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16 | 17 | | |
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17 | 18 | | |
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18 | 19 | | AN ACT CONCERNING THE LEGISLATIVE COMMISSIONERS' |
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19 | 20 | | RECOMMENDATIONS FOR TECHNICAL REVISIONS TO THE |
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20 | 21 | | INSURANCE-RELATED STATUTES. |
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21 | 22 | | Be it enacted by the Senate and House of Representatives in General |
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22 | 23 | | Assembly convened: |
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23 | 24 | | |
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24 | 25 | | Section 1. Subsection (a) of section 38a-16 of the general statutes is 1 |
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25 | 26 | | repealed and the following is substituted in lieu thereof (Effective from 2 |
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26 | 27 | | passage): 3 |
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27 | 28 | | (a) (1) The Insurance Commissioner or the commissioner's authorized 4 |
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28 | 29 | | representative may, as often as the commissioner deems necessary, 5 |
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29 | 30 | | conduct investigations and hearings in aid of any investigation on any 6 |
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30 | 31 | | matter under the provisions of this title. Pursuant to any such 7 |
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31 | 32 | | investigation or hearing, the commissioner or the commissioner's 8 |
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32 | 33 | | authorized representative may issue data calls [,] and subpoenas, 9 |
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33 | 34 | | administer oaths, compel testimony, order the production of books, 10 |
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34 | 35 | | records, papers and documents [,] and examine books and records. Any 11 |
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35 | 36 | | person in receipt of an order from the commissioner or the 12 |
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36 | 37 | | commissioner's authorized representative for the production of books, 13 |
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41 | 44 | | |
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42 | 45 | | thirty calendar days after the date of such order. If any person refuses 15 |
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43 | 46 | | to allow the examination of books and records, to appear, to testify or to 16 |
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44 | 47 | | produce any book, record, paper or document when so ordered, a judge 17 |
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45 | 48 | | of the Superior Court, upon application of the commissioner or the 18 |
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46 | 49 | | commissioner's authorized representative, may make such order as may 19 |
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47 | 50 | | be appropriate to aid in the enforcement of this section. 20 |
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48 | 51 | | (2) Data provided in response to a data call under this section shall 21 |
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49 | 52 | | not be subject to disclosure under section 1-210. 22 |
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50 | 53 | | Sec. 2. Subsection (a) of section 38a-297 of the general statutes is 23 |
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51 | 54 | | repealed and the following is substituted in lieu thereof (Effective from 24 |
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52 | 55 | | passage): 25 |
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53 | 56 | | (a) For the purposes of sections 38a-295 to 38a-300, inclusive, a policy 26 |
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54 | 57 | | shall be deemed readable if: (1) The text achieves a minimum score of 27 |
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55 | 58 | | forty-five on the Flesch reading ease test as computed in section 38a-298 28 |
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56 | 59 | | or an equivalent score on any other test comparable in result and 29 |
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57 | 60 | | approved by the commissioner, (2) it is printed, except for specification 30 |
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58 | 61 | | pages, schedules and tables, in not less than ten-point type, one-point 31 |
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59 | 62 | | leaded, of a height and style specified by the commissioner in 32 |
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60 | 63 | | regulations adopted in accordance with the provisions of chapter 54, (3) 33 |
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61 | 64 | | it uses layout and spacing which separate the paragraphs from each 34 |
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62 | 65 | | other and from the border of the paper, (4) it has section titles captioned 35 |
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63 | 66 | | in boldface type or which otherwise stand out significantly from the 36 |
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64 | 67 | | text, (5) it avoids the use of unnecessarily long, complicated or obscure 37 |
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65 | 68 | | words, sentences, paragraphs or constructions, (6) the style, 38 |
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66 | 69 | | arrangement and overall appearance of the policy give no undue 39 |
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67 | 70 | | prominence to any portion of the text of the policy or to any 40 |
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68 | 71 | | endorsements or riders, and (7) it contains a table of contents or an index 41 |
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69 | 72 | | of the principal sections of the policy, if the policy has more than three 42 |
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70 | 73 | | thousand words or if the policy has more than three pages. To be 43 |
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71 | 74 | | deemed readable, each policy of individual health insurance shall 44 |
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72 | 75 | | include a separate outline of coverage showing the major coverage, 45 |
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73 | 76 | | benefit, exclusion and renewal provisions of the policy in readily 46 |
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79 | 84 | | the outline of coverage. 48 |
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80 | 85 | | Sec. 3. Subdivision (1) of subsection (b) of section 38a-556 of the 49 |
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81 | 86 | | general statutes is repealed and the following is substituted in lieu 50 |
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82 | 87 | | thereof (Effective from passage): 51 |
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83 | 88 | | (b) (1) The board of directors of the association shall be made up of 52 |
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84 | 89 | | nine individuals selected by participating members, subject to approval 53 |
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85 | 90 | | by the commissioner, two of whom shall be appointed by the 54 |
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86 | 91 | | commissioner on or before July 1, 1993, to represent health care centers. 55 |
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87 | 92 | | To select the initial board of directors, and to initially organize the 56 |
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88 | 93 | | association, the commissioner shall give notice to all members of the 57 |
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89 | 94 | | time and place of the organizational meeting. In determining voting 58 |
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90 | 95 | | rights at the organizational meeting, each member shall be entitled to 59 |
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91 | 96 | | vote in person or by proxy. The vote shall be a weighted vote based 60 |
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92 | 97 | | upon the net health insurance premium derived from this state in the 61 |
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93 | 98 | | previous calendar year. If the board of directors is not selected within 62 |
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94 | 99 | | sixty days after notice of the organizational meeting, the commissioner 63 |
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95 | 100 | | may appoint the initial board. In approving or selecting members of the 64 |
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96 | 101 | | board, the commissioner may consider, among other things, whether all 65 |
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97 | 102 | | members are fairly represented. Members of the board may be 66 |
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98 | 103 | | reimbursed from the moneys of the association for expenses incurred by 67 |
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99 | 104 | | them as members, but shall not otherwise be compensated by the 68 |
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100 | 105 | | association for their services. 69 |
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101 | 106 | | Sec. 4. Subsection (d) of section 38a-790 of the general statutes is 70 |
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102 | 107 | | repealed and the following is substituted in lieu thereof (Effective from 71 |
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103 | 108 | | passage): 72 |
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104 | 109 | | (d) For purposes of this section and section 38a-769: 73 |
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105 | 110 | | (1) "Motor vehicle" has the same meaning as provided in section 14-74 |
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106 | 111 | | 1; and 75 |
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107 | 112 | | (2) "Motor vehicle physical damage appraiser" means any person, 76 |
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116 | 123 | | Sec. 5. Subsection (c) of section 38a-792 of the general statutes is 81 |
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117 | 124 | | repealed and the following is substituted in lieu thereof (Effective from 82 |
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118 | 125 | | passage): 83 |
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119 | 126 | | (c) Any person who violates any provision of this section shall be 84 |
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120 | 127 | | fined not more than two thousand dollars or imprisoned not more than 85 |
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121 | 128 | | one year, or both. 86 |
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122 | 129 | | Sec. 6. Section 14-67h of the general statutes is repealed and the 87 |
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123 | 130 | | following is substituted in lieu thereof (Effective from passage): 88 |
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124 | 131 | | As used in this part, sections 14-103a, 14-149, 14-152, [and] 14-184 [,] 89 |
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125 | 132 | | and subsection (b) of section 14-196, [and section 38a-356,] "major 90 |
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126 | 133 | | component parts" has the same meaning as provided in subdivision (2) 91 |
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127 | 134 | | of subsection (a) of section 14-149a. 92 |
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128 | 135 | | This act shall take effect as follows and shall amend the following |
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129 | 136 | | sections: |
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130 | 137 | | |
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131 | 138 | | Section 1 from passage 38a-16(a) |
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132 | 139 | | Sec. 2 from passage 38a-297(a) |
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133 | 140 | | Sec. 3 from passage 38a-556(b)(1) |
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134 | 141 | | Sec. 4 from passage 38a-790(d) |
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135 | 142 | | Sec. 5 from passage 38a-792(c) |
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136 | 143 | | Sec. 6 from passage 14-67h |
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137 | 144 | | |
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