16 | 17 | | |
---|
17 | 18 | | |
---|
18 | 19 | | |
---|
19 | 20 | | AN ACT CONCERNING LONG -TERM CARE INSURANCE AND |
---|
20 | 21 | | ELIGIBILITY FOR STATE CONTRACTS. |
---|
21 | 22 | | Be it enacted by the Senate and House of Representatives in General |
---|
22 | 23 | | Assembly convened: |
---|
23 | 24 | | |
---|
24 | 25 | | Section 1. (NEW) (Effective January 1, 2026) The Insurance Department 1 |
---|
25 | 26 | | shall hold a public hearing for long-term care premium rate increase 2 |
---|
26 | 27 | | requests that exceed ten per cent. Any insurance company, fraternal 3 |
---|
27 | 28 | | benefit society, hospital service corporation, medical service corporation 4 |
---|
28 | 29 | | or health care center that requests such premium rate increase shall 5 |
---|
29 | 30 | | provide each policyholder with advance written notice of the date and 6 |
---|
30 | 31 | | time of such hearing not less than fourteen days in advance of such date. 7 |
---|
31 | 32 | | Sec. 2. (NEW) (Effective January 1, 2026) No insurance company, 8 |
---|
32 | 33 | | fraternal benefit society, hospital service corporation, medical service 9 |
---|
33 | 34 | | corporation or health care center may deliver, issue for delivery, renew, 10 |
---|
34 | 35 | | continue or amend any long-term care policy in this state on or after 11 |
---|
35 | 36 | | January 1, 2026, unless such insurance company, fraternal benefit 12 |
---|
36 | 37 | | society, hospital service corporation, medical service corporation or 13 |
---|
41 | 44 | | |
---|
42 | 45 | | purchase of any long-term care policy of the risk of future premium rate 15 |
---|
43 | 46 | | increases. 16 |
---|
44 | 47 | | Sec. 3. Subsection (b) of section 38a-501 of the general statutes is 17 |
---|
45 | 48 | | repealed and the following is substituted in lieu thereof (Effective January 18 |
---|
46 | 49 | | 1, 2026): 19 |
---|
47 | 50 | | (b) (1) No insurance company, fraternal benefit society, hospital 20 |
---|
48 | 51 | | service corporation, medical service corporation or health care center 21 |
---|
49 | 52 | | may deliver or issue for delivery any long-term care policy that has a 22 |
---|
50 | 53 | | loss ratio of less than sixty per cent for any individual long-term care 23 |
---|
51 | 54 | | policy. An issuer shall not use or change premium rates for a long-term 24 |
---|
52 | 55 | | care policy unless the rates have been filed with and approved by the 25 |
---|
53 | 56 | | commissioner. Any rate filings or rate revisions shall (A) demonstrate 26 |
---|
54 | 57 | | that anticipated claims in relation to premiums when combined with 27 |
---|
55 | 58 | | actual experience to date can be expected to comply with the loss ratio 28 |
---|
56 | 59 | | requirement of this section, and (B) certify that the increase is necessary 29 |
---|
57 | 60 | | to prevent a material risk of insolvency. A rate filing shall include the 30 |
---|
58 | 61 | | factors and methodology used to estimate irrevocable trust values if the 31 |
---|
59 | 62 | | policy includes an option for the elimination period specified in 32 |
---|
60 | 63 | | subdivision (1) of subsection (a) of this section. 33 |
---|
61 | 64 | | (2) (A) Any insurance company, fraternal benefit society, hospital 34 |
---|
62 | 65 | | service corporation, medical service corporation or health care center 35 |
---|
63 | 66 | | that files a rate filing for an increase in premium rates for a long-term 36 |
---|
64 | 67 | | care policy that is for twenty per cent or more shall spread the increase 37 |
---|
65 | 68 | | over a period of not less than three years and not file a rate filing for an 38 |
---|
66 | 69 | | increase in premium rates for the long-term care policy during the 39 |
---|
67 | 70 | | period chosen. Such company, society, corporation or center shall use a 40 |
---|
68 | 71 | | periodic rate increase that is actuarially equivalent to a single rate 41 |
---|
69 | 72 | | increase and a current interest rate for the period chosen. 42 |
---|
70 | 73 | | (B) Prior to implementing a premium rate increase, each such 43 |
---|
71 | 74 | | company, society, corporation or center shall: 44 |
---|
72 | 75 | | (i) Notify its policyholders of such premium rate increase and make 45 |
---|
78 | 83 | | policy benefits to reduce the premium rate or electing coverage that 47 |
---|
79 | 84 | | reflects the minimum set of affordable benefit options developed by the 48 |
---|
80 | 85 | | commissioner pursuant to section 38a-475a. Such notice shall include a 49 |
---|
81 | 86 | | description of such policy benefit reductions and minimum set of 50 |
---|
82 | 87 | | affordable benefit options. The premium rates for any benefit reductions 51 |
---|
83 | 88 | | shall be based on the new premium rate schedule; 52 |
---|
84 | 89 | | (ii) Provide policyholders not less than thirty calendar days to elect a 53 |
---|
85 | 90 | | reduction in policy benefits or coverage that reflects the minimum set of 54 |
---|
86 | 91 | | affordable benefit options developed by the commissioner pursuant to 55 |
---|
87 | 92 | | section 38a-475a; and 56 |
---|
88 | 93 | | (iii) Include a statement in such notice that if a policyholder fails to 57 |
---|
89 | 94 | | elect a reduction in policy benefits or coverage that reflects the 58 |
---|
90 | 95 | | minimum set of affordable benefit options developed by the 59 |
---|
91 | 96 | | commissioner pursuant to section 38a-475a by the end of the notice 60 |
---|
92 | 97 | | period and has not cancelled the policy, the policyholder will be deemed 61 |
---|
93 | 98 | | to have elected to retain the existing policy benefits. 62 |
---|
94 | 99 | | Sec. 4. (NEW) (Effective January 1, 2026) (a) As used in this section: 63 |
---|
95 | 100 | | (1) "State agency" means any office, department, board, council, 64 |
---|
96 | 101 | | commission, institution or other agency in the executive, legislative or 65 |
---|
97 | 102 | | judicial branch of state government; 66 |
---|
98 | 103 | | (2) "State contract" means an agreement or a combination or series of 67 |
---|
99 | 104 | | agreements between a state agency and a person, firm or corporation, 68 |
---|
100 | 105 | | having a total value of more than one hundred thousand dollars in a 69 |
---|
101 | 106 | | calendar or fiscal year, for (A) a project for the construction, alteration 70 |
---|
102 | 107 | | or repair of any public building or public work, (B) services, including, 71 |
---|
103 | 108 | | but not limited to, consulting and professional services, (C) the 72 |
---|
104 | 109 | | procurement of supplies, materials or equipment, (D) a lease, or (E) a 73 |
---|
105 | 110 | | licensing arrangement. "State contract" does not include a contract 74 |
---|
106 | 111 | | between a state agency or a quasi-public agency and a political 75 |
---|
107 | 112 | | subdivision of the state; 76 |
---|
113 | 120 | | hospital service corporation, medical service corporation or health care 78 |
---|
114 | 121 | | center; and 79 |
---|
115 | 122 | | (4) "Principals and key personnel" means officers, directors, 80 |
---|
116 | 123 | | shareholders, members, partners and managerial employees. 81 |
---|
117 | 124 | | (b) On and after October 1, 2025, no state agency shall execute a state 82 |
---|
118 | 125 | | contract with an insurer unless such contract contains the representation 83 |
---|
119 | 126 | | described in this section. 84 |
---|
120 | 127 | | (c) Any principal or key personnel of the insurer submitting a bid or 85 |
---|
121 | 128 | | proposal for a state contract shall represent that no such principals and 86 |
---|
122 | 129 | | key personnel of the insurer, or agent of such insurer, has been found in 87 |
---|
123 | 130 | | violation of section 1 or 2 of this act or subsection (b) of section 38a-501 88 |
---|
124 | 131 | | of the general statutes, as amended by this act, during the immediately 89 |
---|
125 | 132 | | preceding five years. 90 |
---|
126 | 133 | | (d) Any bidder or proposer that does not agree to the representations 91 |
---|
127 | 134 | | required under this section shall be rejected and the state agency shall 92 |
---|
128 | 135 | | award the contract to the next highest ranked proposer or the next 93 |
---|
129 | 136 | | lowest responsible qualified bidder or seek new bids or proposals. 94 |
---|
130 | 137 | | (e) Each state agency shall include in the bid specifications or request 95 |
---|
131 | 138 | | for proposals for a state contract a notice of the representation 96 |
---|
132 | 139 | | requirements of this section. 97 |
---|
133 | 140 | | (f) The Insurance Commissioner and the Commissioner of 98 |
---|
134 | 141 | | Administrative Services shall enter into a memorandum of 99 |
---|
135 | 142 | | understanding concerning the sharing of information to enable the 100 |
---|
136 | 143 | | Commissioner of Administrative Services to verify a representation 101 |
---|
137 | 144 | | made under this section. 102 |
---|
138 | 145 | | This act shall take effect as follows and shall amend the following |
---|
139 | 146 | | sections: |
---|
140 | 147 | | |
---|
141 | 148 | | Section 1 January 1, 2026 New section |
---|
150 | | - | GAE Joint Favorable |
---|
| 159 | + | Statement of Purpose: |
---|
| 160 | + | To: (1) Require a public hearing concerning long-term care premium |
---|
| 161 | + | rate increase requests in excess of ten per cent and insurers to notify |
---|
| 162 | + | policyholders of such hearing; (2) require notice to individuals of the |
---|
| 163 | + | risk of long-term care premium rate increases prior to the purchase of |
---|
| 164 | + | any long-term care policy; (3) require insurers to certify material risk of |
---|
| 165 | + | insolvency during the premium rate filing process; and (4) prohibit any |
---|
| 166 | + | insurer that violates the provisions of this act from entering into state |
---|
| 167 | + | contracts. |
---|
| 168 | + | |
---|
| 169 | + | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except |
---|
| 170 | + | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not |
---|
| 171 | + | underlined.] |
---|