Connecticut 2018 Regular Session

Connecticut Senate Bill SB00373 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	General Assembly Substitute Bill No. 373
2		-	February Session, 2018 _____SB00373INS___032118____
	1	+	General Assembly Raised Bill No. 373
	2	+	February Session, 2018 LCO No. 1907
	3	+	01907_______INS
	4	+	Referred to Committee on INSURANCE AND REAL ESTATE
	5	+	Introduced by:
	6	+	(INS)
3	7
4	8		General Assembly
5	9
6		-	~~Substitute~~ Bill No. 373
	10	+	Raised Bill No. 373
7	11
8	12		February Session, 2018
9	13
10		-	~~_____SB00373INS___032118____~~
	14	+	LCO No. 1907
11	15
12		-	AN ACT CONCERNING THE CONNECTICUT HEALTH INSURANCE EXCHANGE, LOW OPTION BENEFIT DESIGN PLANS AND SHORT-TERM HEALTH INSURANCE POLICIES.
	16	+	01907_______INS
	17	+
	18	+	Referred to Committee on INSURANCE AND REAL ESTATE
	19	+
	20	+	Introduced by:
	21	+
	22	+	(INS)
	23	+
	24	+	AN ACT CONCERNING THE CONNECTICUT HEALTH INSURANCE EXCHANGE, LOW OPTION BENEFIT DESIGN AND SHORT-TERM CARE POLICIES.
13	25
14	26		Be it enacted by the Senate and House of Representatives in General Assembly convened:
15	27
16		-	Section 1. (NEW) (Effective October 1, 2018) (a) For the purposes of this section, "low option benefit design plan" means any individual or group health insurance policy or plan that (1) ~~covers~~ the state's essential health benefits as required under the Patient Protection and Affordable Care Act, P.L. 111-148, as amended from time to time, (2) ~~covers all~~ health benefits mandated by ~~chapter 700c~~ of ~~the general statutes~~, and (3) is in compliance with all state and federal laws, regulations and other administrative guidance, including, but not limited to, laws, regulations and administrative guidance concerning network adequacy, as described in section 38a-472f of the general statutes.
	28	+	Section 1. (NEW) (Effective October 1, 2018) (a) For the purposes of this section, "low option benefit design plan" means any individual or group health insurance policy or plan that (1) includes the state's essential health benefits as required under the Patient Protection and Affordable Care Act, P.L. 111-148, as amended from time to time, (2) includes health benefits mandated by the laws of this state, and (3) is in compliance with all state and federal laws, regulations and other administrative guidance, including, but not limited to, laws, regulations and administrative guidance concerning network adequacy, as described in section 38a-472f of the general statutes. A low option benefit design plan may offer alternative levels of cost-sharing, including deductibles, coinsurance and copayments, within allowable ranges pursuant to the AV Calculator described in 45 CFR 156.135.
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18		-	(b) A low option benefit design plan may offer alternative levels of cost-sharing, including deductibles, coinsurance and copayments, within allowable ranges pursuant to the AV Calculator described in 45 CFR 156.135.
19		-
20		-	(c) Notwithstanding any provision of the general statutes, a health carrier, as defined in section 38a-591a of the general statutes, may offer or sell a low option benefit design plan either through the Connecticut Health Insurance Exchange, established pursuant to section 38a-1081 of the general statutes, as amended by this act, or independent of the exchange.
	30	+	(b) Notwithstanding any provision of the general statutes, a health carrier, as defined in section 38a-591a of the general statutes, may offer or sell a low option benefit design plan through the Connecticut Health Insurance Exchange, established pursuant to section 38a-1081 of the general statutes, or not through the exchange.
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22	32		Sec. 2. (NEW) (Effective October 1, 2018) Notwithstanding any provision of the general statutes, the Connecticut Health Insurance Exchange, established pursuant to section 38a-1081 of the general statutes, as amended by this act, shall not establish any requirements concerning low option benefit design plans, as defined in section 1 of this act.
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24	34		Sec. 3. Subdivision (1) of subsection (c) of section 38a-1081 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
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26		-	(c) (1) All initial appointments shall be made not later than July 1, 2011. Following the expiration of such initial terms, subsequent board member terms shall be for four years, ~~except that~~ no member shall serve more than eight years~~. Any member appointed to the board before October 1, 2018, who has served eight or more years on the board may complete such member's term~~. Any vacancy shall be filled by the appointing authority for the balance of the unexpired term. If an appointing authority fails to make an initial appointment, or an appointment to fill a vacancy within ninety days of the date of such vacancy, the appointed board members may make such appointment by a majority vote. Any board member previously appointed to the board or appointed to fill a vacancy may be reappointed in accordance with this section ~~unless such reappointment would cause the member to serve on the board for more than eight years~~. Any board member may be removed for misfeasance, malfeasance or wilful neglect of duty at the sole direction of the appointing authority.
	36	+	(c) (1) All initial appointments shall be made not later than July 1, 2011. Following the expiration of such initial terms, subsequent board member terms shall be for four years, provided no member shall serve more than eight years. Any vacancy shall be filled by the appointing authority for the balance of the unexpired term. If an appointing authority fails to make an initial appointment, or an appointment to fill a vacancy within ninety days of the date of such vacancy, the appointed board members may make such appointment by a majority vote. Any board member previously appointed to the board or appointed to fill a vacancy may be reappointed in accordance with this section. Any board member may be removed for misfeasance, malfeasance or wilful neglect of duty at the sole direction of the appointing authority.
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28	38		Sec. 4. Section 38a-1083 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
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30	40		(a) For purposes of sections 38a-1080 to 38a-1093, inclusive, as amended by this act, "purposes of the exchange" means the purposes of and the pursuit of the goals of the exchange expressed in and pursuant to this section and the performance of the duties and responsibilities of the exchange set forth in sections 38a-1084 to 38a-1087, inclusive, as amended by this act, which are hereby determined to be public purposes for which public funds may be expended. The powers enumerated in this section shall be interpreted broadly to effectuate the purposes of the exchange and shall not be construed as a limitation of powers.
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32	42		(b) The goals of the exchange shall be to reduce the number of individuals without health insurance in this state and assist individuals and small employers in the procurement of health insurance by, among other services, offering easily comparable and understandable information about health insurance options.
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34	44		(c) The exchange is authorized and empowered to:
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36	46		(1) Have perpetual succession as a body politic and corporate and to adopt bylaws for the regulation of its affairs and the conduct of its business;
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38	48		(2) Adopt an official seal and alter the same at pleasure;
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40	50		(3) Maintain an office in the state at such place or places as it may designate;
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42		-	(4) Employ such assistants, agents, managers and other employees as may be necessary or desirable, ~~except that~~ the exchange shall not approve any severance package or other compensation associated with termination of ~~employment~~, including compensation for accrued sick time, vacation time and compensatory time, that exceeds the lesser of the employee's pay for (A) two weeks for each year the employee was employed by the exchange, or (B) eight weeks;
	52	+	(4) Employ such assistants, agents, managers and other employees as may be necessary or desirable, provided the exchange shall not approve any severance package or other compensation associated with the termination of an employee, including compensation for accrued sick time, vacation time and compensatory time, that exceeds the lesser of the employee's pay for (A) two weeks for each year the employee was employed by the exchange, or (B) eight weeks;
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44	54		(5) Acquire, lease, purchase, own, manage, hold and dispose of real and personal property, and lease, convey or deal in or enter into agreements with respect to such property on any terms necessary or incidental to the carrying out of these purposes, provided all such acquisitions of real property for the exchange's own use with amounts appropriated by this state to the exchange or with the proceeds of bonds supported by the full faith and credit of this state shall be subject to the approval of the Secretary of the Office of Policy and Management and the provisions of section 4b-23;
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46	56		(6) Receive and accept, from any source, aid or contributions, including money, property, labor and other things of value;
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48	58		(7) Charge assessments or user fees to health carriers that are capable of offering a qualified health plan through the exchange, [or] implement and change methods of calculating such assessments or fees and otherwise generate funding necessary to support the operations of the exchange, [and impose] provided any increase in the amount of such assessments or fees or change in any method used to calculate such assessments or fees shall be subject to prior legislative approval under subsection (d) of this section;
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50	60		(8) Impose interest and penalties on [such] health carriers for delinquent payments of [such] assessments or user fees;
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52	62		[(8)] (9) Procure insurance against loss in connection with its property and other assets in such amounts and from such insurers as it deems desirable;
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54	64		[(9)] (10) Invest any funds not needed for immediate use or disbursement in obligations issued or guaranteed by the United States of America or the state and in obligations that are legal investments for savings banks in the state;
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56	66		[(10)] (11) Issue bonds, bond anticipation notes and other obligations of the exchange for any of its corporate purposes, and to fund or refund the same and provide for the rights of the holders thereof, and to secure the same by pledge of revenues, notes and mortgages of others;
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58	68		[(11)] (12) Borrow money for the purpose of obtaining working capital;
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60	70		[(12)] (13) Account for and audit funds of the exchange and any recipients of funds from the exchange;
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62	72		[(13)] (14) Make and enter into any contract or agreement necessary or incidental to the performance of its duties and execution of its powers. The contracts entered into by the exchange shall not be subject to the approval of any other state department, office or agency, provided copies of all contracts of the exchange shall be maintained by the exchange as public records, subject to the proprietary rights of any party to the contract;
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64	74		[(14)] (15) To the extent permitted under its contract with other persons, consent to any termination, modification, forgiveness or other change of any term of any contractual right, payment, royalty, contract or agreement of any kind to which the exchange is a party;
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66	76		[(15)] (16) Award grants to trained and certified individuals and institutions that will assist individuals, families and small employers and their employees in enrolling in appropriate coverage through the exchange. Applications for grants from the exchange shall be made on a form prescribed by the board;
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68	78		[(16) Limit the number of plans offered, and use selective criteria in determining which plans to offer, through the exchange, provided individuals and employers have an adequate number and selection of choices;]
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70	80		(17) Evaluate jointly with the [SustiNet] Health Care Cabinet established pursuant to section 19a-725 the feasibility of implementing a basic health program option as set forth in Section 1331 of the Affordable Care Act;
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72	82		(18) Establish one or more subsidiaries, in accordance with section 38a-1093, as amended by this act, to further the purposes of the exchange;
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74	84		(19) Make loans to each subsidiary established pursuant to section 38a-1093, as amended by this act, from the assets of the exchange and the proceeds of bonds, bond anticipation notes and other obligations issued by the exchange or assign or transfer to such subsidiary any of the rights, moneys or other assets of the exchange, provided such assignment or transfer is not in violation of state or federal law;
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76	86		(20) Sue and be sued, plead and be impleaded;
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78	88		(21) Adopt regular procedures, that are not in conflict with other provisions of the general statutes, for exercising the power of the exchange; and
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80	90		(22) Do all acts and things necessary and convenient to carry out the purposes of the exchange, provided such acts or things shall not conflict with the provisions of the Affordable Care Act, regulations adopted thereunder or federal guidance issued pursuant to the Affordable Care Act.
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82		-	(d) The exchange shall submit to the joint standing committee of the General Assembly having cognizance of matters relating to insurance: (1) Any proposed increase of more than fifteen per cent in any one-year period or thirty-five per cent in any three-year period in the amount of assessments or user fees charged to health carriers; and (2) any proposed method or change in method used in calculating such assessments or user fees. If the committee ~~disapproves such proposed increase, method or change in method, such proposed increase, method or change in method shall not take effect. If the committee~~ does not act within fifteen days after receiving a submittal, the proposed increase, method or change in method shall be deemed approved by the committee.
	92	+	(d) The exchange shall submit to the joint standing committee of the General Assembly having cognizance of matters relating to insurance: (1) Any proposed increase of more than fifteen per cent in any one-year period or thirty-five per cent in any three-year period in the amount of assessments or user fees charged to health carriers; and (2) any proposed method or change in method used in calculating such assessments or user fees. If the committee does not act within fifteen days after receiving a submittal, the proposed increase, method or change in method, as the case may be, shall be deemed to be approved by the committee.
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84	94		[(d)] (e) (1) The chief executive officer of the exchange shall provide to the commissioner the name of any health carrier that fails to pay any assessment or user fee under subdivision (7) of subsection (c) of this section to the exchange. The commissioner shall see that all laws respecting the authority of the exchange pursuant to [said subdivision (7)] subdivisions (7) and (8) of subsection (c) of this section are faithfully executed. The commissioner has all the powers specifically granted under this title and all further powers that are reasonable and necessary to enable the commissioner to enforce the provisions of [said subdivision (7)] subdivisions (7) and (8) of subsection (c) of this section.
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86	96		(2) Any health carrier aggrieved by an administrative action taken by the commissioner under subdivision (1) of this subsection may appeal therefrom in accordance with the provisions of section 4-183, except venue for such appeal shall be in the judicial district of New Britain.
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88	98		Sec. 5. Section 38a-1085 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
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90	100		(a) The exchange shall make qualified health plans available to qualified individuals and qualified employers for coverage beginning on or before January 1, 2014.
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92		-	(b) (1) The exchange shall not make available any health benefit plan that is not a qualified health plan, ~~except that~~ the exchange shall make available any short-term ~~health insurance~~ policy that is not a qualified health plan if the exchange is authorized to make available such policy under a federal statute or regulation.
	102	+	(b) (1) The exchange shall not make available any health benefit plan that is not a qualified health plan, provided the exchange shall make available any short-term care policy, as defined in section 38a-501a, that is not a qualified health plan if the exchange is authorized to make available such policy under a federal statute or regulation.
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94	104		(2) The exchange shall allow a health carrier to offer a plan that provides limited scope dental benefits meeting the requirements of Section 9832(c)(2)(A) of the Internal Revenue Code through the exchange, either separately or in conjunction with a qualified health plan, if the plan provides pediatric dental benefits meeting the requirements of Section 1302(b)(1)(J) of the Affordable Care Act.
95	105
96	106		(c) Neither the exchange nor a health carrier offering health benefit plans through the exchange shall charge an individual a fee or penalty for termination of coverage if the individual enrolls in another type of minimum essential coverage because (1) the individual has become newly eligible for that coverage, or (2) the individual's employer-sponsored coverage has become affordable under the standards of Section 36B(c)(2)(C) of the Internal Revenue Code.
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98	108		Sec. 6. Subsection (b) of section 38a-1093 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
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100	110		(b) Each subsidiary shall have and may exercise the powers of the exchange and such additional powers as are set forth in such resolution, except the powers of the exchange set forth in subdivisions (7), [(12), (15), (16),] (8), (13), (16), (17) and (21) of subsection (c) of section 38a-1083, as amended by this act, shall be reserved to the exchange and shall not be exercisable by any subsidiary of the exchange.
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102	112		Sec. 7. Subparagraph (C) of subdivision (23) of section 38a-1084 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
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104	114		(C) Not use any funds in carrying out its activities under sections 38a-1080 to [38a-1089] 38a-1088, inclusive, as amended by this act, that are intended for the administrative and operational expenses of the exchange, for staff retreats, promotional giveaways, excessive executive compensation or promotion of federal or state legislative and regulatory modifications;
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106	116		Sec. 8. Subsections (b) and (c) of section 38a-1090 of the 2018 supplement to the general statutes are repealed and the following is substituted in lieu thereof (Effective from passage):
107	117
108	118		(b) The exchange shall be subject to the Freedom of Information Act, as defined in section 1-200, except that the following information under sections 38a-1081 to [38a-1089] 38a-1088, inclusive, as amended by this act, shall not be subject to disclosure under section 1-210: (1) The names and applications of individuals and employers seeking coverage through the exchange; (2) individuals' health information; and (3) information exchanged between the exchange and the (A) Departments of Social Services, Public Health and Revenue Services, (B) Insurance Department, (C) office of the Comptroller, or (D) any other state agency that is subject to confidentiality agreements under contracts entered into with the exchange.
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110	120		(c) Unless expressly specified, nothing in this section or sections 38a-1080 to [38a-1089] 38a-1088, inclusive, as amended by this act, and no action taken by the exchange pursuant to said sections shall be construed to preempt, supersede or affect the authority of the commissioner to regulate the business of insurance in the state. All health carriers offering qualified health plans in the state shall comply with all applicable provisions of sections 38a-1083 to 38a-1093, inclusive, as amended by this act, and procedures adopted by the board pursuant to section 38a-1082.
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112	122		Sec. 9. Section 38a-1089 of the 2018 supplement to the general statutes is repealed. (Effective from passage)
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114	124
115	125
116	126
117	127		This act shall take effect as follows and shall amend the following sections:
118	128		Section 1 October 1, 2018 New section
119	129		Sec. 2 October 1, 2018 New section
120	130		Sec. 3 October 1, 2018 38a-1081(c)(1)
121	131		Sec. 4 October 1, 2018 38a-1083
122	132		Sec. 5 October 1, 2018 38a-1085
123	133		Sec. 6 October 1, 2018 38a-1093(b)
124	134		Sec. 7 from passage 38a-1084(23)(C)
125	135		Sec. 8 from passage 38a-1090(b) and (c)
126	136		Sec. 9 from passage Repealer section
127	137
128	138		This act shall take effect as follows and shall amend the following sections:
129	139
130	140		Section 1
131	141
132	142		October 1, 2018
133	143
134	144		New section
135	145
136	146		Sec. 2
137	147
138	148		October 1, 2018
139	149
140	150		New section
141	151
142	152		Sec. 3
143	153
144	154		October 1, 2018
145	155
146	156		38a-1081(c)(1)
147	157
148	158		Sec. 4
149	159
150	160		October 1, 2018
151	161
152	162		38a-1083
153	163
154	164		Sec. 5
155	165
156	166		October 1, 2018
157	167
158	168		38a-1085
159	169
160	170		Sec. 6
161	171
162	172		October 1, 2018
163	173
164	174		38a-1093(b)
165	175
166	176		Sec. 7
167	177
168	178		from passage
169	179
170	180		38a-1084(23)(C)
171	181
172	182		Sec. 8
173	183
174	184		from passage
175	185
176	186		38a-1090(b) and (c)
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178	188		Sec. 9
179	189
180	190		from passage
181	191
182	192		Repealer section
183	193
	194	+	Statement of Purpose:
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	196	+	To (1) authorize low option benefit design health insurance policies, (2) restrict the Connecticut Health Insurance Exchange's ability to establish requirements with respect to such policies, (3) limit the terms of members of the exchange's board of directors, (4) limit the exchange's ability to provide severance pay to its employees, (5) provide the General Assembly with additional oversight regarding assessments and user fees charged by the exchange, (6) conditionally require the exchange to make available short-term care policies that are not qualified health plans, and (7) eliminate an annual report that the chief executive officer of the exchange is required to file with the Governor and the General Assembly.
185	197
186		-	INS Joint Favorable Subst.
187		-
188		-	INS
189		-
190		-	Joint Favorable Subst.
	198	+	[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.]