4 | 4 | | HB.docx |
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7 | 7 | | General Assembly Substitute Bill No. 6710 |
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8 | 8 | | January Session, 2023 |
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13 | 13 | | |
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14 | 14 | | AN ACT CONCERNING ASSOCIATION HEALTH PLANS AND |
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15 | 15 | | ESTABLISHING A TASK FORCE TO STUDY STOP -LOSS |
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16 | 16 | | INSURANCE. |
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17 | 17 | | Be it enacted by the Senate and House of Representatives in General |
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18 | 18 | | Assembly convened: |
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19 | 19 | | |
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20 | 20 | | Section 1. (NEW) (Effective October 1, 2023) For the purposes of this 1 |
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21 | 21 | | section and sections 2, 3 and 5 of this act: 2 |
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22 | 22 | | (1) "Commissioner" means the Insurance Commissioner; 3 |
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23 | 23 | | (2) "Employer member" means an entity in this state that is part of a 4 |
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24 | 24 | | sponsoring association, conducts business in this state and employs 5 |
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25 | 25 | | individuals in this state; 6 |
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26 | 26 | | (3) "ERISA" means the Employee Retirement Income Security Act of 7 |
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27 | 27 | | 1974, as amended from time to time; 8 |
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28 | 28 | | (4) "Fully insured multiple employer welfare arrangement" means 9 |
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29 | 29 | | any health benefit plan offered by a sponsoring association for the 10 |
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30 | 30 | | purpose of providing insurance to participating employees of a 11 |
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31 | 31 | | sponsoring association that is funded through a policy of insurance 12 |
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32 | 32 | | issued by a licensed insurance company in this state; 13 |
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33 | 33 | | (5) "Health enhancement program" means any health benefit 14 |
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34 | 34 | | program that ensures access and removes barriers to essential, high-15 Substitute Bill No. 6710 |
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36 | 36 | | |
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39 | 39 | | 2 of 16 |
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40 | 40 | | |
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41 | 41 | | value clinical services; 16 |
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42 | 42 | | (6) "Preexisting conditions provision" has the same meaning as 17 |
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43 | 43 | | provided in section 38a-476 of the general statutes; 18 |
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44 | 44 | | (7) "Self-funded multiple employer welfare arrangement" means any 19 |
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45 | 45 | | health benefit plan offered by a sponsoring association, that is not fully 20 |
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46 | 46 | | insured by a licensed insurance company in this state, for the purpose 21 |
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47 | 47 | | of providing insurance to participating employer members of a 22 |
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48 | 48 | | sponsoring association; 23 |
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49 | 49 | | (8) "Sponsoring association" means any industry trade group or any 24 |
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50 | 50 | | other trade group with employer members representing multiple trades 25 |
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51 | 51 | | incorporated in this state that (A) is organized and has a written 26 |
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52 | 52 | | constitution or bylaws, (B) has not less than fifty employer members, 27 |
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53 | 53 | | and (C) has been maintained in good faith for not less than the 28 |
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54 | 54 | | immediately preceding five years for purposes other than obtaining or 29 |
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55 | 55 | | providing insurance; and 30 |
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56 | 56 | | (9) "Value-based insurance design" means any material term in a 31 |
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57 | 57 | | health insurance policy that is designed to increase the quality of 32 |
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58 | 58 | | covered benefits or health care services while reducing the cost of such 33 |
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59 | 59 | | policy, benefits or health care services. 34 |
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60 | 60 | | Sec. 2. (NEW) (Effective October 1, 2023) (a) No self-funded multiple 35 |
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61 | 61 | | employer welfare arrangement shall issue any health benefit plan in this 36 |
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62 | 62 | | state unless such self-funded multiple employer welfare arrangement 37 |
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63 | 63 | | first obtains a license from the commissioner. 38 |
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64 | 64 | | (b) Any health benefit plan issued by a self-funded multiple 39 |
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65 | 65 | | employer welfare arrangement that covers one or more employees of 40 |
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66 | 66 | | one or more participating employer members of a sponsoring 41 |
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67 | 67 | | association shall: 42 |
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68 | 68 | | (1) Provide coverage for (A) essential health benefits as defined in the 43 |
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69 | 69 | | Patient Protection and Affordable Care Act, P.L. 111-148, as amended 44 |
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70 | 70 | | from time to time, or regulations adopted thereunder, and (B) the state 45 Substitute Bill No. 6710 |
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71 | 71 | | |
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72 | 72 | | |
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76 | 76 | | |
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77 | 77 | | mandated coverage requirements under chapter 700c of the general 46 |
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78 | 78 | | statutes; 47 |
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79 | 79 | | (2) Offer a minimum level of coverage designed to provide health 48 |
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80 | 80 | | benefits that are actuarially equivalent to not less than sixty per cent of 49 |
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81 | 81 | | the full actuarial value of the benefits provided under the health benefit 50 |
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82 | 82 | | plan and include coverage for inpatient hospital services and physician 51 |
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83 | 83 | | services; 52 |
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84 | 84 | | (3) Not limit or exclude coverage for any individual by imposing any 53 |
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85 | 85 | | preexisting conditions provision on such individual; 54 |
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86 | 86 | | (4) Not establish discriminatory rules based on the health status of an 55 |
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87 | 87 | | individual related to health benefit plan eligibility, or premium or 56 |
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88 | 88 | | contribution requirements; 57 |
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89 | 89 | | (5) Establish base rates formed on an actuarially sound, modified 58 |
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90 | 90 | | community rating methodology that considers the pooling of all 59 |
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91 | 91 | | participants' claims; 60 |
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92 | 92 | | (6) Utilize each employer member's risk profile to determine 61 |
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93 | 93 | | premiums by actuarially adjusting above or below established base 62 |
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94 | 94 | | rates, and utilize pooling or reinsurance of individual large claimants to 63 |
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95 | 95 | | reduce the adverse impact on any specific employer member's 64 |
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96 | 96 | | premiums; 65 |
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97 | 97 | | (7) Make any health benefit plan available to all employer members 66 |
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98 | 98 | | of a sponsoring association regardless of any factor relating to the health 67 |
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99 | 99 | | status of such employer members or individuals eligible for coverage 68 |
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100 | 100 | | through any employer member; 69 |
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101 | 101 | | (8) Implement value-based insurance design and value-based 70 |
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102 | 102 | | contracting by administering programs, which may include, but are not 71 |
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103 | 103 | | limited to, centers of excellence, wellness programs, health 72 |
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104 | 104 | | enhancement programs, alternative payment models, chronic disease 73 |
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105 | 105 | | navigation, patient-centered medical homes and advanced primary 74 |
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106 | 106 | | care; and 75 Substitute Bill No. 6710 |
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112 | 112 | | |
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113 | 113 | | (9) Comply with the notification requirements to covered persons set 76 |
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114 | 114 | | forth in sections 38a-591d, 38a-591e and 38a-591f of the general statutes 77 |
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115 | 115 | | with respect to utilization review and benefit determinations of a benefit 78 |
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116 | 116 | | request or claim. 79 |
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117 | 117 | | (c) Any sponsoring association shall form a trust that shall establish 80 |
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118 | 118 | | and maintain any health benefit plans for such sponsoring association. 81 |
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119 | 119 | | Such trust shall be authorized to sell health benefit plans to employer 82 |
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120 | 120 | | members of the sponsoring association by meeting the following 83 |
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121 | 121 | | conditions: 84 |
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122 | 122 | | (1) The trust shall be subject to ERISA and any regulations or 85 |
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123 | 123 | | standards prescribed by the United States Department of Labor to 86 |
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124 | 124 | | enforce multiple employer welfare arrangements; 87 |
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125 | 125 | | (2) A Form M-1 shall be filed each year with the United States 88 |
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126 | 126 | | Department of Labor. For purposes of this subdivision, "Form M-1" 89 |
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127 | 127 | | means an annual report required by the United States Department of 90 |
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128 | 128 | | Labor for multiple employer welfare arrangements that includes, but is 91 |
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129 | 129 | | not limited to, the following: (A) Identification of the sponsoring 92 |
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130 | 130 | | association and trust establishing a self-funded multiple employer 93 |
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131 | 131 | | welfare arrangement; and (B) a description of any health benefit plans 94 |
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132 | 132 | | offered through the trust as a self-funded multiple employer welfare 95 |
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133 | 133 | | arrangement; 96 |
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134 | 134 | | (3) Any organizational documents for a trust shall: 97 |
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135 | 135 | | (A) State that such trust is sponsored by the sponsoring association; 98 |
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136 | 136 | | (B) State that the purpose of such trust is to provide health care 99 |
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137 | 137 | | benefits, including, but not limited to, medical, prescription drug, dental 100 |
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138 | 138 | | and vision benefits, to participating employees of the sponsoring 101 |
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139 | 139 | | association or its members, and the dependents of such participating 102 |
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140 | 140 | | employees or members, through health benefit plans; 103 |
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141 | 141 | | (C) Provide that trust funds shall be used for the benefit of 104 |
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142 | 142 | | participating employees of the sponsoring association and the 105 Substitute Bill No. 6710 |
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149 | 149 | | dependents of such participating employees, through (i) self-funding of 106 |
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150 | 150 | | claims or the purchase of reinsurance, or any combination thereof, and 107 |
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151 | 151 | | (ii) defraying the costs and expenses of administering and operating 108 |
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152 | 152 | | such trust and any health benefit plan; 109 |
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153 | 153 | | (D) Limit participation in any health benefit plan to participating 110 |
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154 | 154 | | employees of the sponsoring association and such sponsoring 111 |
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155 | 155 | | association's employer members; 112 |
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156 | 156 | | (E) Establish and maintain a board of trustees, composed of not less 113 |
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157 | 157 | | than five trustees, that shall have fiscal control over such self-funded 114 |
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158 | 158 | | multiple employer welfare arrangement. Any board of trustees shall 115 |
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159 | 159 | | have the authority to (i) approve applications of association employer 116 |
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160 | 160 | | members for participation in the self-funded multiple employer welfare 117 |
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161 | 161 | | arrangement, and (ii) contract with any licensed administrator or service 118 |
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162 | 162 | | company to administer the daily operations of the self-funded multiple 119 |
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163 | 163 | | employer welfare arrangement; 120 |
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164 | 164 | | (F) Implement a process for the election of trustees to the board of 121 |
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165 | 165 | | trustees; and 122 |
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166 | 166 | | (G) Require each trustee to discharge such trustee's duties in 123 |
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167 | 167 | | accordance with generally accepted fiduciary standards, as determined 124 |
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168 | 168 | | by the commissioner, in accordance with the provisions of chapter 54 of 125 |
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169 | 169 | | the general statutes; 126 |
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170 | 170 | | (4) The trust shall establish and maintain reserves calculated in 127 |
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171 | 171 | | accordance with the accounting requirements of the National 128 |
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172 | 172 | | Association of Insurance Commissioners Accounting Practices and 129 |
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173 | 173 | | Procedures Manual, version effective January 1, 2001, and subsequent 130 |
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174 | 174 | | revisions, and in accordance with any financial and solvency 131 |
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175 | 175 | | regulations adopted by the commissioner, in accordance with the 132 |
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176 | 176 | | provisions of chapter 54 of the general statutes; 133 |
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177 | 177 | | (5) The trust shall purchase and maintain an insurance policy 134 |
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178 | 178 | | providing coverage for stop-loss insurance with retention levels 135 |
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179 | 179 | | determined in accordance with actuarial principles from insurers 136 Substitute Bill No. 6710 |
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186 | 186 | | licensed to transact the business of insurance in this state; 137 |
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187 | 187 | | (6) The trust shall purchase and maintain commercially reasonable 138 |
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188 | 188 | | fiduciary liability insurance from insurers licensed to transact the 139 |
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189 | 189 | | business of insurance in this state; 140 |
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190 | 190 | | (7) The trust shall purchase and maintain a bond in an amount and 141 |
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191 | 191 | | form approved by the commissioner; and 142 |
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192 | 192 | | (8) No trust shall include in its name, the words "insurance", 143 |
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193 | 193 | | "insurer", "underwriter", "mutual", or any other word or term or 144 |
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194 | 194 | | combination of words or terms that is descriptive of an insurance 145 |
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195 | 195 | | company or insurance business, unless the context of such words or 146 |
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196 | 196 | | terms indicate that such trust is not an insurance company and is not 147 |
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197 | 197 | | transacting the business of insurance. 148 |
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198 | 198 | | (d) Any board of trustees established pursuant to subsection (c) of 149 |
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199 | 199 | | this section shall: 150 |
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200 | 200 | | (1) Operate any health benefit plans in accordance with generally 151 |
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201 | 201 | | accepted fiduciary standards, as established in regulations adopted by 152 |
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202 | 202 | | the commissioner, in accordance with the provisions of chapter 54 of the 153 |
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203 | 203 | | general statutes; and 154 |
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204 | 204 | | (2) Have the authority to collect special assessments against employer 155 |
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205 | 205 | | members and enforce the collection of such special assessments. 156 |
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206 | 206 | | (e) Each employer member shall be liable for such employer 157 |
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207 | 207 | | member's allocated share of the liabilities of the sponsoring association 158 |
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208 | 208 | | under any health benefit plan, as determined by the board of trustees. 159 |
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209 | 209 | | (f) Health benefit plan documents issued by any such self-funded 160 |
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210 | 210 | | multiple employer welfare arrangement shall have the following 161 |
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211 | 211 | | statement printed on the first page in fourteen-point boldface type: "This 162 |
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212 | 212 | | coverage is not insurance and is not offered through an insurance 163 |
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213 | 213 | | company. This coverage is not required to comply with certain federal 164 |
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214 | 214 | | market requirements for health insurance, and is not required to comply 165 Substitute Bill No. 6710 |
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221 | 221 | | with certain state laws for health insurance. Each employer member 166 |
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222 | 222 | | shall be liable for such employer member's allocated share of the 167 |
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223 | 223 | | liabilities of the sponsoring association under the health benefit plans as 168 |
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224 | 224 | | determined by the board of trustees. Each employer member may be 169 |
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225 | 225 | | responsible for paying an additional sum if the annual premiums 170 |
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226 | 226 | | present a deficit of funds for the trust. The trust's financial documents 171 |
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227 | 227 | | shall be made available upon request by a participant in the health 172 |
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228 | 228 | | benefit plan". 173 |
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229 | 229 | | (g) This section shall not apply to any fully insured multiple 174 |
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230 | 230 | | employer welfare arrangement that offers or provides any health benefit 175 |
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231 | 231 | | plan that is fully insured by any insurer authorized to transact the 176 |
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232 | 232 | | business of insurance in this state. 177 |
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233 | 233 | | (h) The commissioner shall adopt regulations, in accordance with the 178 |
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234 | 234 | | provisions of chapter 54 of the general statutes, to implement the 179 |
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235 | 235 | | provisions of this section, including, but not limited to, the requirements 180 |
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236 | 236 | | of self-funded multiple employer welfare arrangements for: (1) 181 |
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237 | 237 | | Licensing; (2) financial condition and actuarial standards; (3) solvency 182 |
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238 | 238 | | and insolvency, including, but not limited to, the use of trust deposits 183 |
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239 | 239 | | and security bonds; (4) transparency and reporting; and (5) filings. 184 |
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240 | 240 | | Sec. 3. (NEW) (Effective October 1, 2023) (a) Any sponsoring 185 |
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241 | 241 | | association that sponsors any fully insured multiple employer welfare 186 |
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242 | 242 | | arrangement shall have a written constitution and bylaws that require: 187 |
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243 | 243 | | (1) The sponsoring association to hold regular meetings not less than 188 |
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244 | 244 | | once annually to further the purposes of such sponsoring association's 189 |
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245 | 245 | | participating employers; and 190 |
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246 | 246 | | (2) The sponsoring association to collect dues or solicit contributions 191 |
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247 | 247 | | from such sponsoring association's participating employers. 192 |
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248 | 248 | | (b) Any health benefit plan issued by any fully insured multiple 193 |
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249 | 249 | | employer welfare arrangement shall: 194 |
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250 | 250 | | (1) Comply with regulations or standards prescribed by the United 195 Substitute Bill No. 6710 |
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256 | 256 | | |
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257 | 257 | | States Department of Labor pertaining to multiple employer welfare 196 |
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258 | 258 | | arrangements; 197 |
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259 | 259 | | (2) Qualify as a large group market plan subject to (A) all coverage 198 |
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260 | 260 | | mandates under chapter 700c of the general statutes applicable to a large 199 |
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261 | 261 | | group market plan offered in this state, and (B) the large group market 200 |
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262 | 262 | | insurance regulations pursuant to the Public Health Service Act, 42 USC 201 |
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263 | 263 | | 2791, as amended from time to time; 202 |
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264 | 264 | | (3) Adhere to the group health plan coverage requirements under the 203 |
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265 | 265 | | Patient Protection and Affordable Care Act, P.L. 111-148, as amended 204 |
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266 | 266 | | from time to time; 205 |
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267 | 267 | | (4) Not limit or exclude coverage for any individual by imposing any 206 |
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268 | 268 | | preexisting conditions provision on such individual; 207 |
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269 | 269 | | (5) Provide coverage for (A) essential health benefits as defined in the 208 |
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270 | 270 | | Patient Protection and Affordable Care Act, P.L. 111-148, as amended 209 |
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271 | 271 | | from time to time, or regulations adopted thereunder, and (B) the state 210 |
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272 | 272 | | mandated coverage requirements under chapter 700c of the general 211 |
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273 | 273 | | statutes; 212 |
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274 | 274 | | (6) Offer a minimum level of coverage designed to provide benefits 213 |
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275 | 275 | | that are actuarially equivalent to not less than sixty per cent of the full 214 |
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276 | 276 | | actuarial value of the benefits provided under the health benefit plan; 215 |
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277 | 277 | | and 216 |
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278 | 278 | | (7) Be available only to participating employers of the fully insured 217 |
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279 | 279 | | multiple employer welfare arrangement. 218 |
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280 | 280 | | Sec. 4. Section 38a-567 of the general statutes is repealed and the 219 |
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281 | 281 | | following is substituted in lieu thereof (Effective October 1, 2023): 220 |
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282 | 282 | | Health insurance plans [, associations of small employers] and other 221 |
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283 | 283 | | insurance arrangements covering small employers and insurers and 222 |
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284 | 284 | | producers marketing such plans and arrangements shall be subject to 223 |
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285 | 285 | | the following provisions: 224 Substitute Bill No. 6710 |
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292 | 292 | | (1) (A) Any such plan or arrangement shall be offered on a 225 |
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293 | 293 | | guaranteed issue basis with respect to all eligible employees or 226 |
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294 | 294 | | dependents of such employees, at the option of the small employer, 227 |
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295 | 295 | | policyholder or contractholder, as the case may be. 228 |
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296 | 296 | | (B) Any such plan or arrangement shall be renewable with respect to 229 |
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297 | 297 | | all eligible employees or dependents at the option of the small employer, 230 |
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298 | 298 | | policyholder or contractholder, as the case may be, except: (i) For 231 |
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299 | 299 | | nonpayment of the required premiums by the small employer, 232 |
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300 | 300 | | policyholder or contractholder; (ii) for fraud or misrepresentation of the 233 |
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301 | 301 | | small employer, policyholder or contractholder or, with respect to 234 |
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302 | 302 | | coverage of individual insured, the insureds or their representatives; 235 |
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303 | 303 | | (iii) for noncompliance with plan or arrangement provisions; (iv) when 236 |
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304 | 304 | | the number of insureds covered under the plan or arrangement is less 237 |
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305 | 305 | | than the number of insureds or percentage of insureds required by 238 |
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306 | 306 | | participation requirements under the plan or arrangement; or (v) when 239 |
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307 | 307 | | the small employer, policyholder or contractholder is no longer actively 240 |
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308 | 308 | | engaged in the business in which it was engaged on the effective date of 241 |
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309 | 309 | | the plan or arrangement. 242 |
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310 | 310 | | (C) Renewability of coverage may be effected by either continuing in 243 |
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311 | 311 | | effect a plan or arrangement covering a small employer or by 244 |
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312 | 312 | | substituting upon renewal for the prior plan or arrangement the plan or 245 |
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313 | 313 | | arrangement then offered by the carrier that most closely corresponds 246 |
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314 | 314 | | to the prior plan or arrangement and is available to other small 247 |
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315 | 315 | | employers. Such substitution shall only be made under conditions 248 |
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316 | 316 | | approved by the commissioner. A carrier may substitute a plan or 249 |
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317 | 317 | | arrangement as set forth in this subparagraph only if the carrier effects 250 |
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318 | 318 | | the same substitution upon renewal for all small employers previously 251 |
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319 | 319 | | covered under the particular plan or arrangement, unless otherwise 252 |
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320 | 320 | | approved by the commissioner. The substitute plan or arrangement 253 |
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321 | 321 | | shall be subject to the rating restrictions specified in this section on the 254 |
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322 | 322 | | same basis as if no substitution had occurred, except for an adjustment 255 |
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323 | 323 | | based on coverage differences. 256 |
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324 | 324 | | (D) Any such plan or arrangement shall provide special enrollment 257 Substitute Bill No. 6710 |
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331 | 331 | | periods (i) to all eligible employees or dependents as set forth in 45 CFR 258 |
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332 | 332 | | 147.104, as amended from time to time, and (ii) for coverage under such 259 |
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333 | 333 | | plan or arrangement ordered by a court for a spouse or minor child of 260 |
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334 | 334 | | an eligible employee where request for enrollment is made not later than 261 |
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335 | 335 | | thirty days after the issuance of such court order. 262 |
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336 | 336 | | (2) (A) As used in this subdivision, "grandfathered plan" has the same 263 |
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337 | 337 | | meaning as "grandfathered health plan" as provided in the Patient 264 |
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338 | 338 | | Protection and Affordable Care Act, P.L. 111-148, as amended from time 265 |
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339 | 339 | | to time. 266 |
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340 | 340 | | (B) With respect to grandfathered plans issued to small employers, 267 |
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341 | 341 | | the premium rates charged or offered shall be established on the basis 268 |
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342 | 342 | | of a single pool of all grandfathered plans, adjusted to reflect one or 269 |
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343 | 343 | | more of the following classifications: 270 |
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344 | 344 | | (i) Age, provided age brackets of less than five years shall not be 271 |
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345 | 345 | | utilized; 272 |
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346 | 346 | | (ii) Gender; 273 |
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347 | 347 | | (iii) Geographic area, provided an area smaller than a county shall 274 |
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348 | 348 | | not be utilized; 275 |
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349 | 349 | | (iv) Industry, provided the rate factor associated with any industry 276 |
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350 | 350 | | classification shall not vary from the arithmetic average of the highest 277 |
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351 | 351 | | and lowest rate factors associated with all industry classifications by 278 |
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352 | 352 | | greater than fifteen per cent of such average, and provided further, the 279 |
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353 | 353 | | rate factors associated with any industry shall not be increased by more 280 |
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354 | 354 | | than five per cent per year; 281 |
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355 | 355 | | (v) Group size, provided the highest rate factor associated with group 282 |
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356 | 356 | | size shall not vary from the lowest rate factor associated with group size 283 |
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357 | 357 | | by a ratio of greater than 1.25 to 1.0; 284 |
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358 | 358 | | (vi) Administrative cost savings resulting from the administration of 285 |
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359 | 359 | | an association group plan or a plan written pursuant to section 5-259, 286 Substitute Bill No. 6710 |
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366 | 366 | | provided the savings reflect a reduction to the small employer carrier's 287 |
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367 | 367 | | overall retention that is measurable and specifically realized on items 288 |
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368 | 368 | | such as marketing, billing or claims paying functions taken on directly 289 |
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369 | 369 | | by the plan administrator or association, except that such savings may 290 |
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370 | 370 | | not reflect a reduction realized on commissions; 291 |
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371 | 371 | | (vii) Savings resulting from a reduction in the profit of a carrier that 292 |
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372 | 372 | | writes small business plans or arrangements for an association group 293 |
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373 | 373 | | plan or a plan written pursuant to section 5-259, provided any loss in 294 |
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374 | 374 | | overall revenue due to a reduction in profit is not shifted to other small 295 |
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375 | 375 | | employers; and 296 |
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376 | 376 | | (viii) Family composition, provided the small employer carrier shall 297 |
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377 | 377 | | utilize only one or more of the following billing classifications: (I) 298 |
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378 | 378 | | Employee; (II) employee plus family; (III) employee and spouse; (IV) 299 |
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379 | 379 | | employee and child; (V) employee plus one dependent; and (VI) 300 |
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380 | 380 | | employee plus two or more dependents. 301 |
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381 | 381 | | (C) (i) With respect to nongrandfathered plans issued to small 302 |
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382 | 382 | | employers, the premium rates charged or offered shall be established on 303 |
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383 | 383 | | the basis of a single pool of all nongrandfathered plans, adjusted to 304 |
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384 | 384 | | reflect one or more of the following classifications: 305 |
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385 | 385 | | (I) Age, in accordance with a uniform age rating curve established by 306 |
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386 | 386 | | the commissioner; or 307 |
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387 | 387 | | (II) Geographic area, as defined by the commissioner. 308 |
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388 | 388 | | (ii) Total premium rates for family coverage for nongrandfathered 309 |
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389 | 389 | | plans shall be determined by adding the premiums for each individual 310 |
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390 | 390 | | family member, except that with respect to family members under 311 |
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391 | 391 | | twenty-one years of age, the premiums for only the three oldest covered 312 |
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392 | 392 | | children shall be taken into account in determining the total premium 313 |
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393 | 393 | | rate for such family. 314 |
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394 | 394 | | (iii) Premium rates for employees and dependents for 315 |
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395 | 395 | | nongrandfathered plans shall be calculated for each covered individual 316 Substitute Bill No. 6710 |
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396 | 396 | | |
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397 | 397 | | |
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401 | 401 | | |
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402 | 402 | | and premium rates for the small employer group shall be calculated by 317 |
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403 | 403 | | totaling the premiums attributable to each covered individual. 318 |
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404 | 404 | | (iv) Premium rates for any given plan may vary by (I) actuarially 319 |
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405 | 405 | | justified differences in plan design, and (II) actuarially justified amounts 320 |
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406 | 406 | | to reflect the policy's provider network and administrative expense 321 |
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407 | 407 | | differences that can be reasonably allocated to such policy. 322 |
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408 | 408 | | (3) No small employer carrier or producer shall, directly or indirectly, 323 |
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409 | 409 | | engage in the following activities: 324 |
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410 | 410 | | (A) Encouraging or directing small employers to refrain from filing 325 |
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411 | 411 | | an application for coverage with the small employer carrier because of 326 |
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412 | 412 | | the health status, claims experience, industry, occupation or geographic 327 |
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413 | 413 | | location of the small employer, except the provisions of this 328 |
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414 | 414 | | subparagraph shall not apply to information provided by a small 329 |
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415 | 415 | | employer carrier or producer to a small employer regarding the carrier's 330 |
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416 | 416 | | established geographic service area or a restricted network provision of 331 |
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417 | 417 | | a small employer carrier; or 332 |
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418 | 418 | | (B) Encouraging or directing small employers to seek coverage from 333 |
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419 | 419 | | another carrier because of the health status, claims experience, industry, 334 |
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420 | 420 | | occupation or geographic location of the small employer. 335 |
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421 | 421 | | (4) No small employer carrier shall, directly or indirectly, enter into 336 |
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422 | 422 | | any contract, agreement or arrangement with a producer that provides 337 |
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423 | 423 | | for or results in the compensation paid to a producer for the sale of a 338 |
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424 | 424 | | health benefit plan to be varied because of the health status, claims 339 |
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425 | 425 | | experience, industry, occupation or geographic area of the small 340 |
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426 | 426 | | employer. A small employer carrier shall provide reasonable 341 |
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427 | 427 | | compensation, as provided under the plan of operation of the program, 342 |
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428 | 428 | | to a producer, if any, for the sale of a health care plan. No small 343 |
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429 | 429 | | employer carrier shall terminate, fail to renew or limit its contract or 344 |
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430 | 430 | | agreement of representation with a producer for any reason related to 345 |
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431 | 431 | | the health status, claims experience, occupation, or geographic location 346 |
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432 | 432 | | of the small employers placed by the producer with the small employer 347 Substitute Bill No. 6710 |
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433 | 433 | | |
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438 | 438 | | |
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439 | 439 | | carrier. 348 |
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440 | 440 | | (5) No small employer carrier or producer shall induce or otherwise 349 |
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441 | 441 | | encourage a small employer to separate or otherwise exclude an 350 |
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442 | 442 | | employee from health coverage or benefits provided in connection with 351 |
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443 | 443 | | the employee's employment. 352 |
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444 | 444 | | (6) No small employer carrier or producer shall disclose (A) to a small 353 |
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445 | 445 | | employer the fact that any or all of the eligible employees of such small 354 |
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446 | 446 | | employer have been or will be reinsured with the pool, or (B) to any 355 |
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447 | 447 | | eligible employee or dependent the fact that he has been or will be 356 |
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448 | 448 | | reinsured with the pool. 357 |
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449 | 449 | | (7) If a small employer carrier enters into a contract, agreement or 358 |
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450 | 450 | | other arrangement with another party to provide administrative, 359 |
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451 | 451 | | marketing or other services related to the offering of health benefit plans 360 |
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452 | 452 | | to small employers in this state, the other party shall be subject to the 361 |
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453 | 453 | | provisions of this section. 362 |
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454 | 454 | | (8) The commissioner may adopt regulations, in accordance with the 363 |
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455 | 455 | | provisions of chapter 54, setting forth additional standards to provide 364 |
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456 | 456 | | for the fair marketing and broad availability of health benefit plans to 365 |
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457 | 457 | | small employers. 366 |
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458 | 458 | | (9) Any violation of subdivisions (3) to (7), inclusive, of this section 367 |
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459 | 459 | | and of any regulations established under subdivision (8) of this section 368 |
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460 | 460 | | shall be an unfair and prohibited practice under sections 38a-815 to 38a-369 |
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461 | 461 | | 830, inclusive. 370 |
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462 | 462 | | Sec. 5. (Effective from passage) (a) For the purposes of this section: 371 |
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463 | 463 | | (1) "Stop-loss insurance plan" means any insurance policy purchased 372 |
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464 | 464 | | by any employer, insurer, multiple employer welfare arrangement or 373 |
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465 | 465 | | other provider of fully insured or self-funded small group health 374 |
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466 | 466 | | coverage in this state that limits the financial risk of medical costs for 375 |
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467 | 467 | | such employer, insurer, multiple employer welfare arrangement or 376 |
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468 | 468 | | other provider of fully insured or self-funded small group health 377 Substitute Bill No. 6710 |
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469 | 469 | | |
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470 | 470 | | |
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474 | 474 | | |
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475 | 475 | | coverage; and 378 |
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476 | 476 | | (2) "Small group" means any employer or other purchaser of a stop-379 |
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477 | 477 | | loss insurance plan with not more than one hundred employees or 380 |
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478 | 478 | | members. 381 |
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479 | 479 | | (b) There is established a task force to study the structure of stop-loss 382 |
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480 | 480 | | insurance plans and any impact that such plans may have on (1) small 383 |
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481 | 481 | | groups and such groups' enrollees, and (2) medical spending in this 384 |
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482 | 482 | | state. 385 |
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483 | 483 | | (c) The task force shall make recommendations concerning: (1) 386 |
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484 | 484 | | Measures to ensure access to affordable health care services to 387 |
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485 | 485 | | purchasers of stop-loss insurance plans and such purchasers' enrollees 388 |
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486 | 486 | | in health coverage utilizing stop-loss insurance plans; (2) any financial 389 |
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487 | 487 | | impact that stop-loss insurance plans may have on (A) small groups in 390 |
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488 | 488 | | this state, (B) enrollees and such enrollees' family members, and (C) the 391 |
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489 | 489 | | fully insured health insurance market in this state; (3) the appropriate 392 |
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490 | 490 | | role of stop-loss insurance plans in this state; and (4) consumer 393 |
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491 | 491 | | protections for small groups, such small groups' enrollees and such 394 |
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492 | 492 | | enrollees' family members covered by stop-loss insurance plans in this 395 |
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493 | 493 | | state. 396 |
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494 | 494 | | (d) The task force shall consist of the following members: 397 |
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495 | 495 | | (1) Two appointed by the speaker of the House of Representatives, 398 |
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496 | 496 | | one of whom shall be a representative of a small group in this state 399 |
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497 | 497 | | utilizing a stop-loss insurance plan, and one of whom shall be a 400 |
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498 | 498 | | representative of a small group in this state offering health coverage that 401 |
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499 | 499 | | does not utilize a stop-loss insurance plan; 402 |
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500 | 500 | | (2) Two appointed by the president pro tempore of the Senate, one of 403 |
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501 | 501 | | whom shall have experience in managing employee benefits and be 404 |
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502 | 502 | | knowledgeable with respect to stop-loss insurance in this state, and one 405 |
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503 | 503 | | of whom shall be an insurance producer licensed in this state and be 406 |
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504 | 504 | | knowledgeable with respect to stop-loss insurance in this state; 407 Substitute Bill No. 6710 |
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505 | 505 | | |
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510 | 510 | | |
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511 | 511 | | (3) One appointed by the majority leader of the House of 408 |
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512 | 512 | | Representatives, who shall be a physician licensed pursuant to chapter 409 |
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513 | 513 | | 370 of the general statutes; 410 |
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514 | 514 | | (4) One appointed by the majority leader of the Senate, who shall be 411 |
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515 | 515 | | a representative of an advocacy organization focused on health equity; 412 |
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516 | 516 | | (5) One appointed by the minority leader of the House of 413 |
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517 | 517 | | Representatives, who shall be a representative of the Connecticut 414 |
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518 | 518 | | Association of Health Plans; 415 |
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519 | 519 | | (6) One appointed by the minority leader of the Senate, who shall be 416 |
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520 | 520 | | a representative of the Connecticut Business and Industry Association; 417 |
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521 | 521 | | (7) The Healthcare Advocate, or the Healthcare Advocate's designee; 418 |
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522 | 522 | | and 419 |
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523 | 523 | | (8) Three persons appointed by the Governor, one of whom shall be 420 |
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524 | 524 | | a representative of a labor organization, one of whom shall be a 421 |
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525 | 525 | | representative of an insurance carrier licensed to issue stop-loss 422 |
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526 | 526 | | insurance plans in this state and one of whom shall be a representative 423 |
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527 | 527 | | of a consumer advocacy organization. 424 |
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528 | 528 | | (e) All initial appointments to the task force shall be made not later 425 |
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529 | 529 | | than thirty days after the effective date of this section. Any vacancy shall 426 |
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530 | 530 | | be filled by the appointing authority. 427 |
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531 | 531 | | (f) The members of the task force shall select one or two chairpersons 428 |
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532 | 532 | | of the task force from among the members of the task force. Such 429 |
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533 | 533 | | chairperson or chairpersons shall schedule the first meeting of the task 430 |
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534 | 534 | | force, which shall be held not later than sixty days after the effective date 431 |
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535 | 535 | | of this section. 432 |
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536 | 536 | | (g) The administrative staff of the joint standing committee of the 433 |
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537 | 537 | | General Assembly having cognizance of matters relating to insurance 434 |
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538 | 538 | | shall serve as administrative staff of the task force. 435 Substitute Bill No. 6710 |
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539 | 539 | | |
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540 | 540 | | |
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544 | 544 | | |
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545 | 545 | | (h) Not later than February 1, 2024, the task force shall submit a report 436 |
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546 | 546 | | on its findings and recommendations to the joint standing committee of 437 |
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547 | 547 | | the General Assembly having cognizance of matters relating to 438 |
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548 | 548 | | insurance, in accordance with the provisions of section 11-4a of the 439 |
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549 | 549 | | general statutes. The task force shall terminate on the date that it 440 |
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550 | 550 | | submits such report or February 1, 2024, whichever is later. 441 |
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551 | 551 | | This act shall take effect as follows and shall amend the following |
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552 | 552 | | sections: |
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553 | 553 | | |
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554 | 554 | | Section 1 October 1, 2023 New section |
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555 | 555 | | Sec. 2 October 1, 2023 New section |
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556 | 556 | | Sec. 3 October 1, 2023 New section |
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557 | 557 | | Sec. 4 October 1, 2023 38a-567 |
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558 | 558 | | Sec. 5 from passage New section |
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559 | 559 | | |
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