Illinois 2023 2023-2024 Regular Session

Illinois House Bill HB4780 Introduced / Bill

Filed 02/05/2024

                    103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4780 Introduced , by Rep. Jennifer Gong-Gershowitz SYNOPSIS AS INTRODUCED: New Act Creates the Dental Loss Ratio Act. Sets forth provisions concerning dental loss ratio reporting. Provides that a health insurer or dental plan carrier that issues, sells, renews, or offers a specialized health insurance policy covering dental services shall, beginning January 1, 2025, annually submit to the Department of Insurance a dental loss ratio filing. Provides a formula for calculating minimum dental loss ratios. Sets forth provisions concerning minimum dental loss ratio requirements. Provides that the Department may adopt rules to implement the Act. Provides that the Act does not apply to an insurance policy issued, sold, renewed, or offered for health care services or coverage provided as a function of the State of Illinois Medicaid coverage for children or adults or disability insurance for covered benefits in the single specialized area of dental-only health care that pays benefits on a fixed benefit, cash payment-only basis. Defines terms. Effective January 1, 2025. LRB103 36283 AWJ 66380 b   A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4780 Introduced , by Rep. Jennifer Gong-Gershowitz SYNOPSIS AS INTRODUCED:  New Act New Act  Creates the Dental Loss Ratio Act. Sets forth provisions concerning dental loss ratio reporting. Provides that a health insurer or dental plan carrier that issues, sells, renews, or offers a specialized health insurance policy covering dental services shall, beginning January 1, 2025, annually submit to the Department of Insurance a dental loss ratio filing. Provides a formula for calculating minimum dental loss ratios. Sets forth provisions concerning minimum dental loss ratio requirements. Provides that the Department may adopt rules to implement the Act. Provides that the Act does not apply to an insurance policy issued, sold, renewed, or offered for health care services or coverage provided as a function of the State of Illinois Medicaid coverage for children or adults or disability insurance for covered benefits in the single specialized area of dental-only health care that pays benefits on a fixed benefit, cash payment-only basis. Defines terms. Effective January 1, 2025.  LRB103 36283 AWJ 66380 b     LRB103 36283 AWJ 66380 b   A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4780 Introduced , by Rep. Jennifer Gong-Gershowitz SYNOPSIS AS INTRODUCED:
New Act New Act
New Act
Creates the Dental Loss Ratio Act. Sets forth provisions concerning dental loss ratio reporting. Provides that a health insurer or dental plan carrier that issues, sells, renews, or offers a specialized health insurance policy covering dental services shall, beginning January 1, 2025, annually submit to the Department of Insurance a dental loss ratio filing. Provides a formula for calculating minimum dental loss ratios. Sets forth provisions concerning minimum dental loss ratio requirements. Provides that the Department may adopt rules to implement the Act. Provides that the Act does not apply to an insurance policy issued, sold, renewed, or offered for health care services or coverage provided as a function of the State of Illinois Medicaid coverage for children or adults or disability insurance for covered benefits in the single specialized area of dental-only health care that pays benefits on a fixed benefit, cash payment-only basis. Defines terms. Effective January 1, 2025.
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    LRB103 36283 AWJ 66380 b
A BILL FOR
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  HB4780  LRB103 36283 AWJ 66380 b
1  AN ACT concerning regulation.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 1. Short title. This Act may be referred to as the
5  Dental Loss Ratio Act.
6  Section 5. Definitions. As used in this Act:
7  "Dental care provider" means a dentist who bills for
8  services in Illinois.
9  "Dental loss ratio" means the ratio of incurred claims to
10  earned premiums as calculated using the formula under Section
11  10 of this Act.
12  "Dental plan carrier" means an entity subject to the
13  insurance laws, rules, and regulations of this State or
14  subject to the jurisdiction of the Director that contracts or
15  offers to contract to provide, deliver, arrange for, pay for,
16  or reimburse any of the costs of dental care services,
17  including an accident and health insurance company, a health
18  maintenance organization, a limited health service
19  organization, a dental service plan corporation, a health
20  services plan corporation, a voluntary health services plan,
21  or any other entity providing a plan of dental insurance,
22  dental benefits, or dental health care services.
23  "Department" means the Department of Insurance.

 

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4780 Introduced , by Rep. Jennifer Gong-Gershowitz SYNOPSIS AS INTRODUCED:
New Act New Act
New Act
Creates the Dental Loss Ratio Act. Sets forth provisions concerning dental loss ratio reporting. Provides that a health insurer or dental plan carrier that issues, sells, renews, or offers a specialized health insurance policy covering dental services shall, beginning January 1, 2025, annually submit to the Department of Insurance a dental loss ratio filing. Provides a formula for calculating minimum dental loss ratios. Sets forth provisions concerning minimum dental loss ratio requirements. Provides that the Department may adopt rules to implement the Act. Provides that the Act does not apply to an insurance policy issued, sold, renewed, or offered for health care services or coverage provided as a function of the State of Illinois Medicaid coverage for children or adults or disability insurance for covered benefits in the single specialized area of dental-only health care that pays benefits on a fixed benefit, cash payment-only basis. Defines terms. Effective January 1, 2025.
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    LRB103 36283 AWJ 66380 b
A BILL FOR

 

 

New Act



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1  "Director" means the Director of Insurance.
2  "Earned premiums" means the portion of the premium paid in
3  the reporting year that is intended to provide coverage during
4  that reporting period.
5  "Incurred claims" means the claims for which services were
6  provided in that reporting year. "Incurred claims" includes
7  claims that were paid in the reporting year plus unpaid claim
8  reserves for claims paid after the reporting year.
9  Section 10. Dental loss ratio reporting.
10  (a) A health insurer or dental plan carrier that issues,
11  sells, renews, or offers a specialized health insurance policy
12  covering dental services shall, beginning January 1, 2025,
13  annually submit to the Department the dental loss ratio
14  calculated in accordance with subsection (c). The annual
15  filing shall, at a minimum, include rates, rating schedules,
16  and supporting documentation, including ratios of incurred
17  claims to earned premiums for each calendar year since the
18  plan's issuance. The required information shall be in the form
19  established by the Department and shall demonstrate that each
20  plan complies with the minimum dental loss ratio standards.
21  (b) The annual filing shall be made publicly available on
22  the Department's website.
23  (c) The dental loss ratio for a dental plan or dental
24  coverage of a health benefit plan shall be determined by
25  dividing the numerator by the denominator as follows:

 

 

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1  (1) The numerator is the amount spent on dental care.
2  The amount spent on dental care includes:
3  (A) the amount expended for clinical dental
4  services that are services within the American Dental
5  Association's Code on Dental Procedures and
6  Nomenclature provided to enrollees that includes
7  payments under capitation contracts with dental
8  providers and covered by the contract for dental
9  clinical services or supplies covered by the contract;
10  (B) reserves and liabilities established to
11  account for claims that were incurred during the
12  reporting year but were not paid within 3 months of the
13  end of the reporting year; and
14  (C) any claim payment recovered by insurers from
15  providers or enrollees using utilization management
16  efforts that will be deducted from incurred claims
17  amounts.
18  (2) The calculation of the numerator does not include:
19  (A) overpayments that have already been received
20  from providers that should not be reported as a paid
21  claim; overpayment recoveries received from providers
22  must be deducted from incurred claims amounts;
23  (B) administrative costs, including, but not
24  limited to, infrastructure, personnel costs, or broker
25  payments;
26  (C) amounts paid to third-party vendors for

 

 

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1  secondary network savings;
2  (D) amounts paid to third-party vendors for
3  network development, administrative fees, claims
4  processing, and utilization management; or
5  (E) amounts paid to providers for professional or
6  administrative services that do not represent
7  compensation or reimbursement for covered services
8  provided to an enrollee, including, but not limited
9  to, dental record copying costs, attorney's fees,
10  subrogation vendor fees, compensation to
11  paraprofessionals, janitors, quality assurance
12  analysts, administrative supervisors, secretaries to
13  dental personnel, and dental record clerks.
14  (3) The denominator is the total amount of the earned
15  premium revenues, excluding federal and State taxes and
16  licensing and regulatory fees paid after accounting for
17  any payments pursuant to federal law. In this paragraph,
18  "earned premium revenues" means all moneys paid by a
19  policyholder or subscriber as a condition of receiving
20  coverage from the issuer, including any fees or other
21  contributions associated with the dental plan.
22  (d) If the Director decides to conduct an examination
23  because the Director finds it necessary to verify a health
24  insurer's or dental plan carrier's representation in a dental
25  loss ratio report, then the Department shall provide the
26  health insurer or dental plan carrier with a notification 30

 

 

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1  days before the commencement of the examination.
2  (e) The health insurer or dental plan carrier shall have
3  30 days after the date of notification to electronically
4  submit to the Department all requested records specified by
5  the Department. The Director may extend the time for a health
6  insurer or dental plan carrier to comply with this examination
7  upon a finding of good cause.
8  Section 15. Dental loss ratio requirement.
9  (a) A health insurer or dental plan carrier that issues,
10  sells, renews, or offers a specialized health insurance policy
11  covering dental services shall meet a minimum dental loss
12  ratio requirement of 80%.
13  (b) If the minimum dental loss ratio is not met, then the
14  Department shall require a corrective action plan from the
15  carrier to return excess premiums.
16  Section 20. Rulemaking. The Department may adopt rules to
17  implement this Act.
18  Section 25. Exemptions. This Act does not apply to an
19  insurance policy issued, sold, renewed, or offered for health
20  care services or coverage provided as a function of the State
21  of Illinois Medicaid coverage for children or adults or
22  disability insurance for covered benefits in the single
23  specialized area of dental-only health care that pays benefits

 

 

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1  on a fixed benefit, cash payment-only basis.

 

 

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