Connecticut 2021 Regular Session

Connecticut Senate Bill SB00843 Compare Versions

Version 1 (Old)

Version 2 (New)

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7	6		General Assembly Raised Bill No. 843
8	7		January Session, 2021
9	8		LCO No. 2689
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12	11		Referred to Committee on INSURANCE AND REAL ESTATE
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14	13
15	14		Introduced by:
16	15		(INS)
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19	19
20	20		AN ACT CONCERNING TH E REGULATION OF INSURANCE IN THIS
21	21		STATE.
22	22		Be it enacted by the Senate and House of Representatives in General
23	23		Assembly convened:
24	24
25	25		Section 1. Section 38a-495c of the general statutes is repealed and the 1
26	26		following is substituted in lieu thereof (Effective July 1, 2021): 2
27	27		(a) Each insurance company, fraternal benefit society, hospital service 3
28	28		corporation, medical service corporation, health care center or other 4
29	29		entity in this state that delivers, issues for delivery, continues or renews 5
30	30		any Medicare supplement insurance policies or certificates shall base 6
31	31		the premium rates charged on a community rate. Such rate shall not be 7
32	32		based on age, gender, previous claims history or the medical condition 8
33	33		of the person covered by such policy or certificate. Except as provided 9
34	34		in subsection (c) of this section, coverage shall not be denied on the basis 10
35	35		of age, gender, previous claim history or the medical condition of the 11
36	36		person covered by such policy or certificate. 12
37	37		(b) Nothing in this section shall prohibit an insurance company, 13
38		-	fraternal benefit society, hospital service corporation, medical service 14 Raised Bill No. 843
	38	+	fraternal benefit society, hospital service corporation, medical service 14
	39	+	corporation, health care center or other entity in this state issuing 15 Raised Bill No. 843
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45		-	corporation, health care center or other entity in this state issuing 15
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46	45		Medicare supplement insurance policies or certificates from using its 16
47	46		usual and customary underwriting procedures, provided no such 17
48	47		company, society, corporation, center or other entity shall issue a 18
49	48		Medicare supplement policy or certificate based on the age, gender, 19
50	49		previous claims history or the medical condition of the applicant. 20
51	50		(c) Nothing in this section shall prohibit an insurance company, 21
52	51		fraternal benefit society, hospital service corporation, medical service 22
53	52		corporation, health care center or other entity in this state when granting 23
54	53		coverage under a Medicare supplement policy or certificate from 24
55	54		excluding benefits for losses incurred within six months from the 25
56	55		effective date of coverage based on a preexisting condition, in 26
57	56		accordance with section 38a-495a and the regulations adopted pursuant 27
58	57		to section 38a-495a. 28
59	58		(d) Each insurance company, fraternal benefit society, hospital 29
60	59		service corporation, medical service corporation, health care center or 30
61	60		other entity in the state issuing Medicare supplement policies or 31
62	61		certificates for plan "A", "B", [or] "C" or "D", or any combination thereof, 32
63	62		to persons eligible for Medicare by reason of age, shall offer for sale the 33
64	63		same such policies or certificates to persons eligible for Medicare by 34
65	64		reason of disability, except no such company, society, corporation, 35
66	65		center or other entity issuing any Medicare supplement policy or 36
67	66		certificate for plan "C" shall be required to offer for sale such policy or 37
68	67		certificate to any person who is a newly eligible Medicare beneficiary, 38
69	68		as defined in 42 USC 1395ss(z)(2). 39
70	69		(e) To the extent permissible by federal law, each insurance company, 40
71	70		fraternal benefit society, hospital service corporation, medical service 41
72	71		corporation, health care center or other entity in the state issuing 42
73	72		Medicare supplement policies or certificates for plan "A", "B", [or] "C" or 43
74	73		"D", or any combination thereof, may deliver or issue for delivery such 44
75	74		policy to a qualified Medicare beneficiary, as defined in 42 USC 45
76		-	1396d(p). 46 Raised Bill No. 843
	75	+	1396d(p). 46
	76	+	(f) Each insurance company, fraternal benefit society, hospital service 47 Raised Bill No. 843
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83		-	(f) Each insurance company, fraternal benefit society, hospital service 47
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84	82		corporation, medical service corporation, health care center or other 48
85	83		entity in the state issuing Medicare supplement policies or certificates 49
86	84		shall make all necessary arrangements with the Medicare Part B carrier 50
87	85		and all Medicare Part A intermediaries to allow for the forwarding, to 51
88	86		the issuing entity, of all Medicare claims containing the name of the 52
89	87		entity issuing a Medicare supplement policy or certificate and the 53
90	88		identification number of an insured. The entity issuing the Medicare 54
91	89		supplement policy or certificate shall process all benefits available to an 55
92	90		insured from a Medicare claim so forwarded, without requiring any 56
93	91		additional action on the part of the insured. 57
94	92		(g) The Insurance Commissioner may adopt regulations, in 58
95	93		accordance with chapter 54, to implement this section. 59
96	94		Sec. 2. Subsection (a) of section 38a-688a of the general statutes is 60
97	95		repealed and the following is substituted in lieu thereof (Effective June 61
98	96		30, 2021): 62
99		-	(a) Notwithstanding the requirements of sections 38a-389 and 38a-63
100		-	~~688~~ with respect to personal risk insurance with the exception of 64
101		-	~~residual~~ market rates, and on and after July 1, 2006, and until July 1, 65
102		-	~~[2021] 2025,~~ an insurer may file a rate with the Insurance Commissioner 66
103		-	~~pursuant to~~ this section and such rate shall take effect the date it is filed 67
104		-	~~provided~~ the rate provides for an overall state-wide rate increase or 68
105		-	~~decrease of~~ not more than six per cent in the aggregate [and not more 69
106		-	~~than a fifteen~~ per cent increase in any individual territory] for all 70
107		-	~~coverages that are~~ subject to the filing. Such percentage [limits] limit 71
108		-	~~shall not apply on an~~ individual insured basis. Not more than one filing 72
109		-	~~may be made by an~~ insurer pursuant to this section within any twelve-73
110		-	~~month period unless~~ the filing, when combined with one or more filings 74
111		-	~~made by the insurer~~ within the preceding twelve months, does not 75
112		-	~~result in an overall state-~~wide increase or decrease of more than six per 76
113		-	~~cent in the aggregate [and~~ not more than a fifteen per cent increase in 77
114		-	~~any individual territory] for~~ all coverages that are subject to the filing. 78 Raised Bill No. 843
	97	+	(a) Notwithstanding the requirements of sections 38a-389 and 38a-688 63
	98	+	with respect to personal risk insurance with the exception of residual 64
	99	+	market rates, and on and after July 1, 2006, and until July 1, [2021] 2025, 65
	100	+	an insurer may file a rate with the Insurance Commissioner pursuant to 66
	101	+	this section and such rate shall take effect the date it is filed provided 67
	102	+	the rate provides for an overall state-wide rate increase or decrease of 68
	103	+	not more than six per cent in the aggregate [and not more than a fifteen 69
	104	+	per cent increase in any individual territory] for all coverages that are 70
	105	+	subject to the filing. Such percentage [limits] limit shall not apply on an 71
	106	+	individual insured basis. Not more than one filing may be made by an 72
	107	+	insurer pursuant to this section within any twelve-month period unless 73
	108	+	the filing, when combined with one or more filings made by the insurer 74
	109	+	within the preceding twelve months, does not result in an overall state-75
	110	+	wide increase or decrease of more than six per cent in the aggregate [and 76
	111	+	not more than a fifteen per cent increase in any individual territory] for 77
	112	+	all coverages that are subject to the filing.78 Raised Bill No. 843
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121	118		This act shall take effect as follows and shall amend the following
122	119		sections:
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124	121		Section 1 July 1, 2021 38a-495c
125	122		Sec. 2 June 30, 2021 38a-688a(a)
126	123
127		-	INS Joint Favorable
	124	+	Statement of Purpose:
	125	+	To: (1) Provide that certain health carriers (A) shall offer Medicare
	126	+	supplement insurance policies and certificates for plan "D" to persons
	127	+	eligible for Medicare by reason of disability, and (B) may deliver
	128	+	Medicare supplement insurance policies and certificates for plan "D" to
	129	+	qualified Medicare beneficiaries; (2) amend certain provisions of the
	130	+	general statutes to more closely conform to the Medicare Access and
	131	+	CHIP Reauthorization Act of 2015, P.L. 114-10; (3) extend the sunset date
	132	+	for personal risk insurance rate filings; and (4) eliminate the territorial
	133	+	cap on increases for personal risk insurance rate filings.
	134	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	135	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	136	+	underlined.]
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