Connecticut 2023 Regular Session

Connecticut Senate Bill SB01039 Compare Versions

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7+General Assembly Substitute Bill No. 1039
8+January Session, 2023
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4-Substitute Senate Bill No. 1039
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6-Public Act No. 23-127
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914 AN ACT CONCERNING THE INSURANCE DEPARTMENT'S
10-RECOMMENDATIONS REGARDING FINANCIAL REGULATION,
11-LIFE INSURANCE AND INSURANCE LICENSING REQUIREMENTS
12-AND TECHNICAL CORRECTIONS AND REVISIONS TO THE LIFE
13-AND HEALTH INSURANCE STATUTES.
15+RECOMMENDATIONS REGARDING FINANCIAL REGULATION, LIFE
16+INSURANCE AND INSURANCE LICENSING REQUIREMENTS AND
17+TECHNICAL CORRECTIONS TO THE LIFE AND HEALTH INSURANCE
18+STATUTES.
1419 Be it enacted by the Senate and House of Representatives in General
1520 Assembly convened:
1621
17-Section 1. Section 38a-11 of the general statutes is repealed and the
18-following is substituted in lieu thereof (Effective October 1, 2023):
19-(a) The commissioner shall demand and receive the following fees:
20-(1) For the annual fee for each license issued to a domestic insurance
21-company, two hundred dollars; (2) for receiving and filing annual
22-reports of domestic insurance companies, fifty dollars; (3) for filing all
23-documents prerequisite to the issuance of a license to an insurance
24-company, two hundred twenty dollars, except that the fee for such
25-filings by any health care center, as defined in section 38a-175, shall be
26-one thousand three hundred fifty dollars; (4) for filing any additional
27-paper required by law, thirty dollars; (5) for each certificate of valuation,
28-organization, reciprocity or compliance, forty dollars; (6) for each
29-certified copy of a license to a company, forty dollars; (7) for each
30-certified copy of a report or certificate of condition of a company to be
31-filed in any other state, forty dollars; (8) for amending a certificate of
32-authority, two hundred dollars; (9) for each license issued to a rating Substitute Senate Bill No. 1039
22+Section 1. Section 38a-11 of the general statutes is repealed and the 1
23+following is substituted in lieu thereof (Effective October 1, 2023): 2
24+(a) The commissioner shall demand and receive the following fees: 3
25+(1) For the annual fee for each license issued to a domestic insurance 4
26+company, two hundred dollars; (2) for receiving and filing annual 5
27+reports of domestic insurance companies, fifty dollars; (3) for filing all 6
28+documents prerequisite to the issuance of a license to an insurance 7
29+company, two hundred twenty dollars, except that the fee for such 8
30+filings by any health care center, as defined in section 38a-175, shall be 9
31+one thousand three hundred fifty dollars; (4) for filing any additional 10
32+paper required by law, thirty dollars; (5) for each certificate of valuation, 11
33+organization, reciprocity or compliance, forty dollars; (6) for each 12
34+certified copy of a license to a company, forty dollars; (7) for each 13
35+certified copy of a report or certificate of condition of a company to be 14
36+filed in any other state, forty dollars; (8) for amending a certificate of 15
37+authority, two hundred dollars; (9) for each license issued to a rating 16 Substitute Bill No. 1039
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3539
36-organization, two hundred dollars. In addition, insurance companies
37-shall pay any fees imposed under section 12-211; (10) a filing fee of fifty
38-dollars for each initial application for a license made pursuant to section
39-38a-769, as amended by this act; (11) with respect to insurance agents'
40-appointments: (A) A filing fee of fifty dollars for each request for any
41-agent appointment, except that no filing fee shall be payable for a
42-request for agent appointment by an insurance company domiciled in a
43-state or foreign country which does not require any filing fee for a
44-request for agent appointment for a Connecticut insurance company; (B)
45-a fee of one hundred dollars for each appointment issued to an agent of
46-a domestic insurance company or for each appointment continued; and
47-(C) a fee of eighty dollars for each appointment issued to an agent of any
48-other insurance company or for each appointment continued, except
49-that (i) no fee shall be payable for an appointment issued to an agent of
50-an insurance company domiciled in a state or foreign country which
51-does not require any fee for an appointment issued to an agent of a
52-Connecticut insurance company, and (ii) the fee shall be twenty dollars
53-for each appointment issued or continued to an agent of an insurance
54-company domiciled in a state or foreign country with a premium tax
55-rate below Connecticut's premium tax rate; (12) with respect to
56-insurance producers: (A) An examination fee of fifteen dollars for each
57-examination taken, except when a testing service is used, the testing
58-service shall pay a fee of fifteen dollars to the commissioner for each
59-examination taken by an applicant; (B) a fee of eighty dollars for each
60-license issued; (C) a fee of eighty dollars per year, or any portion thereof,
61-for each license renewed; and (D) a fee of eighty dollars for any license
62-renewed under the transitional process established in section 38a-784;
63-(13) with respect to public adjusters: (A) An examination fee of fifteen
64-dollars for each examination taken, except when a testing service is
65-used, the testing service shall pay a fee of fifteen dollars to the
66-commissioner for each examination taken by an applicant; and (B) a fee
67-of two hundred fifty dollars for each license issued or renewed; (14) with
68-respect to casualty claims adjusters: (A) An examination fee of twenty Substitute Senate Bill No. 1039
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44+organization, two hundred dollars. In addition, insurance companies 17
45+shall pay any fees imposed under section 12-211; (10) a filing fee of fifty 18
46+dollars for each initial application for a license made pursuant to section 19
47+38a-769, as amended by this act; (11) with respect to insurance agents' 20
48+appointments: (A) A filing fee of fifty dollars for each request for any 21
49+agent appointment, except that no filing fee shall be payable for a 22
50+request for agent appointment by an insurance company domiciled in a 23
51+state or foreign country which does not require any filing fee for a 24
52+request for agent appointment for a Connecticut insurance company; (B) 25
53+a fee of one hundred dollars for each appointment issued to an agent of 26
54+a domestic insurance company or for each appointment continued; and 27
55+(C) a fee of eighty dollars for each appointment issued to an agent of any 28
56+other insurance company or for each appointment continued, except 29
57+that (i) no fee shall be payable for an appointment issued to an agent of 30
58+an insurance company domiciled in a state or foreign country which 31
59+does not require any fee for an appointment issued to an agent of a 32
60+Connecticut insurance company, and (ii) the fee shall be twenty dollars 33
61+for each appointment issued or continued to an agent of an insurance 34
62+company domiciled in a state or foreign country with a premium tax 35
63+rate below Connecticut's premium tax rate; (12) with respect to 36
64+insurance producers: (A) An examination fee of fifteen dollars for each 37
65+examination taken, except when a testing service is used, the testing 38
66+service shall pay a fee of fifteen dollars to the commissioner for each 39
67+examination taken by an applicant; (B) a fee of eighty dollars for each 40
68+license issued; (C) a fee of eighty dollars per year, or any portion thereof, 41
69+for each license renewed; and (D) a fee of eighty dollars for any license 42
70+renewed under the transitional process established in section 38a-784; 43
71+(13) with respect to public adjusters: (A) An examination fee of fifteen 44
72+dollars for each examination taken, except when a testing service is 45
73+used, the testing service shall pay a fee of fifteen dollars to the 46
74+commissioner for each examination taken by an applicant; and (B) a fee 47
75+of two hundred fifty dollars for each license issued or renewed; (14) with 48
76+respect to casualty claims adjusters: (A) An examination fee of twenty 49
77+dollars for each examination taken, except when a testing service is 50
78+used, the testing service shall pay a fee of twenty dollars to the 51 Substitute Bill No. 1039
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72-dollars for each examination taken, except when a testing service is
73-used, the testing service shall pay a fee of twenty dollars to the
74-commissioner for each examination taken by an applicant; (B) a fee of
75-eighty dollars for each license issued or renewed; and (C) the expense of
76-any examination administered outside the state shall be the
77-responsibility of the entity making the request and such entity shall pay
78-to the commissioner two hundred dollars for such examination and the
79-actual traveling expenses of the examination administrator to
80-administer such examination; (15) with respect to motor vehicle
81-physical damage appraisers: (A) An examination fee of eighty dollars
82-for each examination taken, except when a testing service is used, the
83-testing service shall pay a fee of eighty dollars to the commissioner for
84-each examination taken by an applicant; (B) a fee of eighty dollars for
85-each license issued or renewed; and (C) the expense of any examination
86-administered outside the state shall be the responsibility of the entity
87-making the request and such entity shall pay to the commissioner two
88-hundred dollars for such examination and the actual traveling expenses
89-of the examination administrator to administer such examination; (16)
90-with respect to certified insurance consultants: (A) An examination fee
91-of twenty-six dollars for each examination taken, except when a testing
92-service is used, the testing service shall pay a fee of twenty-six dollars to
93-the commissioner for each examination taken by an applicant; (B) a fee
94-of two hundred fifty dollars for each license issued; and (C) a fee of two
95-hundred fifty dollars for each license renewed; (17) with respect to
96-surplus lines brokers: (A) An examination fee of twenty dollars for each
97-examination taken, except when a testing service is used, the testing
98-service shall pay a fee of twenty dollars to the commissioner for each
99-examination taken by an applicant; and (B) a fee of six hundred twenty-
100-five dollars for each license issued or renewed; (18) with respect to
101-fraternal agents, a fee of eighty dollars for each license issued or
102-renewed; (19) a fee of twenty-six dollars for each license certificate
103-requested, whether or not a license has been issued; (20) with respect to
104-domestic and foreign benefit societies shall pay: (A) For service of Substitute Senate Bill No. 1039
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108-process, fifty dollars for each person or insurer to be served; (B) for filing
109-a certified copy of its charter or articles of association, fifteen dollars; (C)
110-for filing an annual statement or report, twenty dollars; and (D) for filing
111-any additional paper required by law, fifteen dollars; (21) with respect
112-to foreign benefit societies: (A) For each certificate of organization or
113-compliance, fifteen dollars; (B) for each certified copy of permit, fifteen
114-dollars; and (C) for each copy of a report or certificate of condition of a
115-society to be filed in any other state, fifteen dollars; (22) with respect to
116-reinsurance intermediaries, a fee of six hundred twenty-five dollars for
117-each license issued or renewed; (23) with respect to life settlement
118-providers: (A) A filing fee of twenty-six dollars for each initial
119-application for a license made pursuant to section 38a-465a; and (B) a
120-fee of forty dollars for each license issued or renewed; (24) with respect
121-to life settlement brokers: (A) A filing fee of twenty-six dollars for each
122-initial application for a license made pursuant to section 38a-465a; and
123-(B) a fee of forty dollars for each license issued or renewed; (25) with
124-respect to preferred provider networks, a fee of two thousand seven
125-hundred fifty dollars for each license issued or renewed; (26) with
126-respect to rental companies, as defined in section 38a-799, a fee of eighty
127-dollars for each permit issued or renewed; (27) with respect to medical
128-discount plan organizations licensed under section 38a-479rr, a fee of six
129-hundred twenty-five dollars for each license issued or renewed; (28)
130-with respect to pharmacy benefits managers, an application fee of one
131-hundred dollars for each registration issued or renewed; (29) with
132-respect to captive insurance companies, as defined in section 38a-91aa,
133-a fee of three hundred seventy-five dollars for each license issued or
134-renewed; (30) with respect to each duplicate license issued a fee of fifty
135-dollars for each license issued; (31) with respect to surety bail bond
136-agents, as defined in section 38a-660, (A) a filing fee of one hundred fifty
137-dollars for each initial application for a license, and (B) a fee of one
138-hundred dollars for each license issued or renewed; (32) with respect to
139-third-party administrators, as defined in section 38a-720, (A) a fee of five
140-hundred dollars for each license issued, and (B) a fee of four hundred Substitute Senate Bill No. 1039
85+commissioner for each examination taken by an applicant; (B) a fee of 52
86+eighty dollars for each license issued or renewed; and (C) the expense of 53
87+any examination administered outside the state shall be the 54
88+responsibility of the entity making the request and such entity shall pay 55
89+to the commissioner two hundred dollars for such examination and the 56
90+actual traveling expenses of the examination administrator to 57
91+administer such examination; (15) with respect to motor vehicle 58
92+physical damage appraisers: (A) An examination fee of eighty dollars 59
93+for each examination taken, except when a testing service is used, the 60
94+testing service shall pay a fee of eighty dollars to the commissioner for 61
95+each examination taken by an applicant; (B) a fee of eighty dollars for 62
96+each license issued or renewed; and (C) the expense of any examination 63
97+administered outside the state shall be the responsibility of the entity 64
98+making the request and such entity shall pay to the commissioner two 65
99+hundred dollars for such examination and the actual traveling expenses 66
100+of the examination administrator to administer such examination; (16) 67
101+with respect to certified insurance consultants: (A) An examination fee 68
102+of twenty-six dollars for each examination taken, except when a testing 69
103+service is used, the testing service shall pay a fee of twenty-six dollars to 70
104+the commissioner for each examination taken by an applicant; (B) a fee 71
105+of two hundred fifty dollars for each license issued; and (C) a fee of two 72
106+hundred fifty dollars for each license renewed; (17) with respect to 73
107+surplus lines brokers: (A) An examination fee of twenty dollars for each 74
108+examination taken, except when a testing service is used, the testing 75
109+service shall pay a fee of twenty dollars to the commissioner for each 76
110+examination taken by an applicant; and (B) a fee of six hundred twenty-77
111+five dollars for each license issued or renewed; (18) with respect to 78
112+fraternal agents, a fee of eighty dollars for each license issued or 79
113+renewed; (19) a fee of twenty-six dollars for each license certificate 80
114+requested, whether or not a license has been issued; (20) with respect to 81
115+domestic and foreign benefit societies shall pay: (A) For service of 82
116+process, fifty dollars for each person or insurer to be served; (B) for filing 83
117+a certified copy of its charter or articles of association, fifteen dollars; (C) 84
118+for filing an annual statement or report, twenty dollars; and (D) for filing 85
119+any additional paper required by law, fifteen dollars; (21) with respect 86 Substitute Bill No. 1039
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144-fifty dollars for each license renewed; (33) with respect to portable
145-electronics insurance licenses under section 38a-397, (A) a filing fee of
146-one hundred dollars for each initial application for a license, (B) a fee of
147-five hundred dollars for each license issued, and (C) a fee of four
148-hundred fifty dollars for each license renewed; [and] (34) with respect
149-to limited lines travel insurance producer licenses under section 38a-398,
150-(A) a filing fee of one hundred dollars for each initial application for a
151-license, (B) a fee of six hundred fifty dollars for each license issued, and
152-(C) a fee of six hundred fifty dollars for each license renewed; (35) with
153-respect to certified reinsurers, as certified by the commissioner pursuant
154-to regulations adopted pursuant to section 38a-85, a fee of two thousand
155-dollars for each certificate issued and renewed; and (36) with respect to
156-reciprocal jurisdiction reinsurers, as defined in regulations adopted
157-pursuant to section 38a-85, a fee of two thousand dollars for each
158-certificate issued and renewed.
159-(b) If any state imposes fees upon domestic fraternal benefit societies
160-greater than are fixed by this section or sections 38a-595 to 38a-626,
161-inclusive, 38a-631 to 38a-640, inclusive, or 38a-800, the commissioner
162-shall collect from each fraternal benefit society incorporated by or
163-organized under the laws of such other state and admitted to transact
164-business in this state, the same fees as are imposed upon similar
165-domestic societies and organizations by such other state. The expense of
166-any examination or inquiry made outside the state shall be borne by the
167-society so examined.
168-(c) Each unauthorized insurer declared to be an eligible surplus lines
169-insurer shall pay to the Insurance Commissioner, on or before May first
170-of each year, an annual fee of one hundred twenty-six dollars in order
171-to remain on the list of eligible surplus lines insurers.
172-(d) For service of process on the commissioner, the commissioner
173-shall demand and receive a fee of fifty dollars for each person or insurer
174-to be served. The commissioner shall also collect, for each hospital or Substitute Senate Bill No. 1039
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126+to foreign benefit societies: (A) For each certificate of organization or 87
127+compliance, fifteen dollars; (B) for each certified copy of permit, fifteen 88
128+dollars; and (C) for each copy of a report or certificate of condition of a 89
129+society to be filed in any other state, fifteen dollars; (22) with respect to 90
130+reinsurance intermediaries, a fee of six hundred twenty-five dollars for 91
131+each license issued or renewed; (23) with respect to life settlement 92
132+providers: (A) A filing fee of twenty-six dollars for each initial 93
133+application for a license made pursuant to section 38a-465a; and (B) a 94
134+fee of forty dollars for each license issued or renewed; (24) with respect 95
135+to life settlement brokers: (A) A filing fee of twenty-six dollars for each 96
136+initial application for a license made pursuant to section 38a-465a; and 97
137+(B) a fee of forty dollars for each license issued or renewed; (25) with 98
138+respect to preferred provider networks, a fee of two thousand seven 99
139+hundred fifty dollars for each license issued or renewed; (26) with 100
140+respect to rental companies, as defined in section 38a-799, a fee of eighty 101
141+dollars for each permit issued or renewed; (27) with respect to medical 102
142+discount plan organizations licensed under section 38a-479rr, a fee of six 103
143+hundred twenty-five dollars for each license issued or renewed; (28) 104
144+with respect to pharmacy benefits managers, an application fee of one 105
145+hundred dollars for each registration issued or renewed; (29) with 106
146+respect to captive insurance companies, as defined in section 38a-91aa, 107
147+a fee of three hundred seventy-five dollars for each license issued or 108
148+renewed; (30) with respect to each duplicate license issued a fee of fifty 109
149+dollars for each license issued; (31) with respect to surety bail bond 110
150+agents, as defined in section 38a-660, (A) a filing fee of one hundred fifty 111
151+dollars for each initial application for a license, and (B) a fee of one 112
152+hundred dollars for each license issued or renewed; (32) with respect to 113
153+third-party administrators, as defined in section 38a-720, (A) a fee of five 114
154+hundred dollars for each license issued, and (B) a fee of four hundred 115
155+fifty dollars for each license renewed; (33) with respect to portable 116
156+electronics insurance licenses under section 38a-397, (A) a filing fee of 117
157+one hundred dollars for each initial application for a license, (B) a fee of 118
158+five hundred dollars for each license issued, and (C) a fee of four 119
159+hundred fifty dollars for each license renewed; [and] (34) with respect 120
160+to limited lines travel insurance producer licenses under section 38a-398, 121 Substitute Bill No. 1039
177161
178-ambulance lien filed, fifty dollars, and for each small claims notice filed,
179-fifteen dollars, each of which shall be paid by the plaintiff at the time of
180-service, the same to be recovered by him as part of the taxable costs if he
181-prevails in the suit.
182-(e) Each insurance company depositing any security with the
183-Treasurer pursuant to section 38a-83 shall pay to the commissioner three
184-hundred fifteen dollars, annually. In case of an examination or appraisal
185-made outside the office of the Treasurer, and in such case the company
186-in whose behalf such examination or appraisal has been made shall pay
187-to the commissioner two hundred dollars for such examination and the
188-actual traveling expenses of the officer making such examination or
189-appraisal.
190-(f) Notwithstanding any provision of the general statutes, the
191-commissioner may require that any person required by any provision
192-of this title to pay a fee to the commissioner pay such fee to the
193-commissioner by electronic means. Such person may submit a request
194-to the commissioner for an exception to the electronic fee requirement.
195-The commissioner shall grant such request for an exception, provided
196-the commissioner determines that (1) compliance with the electronic fee
197-requirement is impractical or reasonably causes such person to suffer
198-undue hardship, or (2) good cause exists to grant such requested
199-exception.
200-Sec. 2. Section 38a-769 of the general statutes is repealed and the
201-following is substituted in lieu thereof (Effective October 1, 2023):
202-(a) Any person, partnership, association or corporation that is
203-resident in this state, [or has its principal place of business in this state,]
204-or a nonresident of this state who is not licensed in any other state that
205-offers the type of license sought in this state and maintains a principal
206-place of business in this state, desiring to act within this state as a public
207-adjuster, casualty adjuster, motor vehicle physical damage appraiser, Substitute Senate Bill No. 1039
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211-certified insurance consultant, surplus lines broker or desiring to engage
212-in any insurance-related occupation for which a license is deemed
213-necessary by the commissioner, other than an occupation as an
214-insurance producer, shall make a written application to the
215-commissioner for a resident license. Any other person, partnership,
216-association or corporation desiring to so act or to engage in any
217-insurance-related occupation for which a license is deemed necessary
218-by the commissioner, other than an occupation as an insurance
219-producer, shall make a written application to the commissioner for a
220-nonresident license. [No]
221-(b) Except as provided in subsection (c) of this section, no application
222-for a nonresident license shall be granted unless the applicant holds an
223-equivalent license from any other state. Any application for a resident
224-or nonresident license shall be made for each name or designation under
225-which such business shall be conducted, in such form as the
226-commissioner prescribes, stating the line or lines of insurance for which
227-the applicant desires such license and any other business which the
228-applicant desires also to transact. All initial applications shall be
229-accompanied by a nonrefundable filing fee specified in section 38a-11.
230-The commissioner shall cause to be made such inquiry and examination
231-as to the qualifications of each such applicant as the commissioner
232-deems necessary.
233-(c) Any person, partnership, association or corporation residing in a
234-state that does not offer the type of license sought by such person,
235-partnership, association or corporation in this state may make a written
236-application to the commissioner for a nonresident license and designate
237-this state as such person's, association's or corporation's home state.
238-[(b)] (d) Each application for a license shall be signed by: The
239-applicant, if the application is for an individual; a licensed officer, if the
240-application is for a corporation; a licensed partner, if the application is
241-for a partnership; and a licensed principal, if the application is for any Substitute Senate Bill No. 1039
167+(A) a filing fee of one hundred dollars for each initial application for a 122
168+license, (B) a fee of six hundred fifty dollars for each license issued, and 123
169+(C) a fee of six hundred fifty dollars for each license renewed; (35) with 124
170+respect to certified reinsurers, as certified by the commissioner pursuant 125
171+to section 38a-88-4a of the regulations of Connecticut state agencies, a 126
172+fee of two thousand dollars for each certificate issued and renewed; and 127
173+(36) with respect to reciprocal jurisdiction reinsurers, as defined in 128
174+section 38a-88-4b of the regulations of Connecticut state agencies, a fee 129
175+of two thousand dollars for each certificate issued and renewed. 130
176+(b) If any state imposes fees upon domestic fraternal benefit societies 131
177+greater than are fixed by this section or sections 38a-595 to 38a-626, 132
178+inclusive, 38a-631 to 38a-640, inclusive, or 38a-800, the commissioner 133
179+shall collect from each fraternal benefit society incorporated by or 134
180+organized under the laws of such other state and admitted to transact 135
181+business in this state, the same fees as are imposed upon similar 136
182+domestic societies and organizations by such other state. The expense of 137
183+any examination or inquiry made outside the state shall be borne by the 138
184+society so examined. 139
185+(c) Each unauthorized insurer declared to be an eligible surplus lines 140
186+insurer shall pay to the Insurance Commissioner, on or before May first 141
187+of each year, an annual fee of one hundred twenty-six dollars in order 142
188+to remain on the list of eligible surplus lines insurers. 143
189+(d) For service of process on the commissioner, the commissioner 144
190+shall demand and receive a fee of fifty dollars for each person or insurer 145
191+to be served. The commissioner shall also collect, for each hospital or 146
192+ambulance lien filed, fifty dollars, and for each small claims notice filed, 147
193+fifteen dollars, each of which shall be paid by the plaintiff at the time of 148
194+service, the same to be recovered by him as part of the taxable costs if he 149
195+prevails in the suit. 150
196+(e) Each insurance company depositing any security with the 151
197+Treasurer pursuant to section 38a-83 shall pay to the commissioner three 152
198+hundred fifteen dollars, annually. In case of an examination or appraisal 153 Substitute Bill No. 1039
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245-other applicant.
246-[(c)] (e) Each applicant for a license shall furnish satisfactory evidence
247-to the commissioner that the applicant is a person of good moral
248-character and that the applicant is financially responsible. In order to
249-determine the trustworthiness and competency of an applicant the
250-commissioner shall subject the applicant to personal written
251-examination as to the applicant's competency to act as a licensee for each
252-line of insurance for which the applicant desires to be licensed. The
253-commissioner may, at the commissioner's discretion, designate an
254-independent testing service to prepare and administer such
255-examination, provided any examination fees charged by such service
256-shall be paid by the applicant. The commissioner shall collect the
257-appropriate examination fee as specified in section 38a-11, as amended
258-by this act, which shall entitle the applicant to take the examination for
259-the license desired, except that when a testing service is used, the testing
260-service shall pay such fee to the commissioner for each examination
261-taken by an applicant. In either case, each such examination shall be as
262-the commissioner prescribes and shall be of sufficient scope to test the
263-applicant's knowledge of insurance, the duties and responsibilities of a
264-licensee and the laws of this state applicable to insurance. The
265-commissioner may require a waiting period not exceeding six months,
266-before reexamining any applicant who has failed to pass any such
267-examination.
268-[(d)] (f) Upon finding that an applicant meets the licensing
269-requirements of this title and is in all respects properly qualified and
270-trustworthy and that the granting of such license is not against the
271-public interest, the commissioner may issue to such applicant the license
272-applied for, in such form as the commissioner may adopt, to act within
273-this state to the extent therein specified.
274-[(e)] (g) The commissioner may adopt regulations, in accordance with
275-chapter 54, concerning the approval of schools offering courses in Substitute Senate Bill No. 1039
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205+made outside the office of the Treasurer, and in such case the company 154
206+in whose behalf such examination or appraisal has been made shall pay 155
207+to the commissioner two hundred dollars for such examination and the 156
208+actual traveling expenses of the officer making such examination or 157
209+appraisal. 158
210+(f) Notwithstanding any provision of the general statutes, the 159
211+commissioner may require that any person required by any provision 160
212+of this title to pay a fee to the commissioner pay such fee to the 161
213+commissioner by electronic means. Such person may submit a request 162
214+to the commissioner for an exception to the electronic fee requirement. 163
215+The commissioner shall grant such request for an exception, provided 164
216+the commissioner determines that (1) compliance with the electronic fee 165
217+requirement is impractical or reasonably causes such person to suffer 166
218+undue hardship, or (2) good cause exists to grant such requested 167
219+exception. 168
220+Sec. 2. Section 38a-769 of the general statutes is repealed and the 169
221+following is substituted in lieu thereof (Effective October 1, 2023): 170
222+(a) Any person, partnership, association or corporation that is 171
223+resident in this state, [or has its principal place of business in this state,] 172
224+or a nonresident of this state who is not licensed in any other state that 173
225+offers the type of license sought in this state and maintains a principal 174
226+place of business in this state, desiring to act within this state as a public 175
227+adjuster, casualty adjuster, motor vehicle physical damage appraiser, 176
228+certified insurance consultant, surplus lines broker or desiring to engage 177
229+in any insurance-related occupation for which a license is deemed 178
230+necessary by the commissioner, other than an occupation as an 179
231+insurance producer, shall make a written application to the 180
232+commissioner for a resident license. Any other person, partnership, 181
233+association or corporation desiring to so act or to engage in any 182
234+insurance-related occupation for which a license is deemed necessary 183
235+by the commissioner, other than an occupation as an insurance 184
236+producer, shall make a written application to the commissioner for a 185
237+nonresident license. [No] 186 Substitute Bill No. 1039
278238
279-insurance, the content of such courses and the advertising to the public
280-of the services of these schools.
281-[(f)] (h) To further the enforcement of this section and to determine
282-the eligibility of any licensee, the commissioner may, as often as the
283-commissioner deems necessary, examine the books and records of any
284-such licensee.
285-[(g)] (i) A license may, in the discretion of the commissioner, be
286-renewed or continued upon payment of the appropriate fee as specified
287-in section 38a-11, as amended by this act, without the resubmittal of the
288-detailed information required in the original application.
289-(j) The provisions of subsections (b) to (i), inclusive, of this section
290-shall be applicable to any licensee or applicant for a license, including,
291-but not limited to, such licensee engaged in, or such applicant who seeks
292-to become licensed to engage in, the occupation of insurance producer.
293-Sec. 3. Section 38a-489 of the general statutes is repealed and the
294-following is substituted in lieu thereof (Effective October 1, 2023):
295-(a) Each individual health insurance policy providing coverage of the
296-type specified in subdivisions (1), (2), (4), [(6),] (10), (11) and (12) of
297-section 38a-469, delivered, issued for delivery, renewed, amended or
298-continued in this state that provides that coverage of a dependent child
299-shall terminate upon attainment of the limiting age for dependent
300-children specified in the policy shall also provide in substance that
301-attainment of the limiting age shall not operate to terminate the
302-coverage of the child if at such date the child is and continues thereafter
303-to be both (1) incapable of self-sustaining employment by reason of
304-mental or physical handicap, as certified by the child's physician,
305-physician assistant or advanced practice registered nurse on a form
306-provided by the insurer, hospital service corporation, medical service
307-corporation or health care center, and (2) chiefly dependent upon the Substitute Senate Bill No. 1039
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311-policyholder or subscriber for support and maintenance.
312-(b) Proof of the incapacity and dependency shall be furnished to the
313-insurer, hospital service corporation, medical service corporation or
314-health care center by the policyholder or subscriber within thirty-one
315-days of the child's attainment of the limiting age. The insurer,
316-corporation or health care center may at any time require proof of the
317-child's continuing incapacity and dependency. After a period of two
318-years has elapsed following the child's attainment of the limiting age the
319-insurer, corporation or health care center may require periodic proof of
320-the child's continuing incapacity and dependency but in no case more
321-frequently than once every year.
322-Sec. 4. Subsection (a) of section 38a-490 of the general statutes is
323-repealed and the following is substituted in lieu thereof (Effective October
324-1, 2023):
325-(a) Each individual health insurance policy delivered, issued for
326-delivery, renewed, amended or continued in this state providing
327-coverage of the type specified in subdivisions (1), (2), (4), [(6),] (10), (11)
328-and (12) of section 38a-469 for a family member of the insured or
329-subscriber shall, as to such family member's coverage, also provide that
330-the health insurance benefits applicable for children shall be payable
331-with respect to a newly born child of the insured or subscriber from the
332-moment of birth.
333-Sec. 5. Subsection (a) of section 38a-497 of the general statutes is
334-repealed and the following is substituted in lieu thereof (Effective October
335-1, 2023):
336-(a) Each individual health insurance policy providing coverage of the
337-type specified in subdivisions (1), (2), (4), [(6),] (10), (11) and (12) of
338-section 38a-469 delivered, issued for delivery, amended, renewed or
339-continued in this state shall provide that coverage of a child, stepchild Substitute Senate Bill No. 1039
244+(b) Except as provided in subsection (c) of this section, no application 187
245+for a nonresident license shall be granted unless the applicant holds an 188
246+equivalent license from any other state. Any application for a resident 189
247+or nonresident license shall be made for each name or designation under 190
248+which such business shall be conducted, in such form as the 191
249+commissioner prescribes, stating the line or lines of insurance for which 192
250+the applicant desires such license and any other business which the 193
251+applicant desires also to transact. All initial applications shall be 194
252+accompanied by a nonrefundable filing fee specified in section 38a-11. 195
253+The commissioner shall cause to be made such inquiry and examination 196
254+as to the qualifications of each such applicant as the commissioner 197
255+deems necessary. 198
256+(c) Any person, partnership, association or corporation residing in a 199
257+state that does not offer the type of license sought by such person, 200
258+partnership, association or corporation in this state may make a written 201
259+application to the commissioner for a nonresident license and designate 202
260+this state as such person's, association's or corporation's home state. 203
261+[(b)] (d) Each application for a license shall be signed by: The 204
262+applicant, if the application is for an individual; a licensed officer, if the 205
263+application is for a corporation; a licensed partner, if the application is 206
264+for a partnership; and a licensed principal, if the application is for any 207
265+other applicant. 208
266+[(c)] (e) Each applicant for a license shall furnish satisfactory evidence 209
267+to the commissioner that the applicant is a person of good moral 210
268+character and that the applicant is financially responsible. In order to 211
269+determine the trustworthiness and competency of an applicant the 212
270+commissioner shall subject the applicant to personal written 213
271+examination as to the applicant's competency to act as a licensee for each 214
272+line of insurance for which the applicant desires to be licensed. The 215
273+commissioner may, at the commissioner's discretion, designate an 216
274+independent testing service to prepare and administer such 217
275+examination, provided any examination fees charged by such service 218
276+shall be paid by the applicant. The commissioner shall collect the 219 Substitute Bill No. 1039
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342278
343-or other dependent child shall terminate not earlier than the policy
344-anniversary date after the date on which the child, stepchild or other
345-dependent child attains the age of twenty-six.
346-Sec. 6. Subsection (a) of section 38a-508 of the general statutes is
347-repealed and the following is substituted in lieu thereof (Effective October
348-1, 2023):
349-(a) Each individual health insurance policy providing coverage of the
350-type specified in subdivisions (1), (2), (4), [(6),] (10), (11) and (12) of
351-section 38a-469 delivered, issued for delivery, amended, renewed or
352-continued in this state shall provide coverage for a child legally placed
353-for adoption with the insured or subscriber who is an adoptive parent
354-or a prospective adoptive parent, even though the adoption has not been
355-finalized, provided the child lives in the household of such insured or
356-subscriber and the child is dependent upon such person for support and
357-maintenance.
358-Sec. 7. Subsection (a) of section 38a-512b of the general statutes is
359-repealed and the following is substituted in lieu thereof (Effective October
360-1, 2023):
361-(a) Each group health insurance policy providing coverage of the type
362-specified in subdivisions (1), (2), (4), [(6),] (10), (11) and (12) of section
363-38a-469 delivered, issued for delivery, amended, renewed or continued
364-in this state shall provide that coverage of a child, stepchild or other
365-dependent child shall terminate not earlier than the policy anniversary
366-date after the date on which the child, stepchild or other dependent
367-child attains the age of twenty-six.
368-Sec. 8. Subsection (a) of section 38a-515 of the general statutes is
369-repealed and the following is substituted in lieu thereof (Effective October
370-1, 2023):
371-(a) Each group health insurance policy providing coverage of the type Substitute Senate Bill No. 1039
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283+appropriate examination fee as specified in section 38a-11, as amended 220
284+by this act, which shall entitle the applicant to take the examination for 221
285+the license desired, except that when a testing service is used, the testing 222
286+service shall pay such fee to the commissioner for each examination 223
287+taken by an applicant. In either case, each such examination shall be as 224
288+the commissioner prescribes and shall be of sufficient scope to test the 225
289+applicant's knowledge of insurance, the duties and responsibilities of a 226
290+licensee and the laws of this state applicable to insurance. The 227
291+commissioner may require a waiting period not exceeding six months, 228
292+before reexamining any applicant who has failed to pass any such 229
293+examination. 230
294+[(d)] (f) Upon finding that an applicant meets the licensing 231
295+requirements of this title and is in all respects properly qualified and 232
296+trustworthy and that the granting of such license is not against the 233
297+public interest, the commissioner may issue to such applicant the license 234
298+applied for, in such form as the commissioner may adopt, to act within 235
299+this state to the extent therein specified. 236
300+[(e)] (g) The commissioner may adopt regulations, in accordance with 237
301+chapter 54, concerning the approval of schools offering courses in 238
302+insurance, the content of such courses and the advertising to the public 239
303+of the services of these schools. 240
304+[(f)] (h) To further the enforcement of this section and to determine 241
305+the eligibility of any licensee, the commissioner may, as often as the 242
306+commissioner deems necessary, examine the books and records of any 243
307+such licensee. 244
308+[(g)] (i) A license may, in the discretion of the commissioner, be 245
309+renewed or continued upon payment of the appropriate fee as specified 246
310+in section 38a-11, as amended by this act, without the resubmittal of the 247
311+detailed information required in the original application. 248
312+(j) The provisions of subsections (b) to (i), inclusive, of this section 249
313+shall be applicable to any licensee or applicant for a license, including, 250 Substitute Bill No. 1039
374314
375-specified in subdivisions (1), (2), (4), [(6),] (11) and (12) of section 38a-
376-469 delivered, issued for delivery, renewed, amended or continued in
377-this state that provides that coverage of a dependent child of an
378-employee or other member of the covered group shall terminate upon
379-attainment of the limiting age for dependent children specified in the
380-policy shall also provide in substance that attainment of the limiting age
381-shall not operate to terminate the coverage of the child if at such date
382-the child is and continues thereafter to be both (1) incapable of self-
383-sustaining employment by reason of mental or physical handicap, as
384-certified by the child's physician, physician assistant or advanced
385-practice registered nurse on a form provided by the insurer, hospital
386-service corporation, medical service corporation or health care center,
387-and (2) chiefly dependent upon such employee or member for support
388-and maintenance.
389-Sec. 9. Subsection (a) of section 38a-516 of the general statutes is
390-repealed and the following is substituted in lieu thereof (Effective October
391-1, 2023):
392-(a) Each group health insurance policy delivered, issued for delivery,
393-renewed, amended or continued in this state providing coverage of the
394-type specified in subdivisions (1), (2), (4), [(6),] (11) and (12) of section
395-38a-469 for a family member of the insured or subscriber shall, as to such
396-family member's coverage, also provide that the health insurance
397-benefits applicable for children shall be payable with respect to a newly
398-born child of the insured or subscriber from the moment of birth.
399-Sec. 10. Subsection (a) of section 38a-549 of the general statutes is
400-repealed and the following is substituted in lieu thereof (Effective October
401-1, 2023):
402-(a) Each group health insurance policy providing coverage of the type
403-specified in subdivisions (1), (2), (4), [(6),] (10), (11) and (12) of section
404-38a-469 delivered, issued for delivery, amended, renewed or continued Substitute Senate Bill No. 1039
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408-in this state shall provide coverage for a child legally placed for
409-adoption with an employee or other member of the covered group who
410-is an adoptive parent or a prospective adoptive parent, even though the
411-adoption has not been finalized, provided the child lives in the
412-household of such employee or member and the child is dependent
413-upon such employee or member for support and maintenance.
414-Sec. 11. Section 38a-509 of the general statutes is repealed and the
415-following is substituted in lieu thereof (Effective October 1, 2023):
416-(a) Subject to the limitations set forth in subsection (b) of this section
417-and except as provided in subsection (c) of this section, each individual
418-health insurance policy providing coverage of the type specified in
419-subdivisions (1), (2), (4), (11) and (12) of section 38a-469 delivered,
420-issued for delivery, amended, renewed or continued in this state on or
421-after January 1, 2018, shall provide coverage for the medically necessary
422-expenses [of] for the diagnosis and treatment of infertility, including,
423-but not limited to, ovulation induction, intrauterine insemination, in-
424-vitro fertilization, uterine embryo lavage, embryo transfer, gamete intra-
425-fallopian transfer, zygote intra-fallopian transfer and low tubal ovum
426-transfer. For purposes of this section, "infertility" means the condition of
427-an individual who is unable to conceive or produce conception or
428-sustain a successful pregnancy during a one-year period or such
429-treatment is medically necessary.
430-(b) Such policy may:
431-[(1) Limit such coverage to an individual until the date of such
432-individual's fortieth birthday;]
433-[(2)] (1) Limit such coverage for ovulation induction to a lifetime
434-maximum benefit of four cycles;
435-[(3)] (2) Limit such coverage for intrauterine insemination to a
436-lifetime maximum benefit of three cycles; Substitute Senate Bill No. 1039
320+but not limited to, such licensee engaged in, or such applicant who seeks 251
321+to become licensed to engage in, the occupation of insurance producer. 252
322+Sec. 3. Section 38a-489 of the general statutes is repealed and the 253
323+following is substituted in lieu thereof (Effective October 1, 2023): 254
324+(a) Each individual health insurance policy providing coverage of the 255
325+type specified in subdivisions (1), (2), (4), [(6),] (10), (11) and (12) of 256
326+section 38a-469, delivered, issued for delivery, renewed, amended or 257
327+continued in this state that provides that coverage of a dependent child 258
328+shall terminate upon attainment of the limiting age for dependent 259
329+children specified in the policy shall also provide in substance that 260
330+attainment of the limiting age shall not operate to terminate the 261
331+coverage of the child if at such date the child is and continues thereafter 262
332+to be both (1) incapable of self-sustaining employment by reason of 263
333+mental or physical handicap, as certified by the child's physician, 264
334+physician assistant or advanced practice registered nurse on a form 265
335+provided by the insurer, hospital service corporation, medical service 266
336+corporation or health care center, and (2) chiefly dependent upon the 267
337+policyholder or subscriber for support and maintenance. 268
338+(b) Proof of the incapacity and dependency shall be furnished to the 269
339+insurer, hospital service corporation, medical service corporation or 270
340+health care center by the policyholder or subscriber within thirty-one 271
341+days of the child's attainment of the limiting age. The insurer, 272
342+corporation or health care center may at any time require proof of the 273
343+child's continuing incapacity and dependency. After a period of two 274
344+years has elapsed following the child's attainment of the limiting age the 275
345+insurer, corporation or health care center may require periodic proof of 276
346+the child's continuing incapacity and dependency but in no case more 277
347+frequently than once every year. 278
348+Sec. 4. Subsection (a) of section 38a-490 of the general statutes is 279
349+repealed and the following is substituted in lieu thereof (Effective October 280
350+1, 2023): 281 Substitute Bill No. 1039
437351
438-Public Act No. 23-127 14 of 19
439352
440-[(4)] (3) Limit such coverage for lifetime benefits to a maximum of
441-two cycles, with not more than two embryo implantations per cycle, for
442-in-vitro fertilization, gamete intra-fallopian transfer, zygote intra-
443-fallopian transfer or low tubal ovum transfer, provided each such
444-fertilization or transfer shall be credited toward such maximum as one
445-cycle;
446-[(5)] (4) Limit coverage for in-vitro fertilization, gamete intra-
447-fallopian transfer, zygote intra-fallopian transfer and low tubal ovum
448-transfer to those individuals who have been unable to conceive or
449-produce conception or sustain a successful pregnancy through less
450-expensive and medically viable infertility treatment or procedures
451-covered under such policy. Nothing in this subdivision shall be
452-construed to deny the coverage required by this section to any
453-individual who foregoes a particular infertility treatment or procedure
454-if the individual's physician determines that such treatment or
455-procedure is likely to be unsuccessful; and
456-[(6)] (5) Require that covered infertility treatment or procedures be
457-performed at facilities that conform to the standards and guidelines
458-developed by the American Society of Reproductive Medicine or the
459-Society of Reproductive Endocrinology and Infertility. [;]
460-[(7) Limit coverage to individuals who have maintained coverage
461-under such policy for at least twelve months; and
462-(8) Require disclosure by the individual seeking such coverage to
463-such individual's existing health insurance carrier of any previous
464-infertility treatment or procedures for which such individual received
465-coverage under a different health insurance policy. Such disclosure shall
466-be made on a form and in the manner prescribed by the Insurance
467-Commissioner.]
468-(c) (1) Any insurance company, hospital service corporation, medical Substitute Senate Bill No. 1039
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357+(a) Each individual health insurance policy delivered, issued for 282
358+delivery, renewed, amended or continued in this state providing 283
359+coverage of the type specified in subdivisions (1), (2), (4), [(6),] (10), (11) 284
360+and (12) of section 38a-469 for a family member of the insured or 285
361+subscriber shall, as to such family member's coverage, also provide that 286
362+the health insurance benefits applicable for children shall be payable 287
363+with respect to a newly born child of the insured or subscriber from the 288
364+moment of birth. 289
365+Sec. 5. Subsection (a) of section 38a-497 of the general statutes is 290
366+repealed and the following is substituted in lieu thereof (Effective October 291
367+1, 2023): 292
368+(a) Each individual health insurance policy providing coverage of the 293
369+type specified in subdivisions (1), (2), (4), [(6),] (10), (11) and (12) of 294
370+section 38a-469 delivered, issued for delivery, amended, renewed or 295
371+continued in this state shall provide that coverage of a child, stepchild 296
372+or other dependent child shall terminate not earlier than the policy 297
373+anniversary date after the date on which the child, stepchild or other 298
374+dependent child attains the age of twenty-six. 299
375+Sec. 6. Subsection (a) of section 38a-508 of the general statutes is 300
376+repealed and the following is substituted in lieu thereof (Effective October 301
377+1, 2023): 302
378+(a) Each individual health insurance policy providing coverage of the 303
379+type specified in subdivisions (1), (2), (4), [(6),] (10), (11) and (12) of 304
380+section 38a-469 delivered, issued for delivery, amended, renewed or 305
381+continued in this state shall provide coverage for a child legally placed 306
382+for adoption with the insured or subscriber who is an adoptive parent 307
383+or a prospective adoptive parent, even though the adoption has not been 308
384+finalized, provided the child lives in the household of such insured or 309
385+subscriber and the child is dependent upon such person for support and 310
386+maintenance. 311
387+Sec. 7. Subsection (a) of section 38a-512b of the general statutes is 312 Substitute Bill No. 1039
471388
472-service corporation or health care center may issue to a religious
473-employer an individual health insurance policy that excludes coverage
474-for methods of diagnosis and treatment of infertility that are contrary to
475-the religious employer's bona fide religious tenets.
476-(2) Upon the written request of an individual who states in writing
477-that methods of diagnosis and treatment of infertility are contrary to
478-such individual's religious or moral beliefs, any insurance company,
479-hospital service corporation, medical service corporation or health care
480-center may issue to or on behalf of the individual a policy or rider
481-thereto that excludes coverage for such methods.
482-(d) Any health insurance policy issued pursuant to subsection (c) of
483-this section shall provide written notice to each insured or prospective
484-insured that methods of diagnosis and treatment of infertility are
485-excluded from coverage pursuant to said subsection. Such notice shall
486-appear, in not less than ten-point type, in the policy, application and
487-sales brochure for such policy.
488-(e) As used in this section, "religious employer" means an employer
489-that is a "qualified church-controlled organization", as defined in 26 USC
490-3121 or a church-affiliated organization.
491-(f) Except as provided in subsections (c) to (e), inclusive, of this
492-section, no individual health insurance policy providing coverage of the
493-type specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469
494-delivered, issued for delivery, amended, renewed or continued in this
495-state on or after January 1, 2024, may make any distinction or
496-discrimination between persons on the basis of gender identity or
497-expression, sexual orientation or age with respect to health insurance
498-coverage for the medically necessary expenses for the diagnosis and
499-treatment of infertility, except that such policy may consider age as a
500-factor on the basis of a determination of medical necessity, using
501-professional guidelines published by the American Society for Substitute Senate Bill No. 1039
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505-Reproductive Medicine, its successor organization or a comparable
506-organization. For purposes of this subsection, "gender identity or
507-expression" has the same meaning as provided in section 1-1n.
508-Sec. 12. Section 38a-536 of the general statutes is repealed and the
509-following is substituted in lieu thereof (Effective October 1, 2023):
510-(a) Subject to the limitations set forth in subsection (b) of this section
511-and except as provided in subsection (c) of this section, each group
512-health insurance policy providing coverage of the type specified in
513-subdivisions (1), (2), (4), (11) and (12) of section 38a-469 delivered,
514-issued for delivery, amended, renewed or continued in this state on or
515-after January 1, 2018, shall provide coverage for the medically necessary
516-expenses [of] for the diagnosis and treatment of infertility, including,
517-but not limited to, ovulation induction, intrauterine insemination, in-
518-vitro fertilization, uterine embryo lavage, embryo transfer, gamete intra-
519-fallopian transfer, zygote intra-fallopian transfer and low tubal ovum
520-transfer. For purposes of this section, "infertility" means the condition of
521-an individual who is unable to conceive or produce conception or
522-sustain a successful pregnancy during a one-year period or such
523-treatment is medically necessary.
524-(b) Such policy may:
525-[(1) Limit such coverage to an individual until the date of such
526-individual's fortieth birthday;]
527-[(2)] (1) Limit such coverage for ovulation induction to a lifetime
528-maximum benefit of four cycles;
529-[(3)] (2) Limit such coverage for intrauterine insemination to a
530-lifetime maximum benefit of three cycles;
531-[(4)] (3) Limit such coverage for lifetime benefits to a maximum of
532-two cycles, with not more than two embryo implantations per cycle, for Substitute Senate Bill No. 1039
394+repealed and the following is substituted in lieu thereof (Effective October 313
395+1, 2023): 314
396+(a) Each group health insurance policy providing coverage of the type 315
397+specified in subdivisions (1), (2), (4), [(6),] (10), (11) and (12) of section 316
398+38a-469 delivered, issued for delivery, amended, renewed or continued 317
399+in this state shall provide that coverage of a child, stepchild or other 318
400+dependent child shall terminate not earlier than the policy anniversary 319
401+date after the date on which the child, stepchild or other dependent 320
402+child attains the age of twenty-six. 321
403+Sec. 8. Subsection (a) of section 38a-515 of the general statutes is 322
404+repealed and the following is substituted in lieu thereof (Effective October 323
405+1, 2023): 324
406+(a) Each group health insurance policy providing coverage of the type 325
407+specified in subdivisions (1), (2), (4), [(6),] (11) and (12) of section 38a-326
408+469 delivered, issued for delivery, renewed, amended or continued in 327
409+this state that provides that coverage of a dependent child of an 328
410+employee or other member of the covered group shall terminate upon 329
411+attainment of the limiting age for dependent children specified in the 330
412+policy shall also provide in substance that attainment of the limiting age 331
413+shall not operate to terminate the coverage of the child if at such date 332
414+the child is and continues thereafter to be both (1) incapable of self-333
415+sustaining employment by reason of mental or physical handicap, as 334
416+certified by the child's physician, physician assistant or advanced 335
417+practice registered nurse on a form provided by the insurer, hospital 336
418+service corporation, medical service corporation or health care center, 337
419+and (2) chiefly dependent upon such employee or member for support 338
420+and maintenance. 339
421+Sec. 9. Subsection (a) of section 38a-516 of the general statutes is 340
422+repealed and the following is substituted in lieu thereof (Effective October 341
423+1, 2023): 342
424+(a) Each group health insurance policy delivered, issued for delivery, 343 Substitute Bill No. 1039
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535426
536-in-vitro fertilization, gamete intra-fallopian transfer, zygote intra-
537-fallopian transfer or low tubal ovum transfer, provided each such
538-fertilization or transfer shall be credited toward such maximum as one
539-cycle;
540-[(5)] (4) Limit coverage for in-vitro fertilization, gamete intra-
541-fallopian transfer, zygote intra-fallopian transfer and low tubal ovum
542-transfer to those individuals who have been unable to conceive or
543-produce conception or sustain a successful pregnancy through less
544-expensive and medically viable infertility treatment or procedures
545-covered under such policy. Nothing in this subdivision shall be
546-construed to deny the coverage required by this section to any
547-individual who foregoes a particular infertility treatment or procedure
548-if the individual's physician determines that such treatment or
549-procedure is likely to be unsuccessful; and
550-[(6)] (5) Require that covered infertility treatment or procedures be
551-performed at facilities that conform to the standards and guidelines
552-developed by the American Society of Reproductive Medicine or the
553-Society of Reproductive Endocrinology and Infertility. [;]
554-[(7) Limit coverage to individuals who have maintained coverage
555-under such policy for at least twelve months; and
556-(8) Require disclosure by the individual seeking such coverage to
557-such individual's existing health insurance carrier of any previous
558-infertility treatment or procedures for which such individual received
559-coverage under a different health insurance policy. Such disclosure shall
560-be made on a form and in the manner prescribed by the Insurance
561-Commissioner.]
562-(c) (1) Any insurance company, hospital service corporation, medical
563-service corporation or health care center may issue to a religious
564-employer a group health insurance policy that excludes coverage for Substitute Senate Bill No. 1039
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428+R01-SB.docx }
429+12 of 18
565430
566-Public Act No. 23-127 18 of 19
431+renewed, amended or continued in this state providing coverage of the 344
432+type specified in subdivisions (1), (2), (4), [(6),] (11) and (12) of section 345
433+38a-469 for a family member of the insured or subscriber shall, as to such 346
434+family member's coverage, also provide that the health insurance 347
435+benefits applicable for children shall be payable with respect to a newly 348
436+born child of the insured or subscriber from the moment of birth. 349
437+Sec. 10. Subsection (a) of section 38a-549 of the general statutes is 350
438+repealed and the following is substituted in lieu thereof (Effective October 351
439+1, 2023): 352
440+(a) Each group health insurance policy providing coverage of the type 353
441+specified in subdivisions (1), (2), (4), [(6),] (10), (11) and (12) of section 354
442+38a-469 delivered, issued for delivery, amended, renewed or continued 355
443+in this state shall provide coverage for a child legally placed for 356
444+adoption with an employee or other member of the covered group who 357
445+is an adoptive parent or a prospective adoptive parent, even though the 358
446+adoption has not been finalized, provided the child lives in the 359
447+household of such employee or member and the child is dependent 360
448+upon such employee or member for support and maintenance. 361
449+Sec. 11. Section 38a-509 of the general statutes is repealed and the 362
450+following is substituted in lieu thereof (Effective October 1, 2023): 363
451+(a) Subject to the limitations set forth in subsection (b) of this section 364
452+and except as provided in subsection (c) of this section, each individual 365
453+health insurance policy providing coverage of the type specified in 366
454+subdivisions (1), (2), (4), (11) and (12) of section 38a-469 delivered, 367
455+issued for delivery, amended, renewed or continued in this state on or 368
456+after January 1, 2018, shall provide coverage for the medically necessary 369
457+expenses [of] for the diagnosis and treatment of infertility, including, 370
458+but not limited to, ovulation induction, intrauterine insemination, in-371
459+vitro fertilization, uterine embryo lavage, embryo transfer, gamete intra-372
460+fallopian transfer, zygote intra-fallopian transfer and low tubal ovum 373
461+transfer. For purposes of this section, "infertility" means the condition of 374
462+an individual who is unable to conceive or produce conception or 375 Substitute Bill No. 1039
567463
568-methods of diagnosis and treatment of infertility that are contrary to the
569-religious employer's bona fide religious tenets.
570-(2) Upon the written request of an individual who states in writing
571-that methods of diagnosis and treatment of infertility are contrary to
572-such individual's religious or moral beliefs, any insurance company,
573-hospital service corporation, medical service corporation or health care
574-center may issue to or on behalf of the individual a policy or rider
575-thereto that excludes coverage for such methods.
576-(d) Any health insurance policy issued pursuant to subsection (c) of
577-this section shall provide written notice to each insured or prospective
578-insured that methods of diagnosis and treatment of infertility are
579-excluded from coverage pursuant to said subsection. Such notice shall
580-appear, in not less than ten-point type, in the policy, application and
581-sales brochure for such policy.
582-(e) As used in this section, "religious employer" means an employer
583-that is a "qualified church-controlled organization", as defined in 26 USC
584-3121 or a church-affiliated organization.
585-(f) Except as provided in subsections (c) to (e), inclusive, of this
586-section, no group health insurance policy providing coverage of the type
587-specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469
588-delivered, issued for delivery, amended, renewed or continued in this
589-state on or after January 1, 2024, may make any distinction or
590-discrimination between persons on the basis of gender identity or
591-expression, sexual orientation or age with respect to health insurance
592-coverage for the medically necessary expenses for the diagnosis and
593-treatment of infertility, except that such policy may consider age as a
594-factor on the basis of a determination of medical necessity, using
595-professional guidelines published by the American Society for
596-Reproductive Medicine, its successor organization or a comparable
597-organization. For purposes of this subsection, "gender identity or Substitute Senate Bill No. 1039
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599-Public Act No. 23-127 19 of 19
465+LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01039-
466+R01-SB.docx }
467+13 of 18
600468
601-expression" has the same meaning as provided in section 1-1n.
469+sustain a successful pregnancy during a one-year period or such 376
470+treatment is medically necessary. 377
471+(b) Such policy may: 378
472+[(1) Limit such coverage to an individual until the date of such 379
473+individual's fortieth birthday;] 380
474+[(2)] (1) Limit such coverage for ovulation induction to a lifetime 381
475+maximum benefit of four cycles; 382
476+[(3)] (2) Limit such coverage for intrauterine insemination to a 383
477+lifetime maximum benefit of three cycles; 384
478+[(4)] (3) Limit such coverage for lifetime benefits to a maximum of 385
479+two cycles, with not more than two embryo implantations per cycle, for 386
480+in-vitro fertilization, gamete intra-fallopian transfer, zygote intra-387
481+fallopian transfer or low tubal ovum transfer, provided each such 388
482+fertilization or transfer shall be credited toward such maximum as one 389
483+cycle; 390
484+[(5)] (4) Limit coverage for in-vitro fertilization, gamete intra-391
485+fallopian transfer, zygote intra-fallopian transfer and low tubal ovum 392
486+transfer to those individuals who have been unable to conceive or 393
487+produce conception or sustain a successful pregnancy through less 394
488+expensive and medically viable infertility treatment or procedures 395
489+covered under such policy. Nothing in this subdivision shall be 396
490+construed to deny the coverage required by this section to any 397
491+individual who foregoes a particular infertility treatment or procedure 398
492+if the individual's physician determines that such treatment or 399
493+procedure is likely to be unsuccessful; and 400
494+[(6)] (5) Require that covered infertility treatment or procedures be 401
495+performed at facilities that conform to the standards and guidelines 402
496+developed by the American Society of Reproductive Medicine or the 403
497+Society of Reproductive Endocrinology and Infertility. [;] 404 Substitute Bill No. 1039
498+
499+
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502+14 of 18
503+
504+[(7) Limit coverage to individuals who have maintained coverage 405
505+under such policy for at least twelve months; and 406
506+(8) Require disclosure by the individual seeking such coverage to 407
507+such individual's existing health insurance carrier of any previous 408
508+infertility treatment or procedures for which such individual received 409
509+coverage under a different health insurance policy. Such disclosure shall 410
510+be made on a form and in the manner prescribed by the Insurance 411
511+Commissioner.] 412
512+(c) (1) Any insurance company, hospital service corporation, medical 413
513+service corporation or health care center may issue to a religious 414
514+employer an individual health insurance policy that excludes coverage 415
515+for methods of diagnosis and treatment of infertility that are contrary to 416
516+the religious employer's bona fide religious tenets. 417
517+(2) Upon the written request of an individual who states in writing 418
518+that methods of diagnosis and treatment of infertility are contrary to 419
519+such individual's religious or moral beliefs, any insurance company, 420
520+hospital service corporation, medical service corporation or health care 421
521+center may issue to or on behalf of the individual a policy or rider 422
522+thereto that excludes coverage for such methods. 423
523+(d) Any health insurance policy issued pursuant to subsection (c) of 424
524+this section shall provide written notice to each insured or prospective 425
525+insured that methods of diagnosis and treatment of infertility are 426
526+excluded from coverage pursuant to said subsection. Such notice shall 427
527+appear, in not less than ten-point type, in the policy, application and 428
528+sales brochure for such policy. 429
529+(e) As used in this section, "religious employer" means an employer 430
530+that is a "qualified church-controlled organization", as defined in 26 USC 431
531+3121 or a church-affiliated organization. 432
532+(f) Except as provided in subsections (c) to (e), inclusive, of this 433
533+section, no individual health insurance policy providing coverage of the 434
534+type specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469 435 Substitute Bill No. 1039
535+
536+
537+LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01039-
538+R01-SB.docx }
539+15 of 18
540+
541+delivered, issued for delivery, amended, renewed or continued in this 436
542+state on or after January 1, 2024, may make any distinction or 437
543+discrimination between persons on the basis of gender identity or 438
544+expression, sex or age with respect to health insurance coverage for the 439
545+medically necessary expenses for the diagnosis and treatment of 440
546+infertility, except that such policy may consider age as a factor on the 441
547+basis of a determination of medical necessity, using professional 442
548+guidelines published by the American Society for Reproductive 443
549+Medicine, its successor organization or a comparable organization. For 444
550+purposes of this subsection, "gender identity or expression" has the 445
551+same meaning as provided in section 1-1n. 446
552+Sec. 12. Section 38a-536 of the general statutes is repealed and the 447
553+following is substituted in lieu thereof (Effective October 1, 2023): 448
554+(a) Subject to the limitations set forth in subsection (b) of this section 449
555+and except as provided in subsection (c) of this section, each group 450
556+health insurance policy providing coverage of the type specified in 451
557+subdivisions (1), (2), (4), (11) and (12) of section 38a-469 delivered, 452
558+issued for delivery, amended, renewed or continued in this state on or 453
559+after January 1, 2018, shall provide coverage for the medically necessary 454
560+expenses [of] for the diagnosis and treatment of infertility, including, 455
561+but not limited to, ovulation induction, intrauterine insemination, in-456
562+vitro fertilization, uterine embryo lavage, embryo transfer, gamete intra-457
563+fallopian transfer, zygote intra-fallopian transfer and low tubal ovum 458
564+transfer. For purposes of this section, "infertility" means the condition of 459
565+an individual who is unable to conceive or produce conception or 460
566+sustain a successful pregnancy during a one-year period or such 461
567+treatment is medically necessary. 462
568+(b) Such policy may: 463
569+[(1) Limit such coverage to an individual until the date of such 464
570+individual's fortieth birthday;] 465
571+[(2)] (1) Limit such coverage for ovulation induction to a lifetime 466 Substitute Bill No. 1039
572+
573+
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576+16 of 18
577+
578+maximum benefit of four cycles; 467
579+[(3)] (2) Limit such coverage for intrauterine insemination to a 468
580+lifetime maximum benefit of three cycles; 469
581+[(4)] (3) Limit such coverage for lifetime benefits to a maximum of 470
582+two cycles, with not more than two embryo implantations per cycle, for 471
583+in-vitro fertilization, gamete intra-fallopian transfer, zygote intra-472
584+fallopian transfer or low tubal ovum transfer, provided each such 473
585+fertilization or transfer shall be credited toward such maximum as one 474
586+cycle; 475
587+[(5)] (4) Limit coverage for in-vitro fertilization, gamete intra-476
588+fallopian transfer, zygote intra-fallopian transfer and low tubal ovum 477
589+transfer to those individuals who have been unable to conceive or 478
590+produce conception or sustain a successful pregnancy through less 479
591+expensive and medically viable infertility treatment or procedures 480
592+covered under such policy. Nothing in this subdivision shall be 481
593+construed to deny the coverage required by this section to any 482
594+individual who foregoes a particular infertility treatment or procedure 483
595+if the individual's physician determines that such treatment or 484
596+procedure is likely to be unsuccessful; and 485
597+[(6)] (5) Require that covered infertility treatment or procedures be 486
598+performed at facilities that conform to the standards and guidelines 487
599+developed by the American Society of Reproductive Medicine or the 488
600+Society of Reproductive Endocrinology and Infertility. [;] 489
601+[(7) Limit coverage to individuals who have maintained coverage 490
602+under such policy for at least twelve months; and 491
603+(8) Require disclosure by the individual seeking such coverage to 492
604+such individual's existing health insurance carrier of any previous 493
605+infertility treatment or procedures for which such individual received 494
606+coverage under a different health insurance policy. Such disclosure shall 495
607+be made on a form and in the manner prescribed by the Insurance 496
608+Commissioner.] 497 Substitute Bill No. 1039
609+
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613+17 of 18
614+
615+(c) (1) Any insurance company, hospital service corporation, medical 498
616+service corporation or health care center may issue to a religious 499
617+employer a group health insurance policy that excludes coverage for 500
618+methods of diagnosis and treatment of infertility that are contrary to the 501
619+religious employer's bona fide religious tenets. 502
620+(2) Upon the written request of an individual who states in writing 503
621+that methods of diagnosis and treatment of infertility are contrary to 504
622+such individual's religious or moral beliefs, any insurance company, 505
623+hospital service corporation, medical service corporation or health care 506
624+center may issue to or on behalf of the individual a policy or rider 507
625+thereto that excludes coverage for such methods. 508
626+(d) Any health insurance policy issued pursuant to subsection (c) of 509
627+this section shall provide written notice to each insured or prospective 510
628+insured that methods of diagnosis and treatment of infertility are 511
629+excluded from coverage pursuant to said subsection. Such notice shall 512
630+appear, in not less than ten-point type, in the policy, application and 513
631+sales brochure for such policy. 514
632+(e) As used in this section, "religious employer" means an employer 515
633+that is a "qualified church-controlled organization", as defined in 26 USC 516
634+3121 or a church-affiliated organization. 517
635+(f) Except as provided in subsections (c) to (e), inclusive, of this 518
636+section, no group health insurance policy providing coverage of the type 519
637+specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469 520
638+delivered, issued for delivery, amended, renewed or continued in this 521
639+state on or after January 1, 2024, may make any distinction or 522
640+discrimination between persons on the basis of gender identity or 523
641+expression, sex or age with respect to health insurance coverage for the 524
642+medically necessary expenses for the diagnosis and treatment of 525
643+infertility, except that such policy may consider age as a factor on the 526
644+basis of a determination of medical necessity, using professional 527
645+guidelines published by the American Society for Reproductive 528
646+Medicine, its successor organization or a comparable organization. For 529 Substitute Bill No. 1039
647+
648+
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651+18 of 18
652+
653+purposes of this subsection, "gender identity or expression" has the 530
654+same meaning as provided in section 1-1n. 531
655+This act shall take effect as follows and shall amend the following
656+sections:
657+
658+Section 1 October 1, 2023 38a-11
659+Sec. 2 October 1, 2023 38a-769
660+Sec. 3 October 1, 2023 38a-489
661+Sec. 4 October 1, 2023 38a-490(a)
662+Sec. 5 October 1, 2023 38a-497(a)
663+Sec. 6 October 1, 2023 38a-508(a)
664+Sec. 7 October 1, 2023 38a-512b(a)
665+Sec. 8 October 1, 2023 38a-515(a)
666+Sec. 9 October 1, 2023 38a-516(a)
667+Sec. 10 October 1, 2023 38a-549(a)
668+Sec. 11 October 1, 2023 38a-509
669+Sec. 12 October 1, 2023 38a-536
670+
671+Statement of Legislative Commissioners:
672+In Section 1(f), "to" before "pay such fee" was deleted for clarity.
673+
674+INS Joint Favorable Subst.
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