| 1 | 1 | | General Assembly Raised Bill No. 808 |
|---|
| 2 | 2 | | January Session, 2013 LCO No. 2529 |
|---|
| 3 | 3 | | *02529_______INS* |
|---|
| 4 | 4 | | Referred to Committee on INSURANCE AND REAL ESTATE |
|---|
| 5 | 5 | | Introduced by: |
|---|
| 6 | 6 | | (INS) |
|---|
| 7 | 7 | | |
|---|
| 8 | 8 | | General Assembly |
|---|
| 9 | 9 | | |
|---|
| 10 | 10 | | Raised Bill No. 808 |
|---|
| 11 | 11 | | |
|---|
| 12 | 12 | | January Session, 2013 |
|---|
| 13 | 13 | | |
|---|
| 14 | 14 | | LCO No. 2529 |
|---|
| 15 | 15 | | |
|---|
| 16 | 16 | | *02529_______INS* |
|---|
| 17 | 17 | | |
|---|
| 18 | 18 | | Referred to Committee on INSURANCE AND REAL ESTATE |
|---|
| 19 | 19 | | |
|---|
| 20 | 20 | | Introduced by: |
|---|
| 21 | 21 | | |
|---|
| 22 | 22 | | (INS) |
|---|
| 23 | 23 | | |
|---|
| 24 | 24 | | AN ACT REQUIRING PUBLIC COMMENT FOR CERTAIN LONG-TERM CARE POLICY RATE INCREASE REQUESTS. |
|---|
| 25 | 25 | | |
|---|
| 26 | 26 | | Be it enacted by the Senate and House of Representatives in General Assembly convened: |
|---|
| 27 | 27 | | |
|---|
| 28 | 28 | | Section 1. Section 38a-501 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2014): |
|---|
| 29 | 29 | | |
|---|
| 30 | 30 | | (a) (1) As used in this section, "long-term care policy" means any individual health insurance policy delivered or issued for delivery to any resident of this state on or after July 1, 1986, that is designed to provide, within the terms and conditions of the policy, benefits on an expense-incurred, indemnity or prepaid basis for necessary care or treatment of an injury, illness or loss of functional capacity provided by a certified or licensed health care provider in a setting other than an acute care hospital, for at least one year after an elimination period (A) not to exceed one hundred days of confinement, or (B) of over one hundred days but not to exceed two years of confinement, provided such period is covered by an irrevocable trust in an amount estimated to be sufficient to furnish coverage to the grantor of the trust for the duration of the elimination period. Such trust shall create an unconditional duty to pay the full amount held in trust exclusively to cover the costs of confinement during the elimination period, subject only to taxes and any trustee's charges allowed by law. Payment shall be made directly to the provider. The duty of the trustee may be enforced by the state, the grantor or any person acting on behalf of the grantor. A long-term care policy shall provide benefits for confinement in a nursing home or confinement in the insured's own home or both. Any additional benefits provided shall be related to long-term treatment of an injury, illness or loss of functional capacity. "Long-term care policy" shall not include any such policy that is offered primarily to provide basic Medicare supplement coverage, basic medical-surgical expense coverage, hospital confinement indemnity coverage, major medical expense coverage, disability income protection coverage, accident only coverage, specified accident coverage or limited benefit health coverage. |
|---|
| 31 | 31 | | |
|---|
| 32 | 32 | | (2) (A) No insurance company, fraternal benefit society, hospital service corporation, medical service corporation or health care center delivering, issuing for delivery, renewing, continuing or amending any long-term care policy in this state may refuse to accept or make reimbursement pursuant to a claim for benefits submitted by or prepared with the assistance of a managed residential community, as defined in section 19a-693, in accordance with subdivision (7) of subsection (a) of section 19a-694 solely because such claim for benefits was submitted by or prepared with the assistance of a managed residential community. |
|---|
| 33 | 33 | | |
|---|
| 34 | 34 | | (B) Each insurance company, fraternal benefit society, hospital service corporation, medical service corporation or health care center delivering, issuing for delivery, renewing, continuing or amending any long-term care policy in this state shall, upon receipt of a written authorization executed by the insured, (i) disclose information to a managed residential community for the purpose of determining such insured's eligibility for an insurance benefit or payment, and (ii) provide a copy of the initial acceptance or declination of a claim for benefits to the managed residential community at the same time such acceptance or declination is made to the insured. |
|---|
| 35 | 35 | | |
|---|
| 36 | 36 | | (b) (1) No insurance company, fraternal benefit society, hospital service corporation, medical service corporation or health care center may deliver or issue for delivery any long-term care policy that has a loss ratio of less than sixty per cent for any individual long-term care policy. An issuer shall not use or change premium rates for a long-term care [insurance] policy unless the rates have been filed with and approved by the Insurance Commissioner in accordance with the provisions of this subsection. Any rate filings or rate revisions shall demonstrate that anticipated claims in relation to premiums when combined with actual experience to date can be expected to comply with the loss ratio requirement of this section. A rate filing shall include the factors and methodology used to estimate irrevocable trust values if the policy includes an option for the elimination period specified in subdivision (1) of subsection (a) of this section. |
|---|
| 37 | 37 | | |
|---|
| 38 | 38 | | (2) (A) Prior to approving any rate filing for a long-term care policy (i) other than a long-term care policy precertified under the Connecticut Partnership for Long-Term Care as set forth in section 38a-475, and (ii) that is for more than a ten per cent increase in such rate, the commissioner shall hold a symposium that provides an opportunity for public comment. |
|---|
| 39 | 39 | | |
|---|
| 40 | 40 | | (B) Not later than five business days after receiving such rate filing, the commissioner shall set a date for such symposium and post the date, place and time of such symposium in a conspicuous place on the Internet web site of the Insurance Department. Such symposium shall be held not later than sixty calendar days prior to the proposed effective date of such rate filing, at a place and time that is convenient to the public. |
|---|
| 41 | 41 | | |
|---|
| 42 | 42 | | (C) In making a decision to approve, disapprove or modify such rate filing, the commissioner shall consider any oral or written comments made or provided by the public at the symposium. |
|---|
| 43 | 43 | | |
|---|
| 44 | 44 | | (c) No such company, society, corporation or center may deliver or issue for delivery any long-term care policy without providing, at the time of solicitation or application for purchase or sale of such coverage, full and fair disclosure of the benefits and limitations of the policy. If the offering for any long-term care policy includes an option for the elimination period specified in subdivision (1) of subsection (a) of this section, the application form for such policy and the face page of such policy shall contain a clear and conspicuous disclosure that the irrevocable trust may not be sufficient to cover all costs during the elimination period. |
|---|
| 45 | 45 | | |
|---|
| 46 | 46 | | (d) No such company, society, corporation or center may deliver or issue for delivery any long-term care policy on or after July 1, 2008, without offering, at the time of solicitation or application for purchase or sale of such coverage, an option to purchase a policy that includes a nonforfeiture benefit. Such offer of a nonforfeiture benefit may be in the form of a rider attached to such policy. In the event the nonforfeiture benefit is declined, such company, society, corporation or center shall provide a contingent benefit upon lapse that shall be available for a specified period of time following a substantial increase in premium rates. Not later than July 1, 2008, the Insurance Commissioner shall adopt regulations, in accordance with chapter 54, to implement the provisions of this subsection. Such regulations shall specify the type of nonforfeiture benefit that may be offered, the standards for such benefit, the period of time during which a contingent benefit upon lapse will be available and the substantial increase in premium rates that trigger a contingent benefit upon lapse in accordance with the Long-Term Care Insurance Model Regulation adopted by the National Association of Insurance Commissioners. |
|---|
| 47 | 47 | | |
|---|
| 48 | 48 | | (e) The Insurance Commissioner shall adopt regulations, in accordance with chapter 54, that address (1) the insured's right to information prior to his replacing an accident and sickness policy with a long-term care policy, (2) the insured's right to return a long-term care policy to the insurer, within a specified period of time after delivery, for cancellation, and (3) the insured's right to accept by the insured's signature, and prior to it becoming effective, any rider or endorsement added to a long-term care policy after the issuance date of such policy. The Insurance Commissioner shall adopt such additional regulations as the commissioner deems necessary in accordance with chapter 54 to carry out the purpose of this section. |
|---|
| 49 | 49 | | |
|---|
| 50 | 50 | | (f) [The] Except for subdivision (2) of subsection (b) of this section, the Insurance Commissioner may, upon written request by any such company, society, corporation or center, issue an order to modify or suspend a specific provision of this section or any regulation adopted pursuant thereto with respect to a specific long-term care policy upon a written finding that: (1) The modification or suspension would be in the best interest of the insureds; (2) the purposes to be achieved could not be effectively or efficiently achieved without such modification or suspension; and (3) (A) the modification or suspension is necessary to the development of an innovative and reasonable approach for insuring long-term care, (B) the policy is to be issued to residents of a life care or continuing care retirement community or other residential community for the elderly and the modification or suspension is reasonably related to the special needs or nature of such community, or (C) the modification or suspension is necessary to permit long-term care policies to be sold as part of, or in conjunction with, another insurance product. Whenever the commissioner decides not to issue such an order, the commissioner shall provide written notice of such decision to the requesting party in a timely manner. |
|---|
| 51 | 51 | | |
|---|
| 52 | 52 | | (g) Upon written request by any such company, society, corporation or center, the Insurance Commissioner may issue an order to extend the preexisting condition exclusion period, as established by regulations adopted pursuant to this section, for purposes of specific age group categories in a specific long-term care policy form whenever the commissioner makes a written finding that such an extension is in the best interest to the public. Whenever the commissioner decides not to issue such an order, the commissioner shall provide written notice of such decision to the requesting party in a timely manner. |
|---|
| 53 | 53 | | |
|---|
| 54 | 54 | | (h) The provisions of section 38a-19 shall be applicable to any such requesting party aggrieved by any order or decision of the commissioner made pursuant to subsections (f) and (g) of this section. |
|---|
| 55 | 55 | | |
|---|
| 56 | 56 | | Sec. 2. Section 38a-528 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2014): |
|---|
| 57 | 57 | | |
|---|
| 58 | 58 | | (a) (1) As used in this section, "long-term care policy" means any group health insurance policy or certificate delivered or issued for delivery to any resident of this state on or after July 1, 1986, [which] that is designed to provide, within the terms and conditions of the policy or certificate, benefits on an expense-incurred, indemnity or prepaid basis for necessary care or treatment of an injury, illness or loss of functional capacity provided by a certified or licensed health care provider in a setting other than an acute care hospital, for at least one year after a reasonable elimination period. A long-term care policy shall provide benefits for confinement in a nursing home or confinement in the insured's own home or both. Any additional benefits provided shall be related to long-term treatment of an injury, illness or loss of functional capacity. "Long-term care policy" shall not include any such policy or certificate which is offered primarily to provide basic Medicare supplement coverage, basic medical-surgical expense coverage, hospital confinement indemnity coverage, major medical expense coverage, disability income protection coverage, accident only coverage, specified accident coverage or limited benefit health coverage. |
|---|
| 59 | 59 | | |
|---|
| 60 | 60 | | (2) (A) No insurance company, fraternal benefit society, hospital service corporation, medical service corporation or health care center delivering, issuing for delivery, renewing, continuing or amending any long-term care policy in this state may refuse to accept or make reimbursement pursuant to a claim for benefits submitted by or prepared with the assistance of a managed residential community, as defined in section 19a-693, in accordance with subdivision (7) of subsection (a) of section 19a-694 solely because such claim for benefits was submitted by or prepared with the assistance of a managed residential community. |
|---|
| 61 | 61 | | |
|---|
| 62 | 62 | | (B) Each insurance company, fraternal benefit society, hospital service corporation, medical service corporation or health care center delivering, issuing for delivery, renewing, continuing or amending any long-term care policy in this state shall, upon receipt of a written authorization executed by the insured, (i) disclose information to a managed residential community for the purpose of determining such insured's eligibility for an insurance benefit or payment, and (ii) provide a copy of the initial acceptance or declination of a claim for benefits to the managed residential community at the same time such acceptance or declination is made to the insured. |
|---|
| 63 | 63 | | |
|---|
| 64 | 64 | | (b) (1) No insurance company, fraternal benefit society, hospital service corporation, medical service corporation or health care center may deliver or issue for delivery any long-term care policy or certificate which has a loss ratio of less than sixty-five per cent for any group long-term care policy. An issuer shall not use or change premium rates for a long-term care insurance policy or certificate unless the rates have been filed with and approved by the Insurance Commissioner in accordance with the provisions of this subsection. Deviations in rates to reflect policyholder experience shall be permitted, provided each policy form shall meet the loss ratio requirement of this section. Any rate filings or rate revisions shall demonstrate that anticipated claims in relation to premiums when combined with actual experience to date can be expected to comply with the loss ratio requirement of this section. On an annual basis, an insurer shall submit to the Insurance Commissioner an actuarial certification of the insurer's continuing compliance with the loss ratio requirement of this section. Any rate or rate revision may be disapproved if the commissioner determines that the loss ratio requirement will not be met over the lifetime of the policy form using reasonable assumptions. |
|---|
| 65 | 65 | | |
|---|
| 66 | 66 | | (2) (A) Prior to approving any rate filing for a long-term care policy (i) other than a long-term care policy precertified under the Connecticut Partnership for Long-Term Care as set forth in section 38a-475, and (ii) that is for more than a ten per cent increase in such rate, the commissioner shall hold a symposium that provides an opportunity for public comment. |
|---|
| 67 | 67 | | |
|---|
| 68 | 68 | | (B) Not later than five business days after receiving such rate filing, the commissioner shall set a date for such symposium and post the date, place and time of such symposium in a conspicuous place on the Internet web site of the Insurance Department. Such symposium shall be held not later than sixty calendar days prior to the proposed effective date of such rate filing, at a place and time that is convenient to the public. |
|---|
| 69 | 69 | | |
|---|
| 70 | 70 | | (C) In making a decision to approve, disapprove or modify such rate filing, the commissioner shall consider any oral or written comments made or provided by the public at the symposium. |
|---|
| 71 | 71 | | |
|---|
| 72 | 72 | | (c) No such company, society, corporation or center may deliver or issue for delivery any long-term care policy without providing, at the time of solicitation or application for purchase or sale of such coverage, full and fair disclosure of the benefits and limitations of the policy. The provisions of this subsection shall not be applicable to: (1) Any long-term care policy which is delivered or issued for delivery to one or more employers or labor organizations, or to a trust or to the trustees of a fund established by one or more employers or labor organizations, or a combination thereof, for employees or former employees or a combination thereof or for members or former members or a combination thereof, or the labor organizations; and (2) noncontributory plans. |
|---|
| 73 | 73 | | |
|---|
| 74 | 74 | | (d) The Insurance Commissioner shall adopt regulations, in accordance with chapter 54, which address (1) the insured's right to information prior to his replacing an accident and sickness policy with a long-term care policy, (2) the insured's right to return a long-term care policy to the insurer, within a specified period of time after delivery, for cancellation, and (3) the insured's right to accept by his signature, and prior to it becoming effective, any rider or endorsement added to a long-term care policy after the issuance date of such policy, provided (A) any regulations adopted pursuant to subdivisions (1) and (2) of this subsection shall not be applicable to (i) any long-term care policy which is delivered or issued for delivery to one or more employers or labor organizations, or to a trust or to the trustees of a fund established by one or more employers or labor organizations, or a combination thereof or for members or former members or a combination thereof, of the labor organizations, or (ii) noncontributory plans, and (B) any regulations adopted pursuant to subdivision (3) of this subsection shall not be applicable to any group long-term policy. The Insurance Commissioner shall adopt such additional regulations as he deems necessary in accordance with said chapter 54 to carry out the purpose of this section. |
|---|
| 75 | 75 | | |
|---|
| 76 | 76 | | (e) [The] Except for subdivision (2) of subsection (b) of this section, the Insurance Commissioner may, upon written request by any such company, society, corporation or center, issue an order to modify or suspend a specific provision of this section or any regulation adopted pursuant thereto with respect to a specific long-term care policy upon a written finding that: (1) The modification or suspension would be in the best interest of the insureds; (2) the purposes to be achieved could not be effectively or efficiently achieved without such modification or suspension; and (3) (A) the modification or suspension is necessary to the development of an innovative and reasonable approach for insuring long-term care, (B) the policy is to be issued to residents of a life care or continuing care retirement community or other residential community for the elderly and the modification or suspension is reasonably related to the special needs or nature of such community, or (C) the modification or suspension is necessary to permit long-term care policies to be sold as part of, or in conjunction with, another insurance product, whenever the commissioner decides not to issue such an order, he shall provide written notice of such decision to the requesting party in a timely manner. |
|---|
| 77 | 77 | | |
|---|
| 78 | 78 | | (f) Upon written request by any such company, society, corporation or center, the Insurance Commissioner may issue an order to extend the preexisting condition exclusion period, as established by regulations adopted pursuant to this section, for purposes of specific age group categories in a specific long-term care policy form whenever he makes a written finding that such an extension is in the best interest to the public. Whenever the commissioner decides not to issue such an order, he shall provide written notice of such decision to the requesting party in a timely manner. |
|---|
| 79 | 79 | | |
|---|
| 80 | 80 | | (g) The provisions of section 38a-19 shall be applicable to any such requesting party aggrieved by any order or decision of the commissioner made pursuant to subsections (e) and (f) of this section. |
|---|
| 81 | 81 | | |
|---|
| 82 | 82 | | |
|---|
| 83 | 83 | | |
|---|
| 84 | 84 | | |
|---|
| 85 | 85 | | This act shall take effect as follows and shall amend the following sections: |
|---|
| 86 | 86 | | Section 1 January 1, 2014 38a-501 |
|---|
| 87 | 87 | | Sec. 2 January 1, 2014 38a-528 |
|---|
| 88 | 88 | | |
|---|
| 89 | 89 | | This act shall take effect as follows and shall amend the following sections: |
|---|
| 90 | 90 | | |
|---|
| 91 | 91 | | Section 1 |
|---|
| 92 | 92 | | |
|---|
| 93 | 93 | | January 1, 2014 |
|---|
| 94 | 94 | | |
|---|
| 95 | 95 | | 38a-501 |
|---|
| 96 | 96 | | |
|---|
| 97 | 97 | | Sec. 2 |
|---|
| 98 | 98 | | |
|---|
| 99 | 99 | | January 1, 2014 |
|---|
| 100 | 100 | | |
|---|
| 101 | 101 | | 38a-528 |
|---|
| 102 | 102 | | |
|---|
| 103 | 103 | | Statement of Purpose: |
|---|
| 104 | 104 | | |
|---|
| 105 | 105 | | To provide an opportunity for public comment prior to the Insurance Commissioner's approval, disapproval or modification of an individual or group long-term care policy rate filing of an increase of more than ten per cent. |
|---|
| 106 | 106 | | |
|---|
| 107 | 107 | | [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.] |
|---|