes, this section and section 3 of this act. |
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| 62 | | - | (c) Not later than thirty calendar days after the hearing, the commissioner shall issue a written decision approving, disapproving or modifying the rate or amount filing. Such decision shall specify all factors used to reach such decision and shall be posted on the Internet web site of the Insurance Department not later than two business days after the commissioner issues such decision. |
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| 72 | + | (c) Any insurance company, health care center, hospital service corporation, medical service corporation or other entity subject to the provisions of this section shall disclose in writing to a prospective customer of a policy, agreement or contract that may be affected by a rate or amount filing made pursuant to this section, (1) that the rate or amount of such policy, agreement or contract is under review by the Insurance Department, and (2) the proposed increase or decrease in the rate or amount of such policy, agreement or contract. |
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| 68 | | - | Sec. 3. (NEW) (Effective July 1, 2010) (a) Notwithstanding sections 4-176 and 4-177a of the general statutes, the Healthcare Advocate or the Attorney General, or both, may be parties to any hearing held pursuant to section 2 of this act. |
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| 78 | + | (c) The Healthcare Advocate or the Attorney General or both may (1) summon and examine under oath, such witnesses as the Healthcare Advocate or the Attorney General deems necessary to the review of a rate or amount filing made pursuant to section 2 of this act, and (2) require the filer or any holding or parent company or subsidiary of such filer to produce books, vouchers, memoranda, papers, letters, contracts and other documents, regardless of the format in which such materials are stored. Such books, vouchers, memoranda, papers, letters, contracts and other documents shall be limited to such information or transactions between the filer and the holding or parent company or subsidiary that are reasonably related to the subject matter of the filing. |
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| 70 | | - | (b) Subject to the provisions of section 4-181 of the general statutes, (1) the Healthcare Advocate or the Attorney General, or both, shall have access to the records of the Insurance Department regarding a rate or amount filing made pursuant to section 2 of this act, and (2) attorneys, actuaries, accountants and other experts who are part of the Insurance Commissioner's staff and who review or assist in the determination of such filing shall cooperate with the Healthcare Advocate or Attorney General, or both, to carry out the provisions of this section. |
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| 80 | + | (d) The Healthcare Advocate or the Attorney General or both may engage the services of attorneys, actuaries, accountants and other experts not otherwise part of the commissioner's staff as may be necessary to assist the Healthcare Advocate or the Attorney General or both in the review of the rate or amount filing made pursuant to section 2 of this act. The cost of such services shall be borne by the filer and paid in such manner as directed by the Insurance Commissioner, provided the cost of such attorneys, actuaries, accountants and other experts shall not exceed (1) two hundred thousand dollars for the Office of the Healthcare Advocate or two hundred thousand dollars for the office of the Attorney General if the filer has more than ten thousand policyholders or subscribers affected by the rate or amount filing, or (2) fifty thousand dollars for the Office of the Healthcare Advocate or fifty thousand dollars for the office of the Attorney General if the filer has ten thousand or less policyholders or subscribers affected by the rate or amount filing. Such costs shall be recognized by the Insurance Department as proper business expenses of the filer. |
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| 72 | | - | (c) The Healthcare Advocate or the Attorney General, or both, may (1) summon and examine under oath, such witnesses as the Healthcare Advocate or the Attorney General deems necessary to the review of a rate or amount filing made pursuant to section 2 of this act, and (2) require the filer or any holding or parent company or subsidiary of such filer to produce books, vouchers, memoranda, papers, letters, contracts and other documents, regardless of the format in which such materials are stored. Such books, vouchers, memoranda, papers, letters, contracts and other documents shall be limited to such information or transactions between the filer and the holding or parent company or subsidiary that are reasonably related to the subject matter of the filing. |
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| 82 | + | (e) After exhausting all administrative remedies available within the Insurance Department, the Healthcare Advocate or the Attorney General or both may appeal the commissioner's decision approving, disapproving or modifying the rate or amount filing to the Superior Court in accordance with the provisions of section 4-183 of the general statutes. |
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| 80 | | - | (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] as set forth in section 2 of this act. [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 approval or disapproval thereof.] |
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| 90 | + | (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] as set forth in sections 2 and 4 of this act. The commissioner [may refuse] shall issue such approval only if [he] the commissioner finds such amounts to be [excessive, inadequate or discriminatory] reasonable, as set forth in section 2 of this act. 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] said commissioner's approval or disapproval thereof. |
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| 84 | | - | 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] as set forth in section 2 of this act. [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 approval or disapproval thereof.] |
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| 94 | + | 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] as set forth in sections 2 and 4 of this act. The commissioner [may refuse] shall issue such approval only if [he] the commissioner finds such rates to be [excessive, inadequate or discriminatory] reasonable, as set forth in section 2 of this act. 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. |
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| 88 | | - | 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] as set forth in section 2 of this act. [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 approval or disapproval thereof.] |
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| 98 | + | 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] as set forth in sections 2 and 4 of this act. The commissioner [may refuse] shall issue such approval only if [he] the commissioner finds such rates are [excessive, inadequate or discriminatory] reasonable, as set forth in section 2 of this act. 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. |
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| 91 | 101 | | |
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| 92 | 102 | | (a) The State Librarian shall, in the performance of his duties pursuant to section 11-8, consult with the Attorney General, the Probate Court Administrator and the chief executive officers of the Connecticut Town Clerks Association and the Municipal Finance Officers Association of Connecticut, or their duly appointed representatives. |
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| 93 | 103 | | |
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| 94 | 104 | | (b) The State Librarian may require each such state agency, or each political subdivision of the state, including each probate district, to inventory all books, records, papers and documents under its jurisdiction and to submit to him for approval retention schedules for all such books, records, papers and documents, or he may undertake such inventories and establish such retention schedules, based on the administrative need of retaining such books, records, papers and documents within agency offices or in suitable records centers. Each agency head, and each local official concerned, shall notify the State Librarian of any changes in the administrative requirements for the retention of any book, record, paper or document subsequent to the approval of retention schedules by the State Librarian. |
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| 95 | 105 | | |
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| 96 | 106 | | (c) If the Public Records Administrator and the State Archivist determine that certain books, records, papers and documents which have no further administrative, fiscal or legal usefulness are of historical value to the state, the State Librarian shall direct that they be transferred to the State Library. If the State Librarian determines that such books, records, papers and documents are of no administrative, fiscal, or legal value, and the Public Records Administrator and State Archivist determine that they are of no historical value to the state, the State Librarian shall approve their disposal, whereupon the head of the state agency or political subdivision shall dispose of them as directed by the State Librarian. |
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| 97 | 107 | | |
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| 98 | 108 | | (d) The State Librarian may establish and carry out a program of inventorying, repairing and microcopying for the security of those records of political subdivisions of the state which he determines to have permanent value; and he may provide safe storage for the security of such microcopies of such records. |
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| 99 | 109 | | |
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| 100 | 110 | | (e) The State Library Board may transfer any of the books, records, documents, papers, files and reports turned over to the State Librarian pursuant to the provisions of this section and section 11-4c. The State Library Board shall have sole authority to authorize any such transfers. The State Library Board shall adopt regulations pursuant to chapter 54 to carry out the provisions of this subsection. |
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| 101 | 111 | | |
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| 102 | 112 | | (f) Each state agency shall cooperate with the State Librarian to carry out the provisions of this section and shall designate an agency employee to serve as the records management liaison officer for this purpose. |
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| 103 | 113 | | |
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| 110 | | - | Section 1 July 1, 2010 38a-481(a) to (c) |
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| 111 | | - | Sec. 2 July 1, 2010 New section |
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| 112 | | - | Sec. 3 July 1, 2010 New section |
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| 113 | | - | Sec. 4 July 1, 2010 New section |
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| 114 | | - | Sec. 5 July 1, 2010 38a-183(a) |
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| 115 | | - | Sec. 6 July 1, 2010 38a-208 |
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| 116 | | - | Sec. 7 July 1, 2010 38a-218 |
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| 117 | | - | Sec. 8 July 1, 2010 11-8a |
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| 120 | + | Section 1 January 1, 2011 38a-481 |
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| 121 | + | Sec. 2 January 1, 2011 New section |
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| 122 | + | Sec. 3 January 1, 2011 New section |
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| 123 | + | Sec. 4 January 1, 2011 New section |
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| 124 | + | Sec. 5 January 1, 2011 38a-183(a) |
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| 125 | + | Sec. 6 January 1, 2011 38a-208 |
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| 126 | + | Sec. 7 January 1, 2011 38a-218 |
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| 127 | + | Sec. 8 January 1, 2011 11-8a |
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