*EH1238.1*
February 18, 2022
ENGROSSED
HOUSE BILL No. 1238
_____
DIGEST OF HB 1238 (Updated February 16, 2022 12:24 pm - DI 55)
Citations Affected: IC 27-1; IC 27-5.1; IC 27-8; IC 27-13.
Synopsis: Insurance matters. Reduces, from 1% to 0.15%, the lowest
interest rate that an insurer may use in determining the minimum
nonforfeiture amounts for an annuity contract. Provides that, as a
condition of license renewal, a limited lines producer with a title
insurance qualification must complete at least seven hours of
continuing education in any combination of the following subjects: (1)
Ethical practices in the marketing and selling of title insurance,
including provisions of the Dodd-Frank Wall Street Reform and
Consumer Protection Act. (2) Title insurance underwriting. (3) Escrow
matters. (4) Matters concerning regulation by the department of
insurance. (5) Marketing and selling of title insurance. Allows a
(Continued next page)
Effective: July 1, 2022.
Lehman, Carbaugh, Austin
(SENATE SPONSOR — ZAY)
January 6, 2022, read first time and referred to Committee on Financial Institutions and
Insurance.
January 18, 2022, amended, reported — Do Pass.
January 20, 2022, read second time, ordered engrossed.
January 21, 2022, engrossed.
January 24, 2022, read third time, passed. Yeas 93, nays 0.
SENATE ACTION
February 1, 2022, read first time and referred to Committee on Insurance and Financial
Institutions.
February 17, 2022, amended, reported favorably — Do Pass.
EH 1238—LS 7172/DI 137 Digest Continued
property and casualty insurance company to offer property and casualty
insurance on a group basis to ten or more commercial, business, or
not-for-profit entities that have a preexisting relationship to one another
through a common trade, an association, an affiliation, or another
organizational relationship that is separate and distinct from any group
insurance arrangement of the group. Provides that an insurer, to operate
as a farm mutual insurance company, may not have annual direct
written premiums of more than $15,000,000 (instead of $10,000,000).
Provides that, except for grandfathered health plans, an accident and
sickness insurance policy or health maintenance organization contract
must cover or provide: (1) a colorectal cancer screening test assigned
either an "A" or "B" grade by the United States Preventive Services
Task Force; and (2) a follow-up colonoscopy.
EH 1238—LS 7172/DI 137EH 1238—LS 7172/DI 137 February 18, 2022
Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
ENGROSSED
HOUSE BILL No. 1238
A BILL FOR AN ACT to amend the Indiana Code concerning
insurance.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 27-1-12.5-3 IS AMENDED TO READ AS
2 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) The minimum
3 values as specified in sections 4, 5, 6, 7, and 9 of this chapter of any
4 paid-up annuity, cash surrender or death benefits available under an
5 annuity contract shall be based upon minimum nonforfeiture amounts
6 as defined in this section.
7 (b) With respect to any annuity contract, the minimum nonforfeiture
8 amounts at any time at or prior to the commencement of any annuity
9 payments shall be equal to an accumulation up to such time at an
10 annual rate of interest determined under subsections (d) and (e) of the
11 net considerations as set forth in subsection (c) paid prior to such time,
12 decreased by the sum of the following:
13 (1) Any prior withdrawals from or partial surrenders of the
14 annuity contract accumulated at an annual rate of interest
15 determined under subsections (d) and (e).
16 (2) The amount of any indebtedness to the company on the
17 annuity contract, including interest due and accrued.
EH 1238—LS 7172/DI 137 2
1 (3) An annual contract charge of fifty dollars ($50), accumulated
2 at the annual rate of interest determined under subsections (d) and
3 (e).
4 (c) The net considerations for a given contract year used to define
5 the minimum nonforfeiture amount shall be an amount equal to
6 eighty-seven and one-half percent (87.5%) of the gross considerations
7 credited to the annuity contract during that contract year.
8 (d) Except as provided in subsection (e), the interest rate used in
9 determining minimum nonforfeiture amounts is an annual rate of
10 interest determined under either of the following methods:
11 (1) The five-year constant maturity treasury rate, rounded to the
12 nearest five-hundredths of one percent (0.05%), as reported by the
13 Federal Reserve as of a date specified in the annuity contract.
14 Reduce this amount by one hundred twenty-five (125) basis
15 points.
16 (2) An average of the five-year constant maturity treasury rate as
17 reported by the Federal Reserve, rounded to the nearest
18 five-hundredths of one percent (0.05%), over a specified period
19 as set forth in the annuity contract. Reduce this amount by one
20 hundred twenty-five (125) basis points.
21 The date under subdivision (1) or the average period used under
22 subdivision (2) may not be longer than fifteen (15) months before the
23 annuity contract issue date or the redetermination date as determined
24 under subsection (f).
25 (e) If the rate of interest determined under subsection (d) is:
26 (1) less than one percent (1%), the interest rate used in
27 determining minimum nonforfeiture amounts is fifteen
28 one-hundredths of one percent (1%); (0.15%); or
29 (2) greater than three percent (3%), the interest rate used in
30 determining minimum nonforfeiture amounts is three percent
31 (3%).
32 (f) The interest rate determined under subsections (d) and (e)
33 applies for an initial period and may be redetermined for subsequent
34 periods. The redetermination date, basis, and period, if any, must be
35 specified in the annuity contract. The basis is:
36 (1) the date; or
37 (2) an average calculated over a specified period;
38 that produces the value of the five-year constant maturity treasury rate
39 reported by the Federal Reserve to be used at each redetermination
40 date.
41 (g) During the period or term that an annuity contract provides
42 substantive participation in an equity index benefit, the contract may
EH 1238—LS 7172/DI 137 3
1 increase the basis point reduction described in subsection (d) by not
2 more than an additional one hundred (100) basis points to reflect the
3 value of the equity index benefit. The present value at the annuity
4 contract issue date, and at each redetermination date after the annuity
5 contract issue date, of the additional reduction may not exceed the
6 market value of the benefit. The commissioner may require a
7 demonstration that the present value of the additional reduction does
8 not exceed the market value of the benefit. If the demonstration is not
9 acceptable to the commissioner, the commissioner may disallow or
10 limit the additional reduction.
11 (h) The commissioner may adopt rules under IC 4-22-2 to provide
12 for further adjustments to the calculation of minimum nonforfeiture
13 amounts for:
14 (1) annuity contracts that provide participation in an equity index
15 benefit; and
16 (2) other annuity contracts for which the commissioner
17 determines adjustments are justified.
18 SECTION 2. IC 27-1-15.7-2, AS AMENDED BY P.L.196-2021,
19 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2022]: Sec. 2. (a) Except as provided in subsection (b), to
21 renew a license issued under IC 27-1-15.6, a resident insurance
22 producer must complete at least twenty-four (24) hours of credit in
23 continuing education courses, not more than four (4) hours of which
24 may be in courses concerning one (1) or a combination of the
25 following:
26 (1) Sales promotion.
27 (2) Sales technique.
28 (3) Motivation.
29 (4) Psychology.
30 (5) Time management.
31 If the insurance producer has a qualification described in
32 IC 27-1-15.6-7(a)(1), IC 27-1-15.6-7(a)(2), or IC 27-1-15.6-7(a)(5), for
33 a license renewal that occurs after June 30, 2014, at least three (3) of
34 the hours of credit required by this subsection must be related to ethical
35 practices in the marketing and sale of life, health, or annuity insurance
36 products. An attorney in good standing who is admitted to the practice
37 of law in Indiana and holds a license issued under IC 27-1-15.6 may
38 complete all or any number of hours of continuing education required
39 by this subsection by completing an equivalent number of hours in
40 continuing legal education courses that are related to the business of
41 insurance.
42 (b) Except as provided in subsection (c), to renew a license issued
EH 1238—LS 7172/DI 137 4
1 under IC 27-1-15.6, a limited lines producer with a title qualification
2 under IC 27-1-15.6-7(a)(8) must complete at least seven (7) hours of
3 credit in continuing education courses related to the business of title
4 insurance, with at least one (1) hour of instruction in a structured
5 setting or comparable self-study, in each any of the following or any
6 combination of the following:
7 (1) Ethical practices in the marketing and selling of title
8 insurance, including provisions of the Dodd-Frank Wall Street
9 Reform and Consumer Protection Act set forth in 12 U.S.C.
10 2608.
11 (2) Title insurance underwriting.
12 (3) Escrow issues. matters.
13 (4) Principles of the federal Real Estate Settlement Procedures
14 Act (12 U.S.C. 2608). Matters concerning regulation by the
15 department.
16 (5) Any other topic related to the marketing and selling of title
17 insurance.
18 An attorney in good standing who is admitted to the practice of law in
19 Indiana and holds a license issued under IC 27-1-15.6 with a title
20 qualification under IC 27-1-15.6-7(a)(8) may complete all or any
21 number of hours of continuing education required by this subsection by
22 completing an equivalent number of hours in continuing legal
23 education courses related to the business of title insurance or any
24 aspect of real property law.
25 (c) The following insurance producers are not required to complete
26 continuing education courses to renew a license under this chapter:
27 (1) A limited lines producer who is licensed without examination
28 under IC 27-1-15.6-18(1).
29 (2) A limited line credit insurance producer.
30 (3) A nonresident limited lines producer with a title qualification:
31 (A) whose home state requires continuing education for a title
32 qualification; and
33 (B) who has met the continuing education requirements
34 described in clause (A).
35 (d) Except as provided in section 2.2 of this chapter, to satisfy the
36 requirements of subsection (a) or (b), a licensee may use only those
37 credit hours earned in continuing education courses completed by the
38 licensee:
39 (1) after the effective date of the licensee's last renewal of a
40 license under this chapter; or
41 (2) if the licensee is renewing a license for the first time, after the
42 date on which the licensee was issued the license under this
EH 1238—LS 7172/DI 137 5
1 chapter.
2 (e) If an insurance producer receives qualification for a license in
3 more than one (1) line of authority under IC 27-1-15.6, the insurance
4 producer may not be required to complete a total of more than
5 twenty-four (24) hours of credit in continuing education courses to
6 renew the license.
7 (f) Except as provided in subsection (g), a licensee may receive
8 credit only for completing the following continuing education courses:
9 (1) Continuing education courses that have been approved by the
10 commissioner under section 4 of this chapter.
11 (2) Continuing education courses that are required for the licensee
12 under IC 27-19-4-14.
13 (g) A licensee who teaches a course approved by the commissioner
14 under section 4 of this chapter shall receive continuing education credit
15 for teaching the course.
16 (h) When a licensee renews a license issued under this chapter, the
17 licensee must submit:
18 (1) a continuing education statement that:
19 (A) is in a format authorized by the commissioner;
20 (B) is signed by the licensee under oath; and
21 (C) lists the continuing education courses completed by the
22 licensee to satisfy the continuing education requirements of
23 this section; and
24 (2) any other information required by the commissioner.
25 (i) A continuing education statement submitted under subsection (h)
26 may be reviewed and audited by the department.
27 (j) A licensee shall retain a copy of the original certificate of
28 completion received by the licensee for completion of a continuing
29 education course.
30 (k) A licensee who completes a continuing education course that:
31 (1) is approved by the commissioner under section 4 of this
32 chapter;
33 (2) is held in a classroom setting; and
34 (3) concerns ethics;
35 shall receive continuing education credit not to exceed four (4) hours
36 in a renewal period.
37 SECTION 3. IC 27-1-30.4 IS ADDED TO THE INDIANA CODE
38 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
39 JULY 1, 2022]:
40 Chapter 30.4. Group Property and Casualty Insurance for
41 Permitted Groups
42 Sec. 1. As used in this chapter, "permitted group" means a
EH 1238—LS 7172/DI 137 6
1 group of ten (10) or more commercial, business, or not-for-profit
2 entities that have a preexisting relationship to one another
3 through:
4 (1) a common trade;
5 (2) an association;
6 (3) an affiliation; or
7 (4) another organizational relationship that is separate and
8 distinct from any group insurance arrangement of the group.
9 Sec. 2. As used in this chapter, "property and casualty
10 insurance" means one (1) or more of the types of insurance
11 described in IC 27-1-5-1, Class 2 and Class 3.
12 Sec. 3. As used in this chapter, "property and casualty insurance
13 company" means a company authorized to make one (1) or more
14 types of property or casualty insurance.
15 Sec. 4. (a) An insurer authorized under IC 27-1-3-20 to transact
16 business as a property and casualty insurance company may
17 provide property and casualty insurance to a permitted group on
18 a group basis.
19 (b) A policy may not be issued or renewed to provide group
20 coverage under this chapter to a group that includes fewer than ten
21 (10) commercial, business, or not-for-profit entities as part of the
22 group.
23 Sec. 5. The commissioner may adopt rules under IC 4-22-2 to
24 implement and administer this chapter.
25 SECTION 4. IC 27-5.1-2-6 IS AMENDED TO READ AS
26 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 6. A farm mutual
27 insurance company with an annual direct written premium of more than
28 ten million dollars ($10,000,000) fifteen million dollars ($15,000,000)
29 may not function as a farm mutual insurance company and shall be
30 regulated as a domestic mutual insurance company described in
31 IC 27-1-6-15.
32 SECTION 5. IC 27-8-14.8-3, AS AMENDED BY P.L.36-2020,
33 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34 JULY 1, 2022]: Sec. 3. (a) As used in this section, "follow-up
35 colonoscopy" means a colonoscopy that is performed as a
36 follow-up to a colorectal cancer screening test, other than a
37 colonoscopy, that is assigned a grade of "A" or "B" by the United
38 States Preventive Services Task Force and for which the result was
39 positive.
40 (a) (b) Except as provided in subsection (d), (e), an insurer shall
41 provide coverage for colorectal cancer examinations and laboratory
42 tests for cancer for any nonsymptomatic insured in any accident and
EH 1238—LS 7172/DI 137 7
1 sickness insurance policy that the insurer issues in Indiana or issues for
2 delivery in Indiana. Except as provided in subsection (f), covered
3 services must include:
4 (1) a colorectal cancer screening test assigned either an "A"
5 or "B" grade by the United States Preventive Services Task
6 Force; and
7 (2) a follow-up colonoscopy.
8 (b) (c) For an insured who is:
9 (1) at least forty-five (45) years of age; or
10 (2) less than forty-five (45) years of age and at high risk for
11 colorectal cancer;
12 the coverage required under this section must meet the requirements set
13 forth in subsection (c), (d), except as provided in subsection (e). (f).
14 (c) (d) An insured may not be required to pay an additional annual
15 deductible or coinsurance for the colorectal cancer examination and
16 laboratory testing benefit required by this section that is greater than an
17 annual deductible or coinsurance established for similar benefits under
18 the accident and sickness insurance policy under which the insured is
19 covered. If the accident and sickness insurance policy does not cover
20 a similar benefit, a deductible or coinsurance for the colorectal cancer
21 examination and laboratory testing benefit may not be set at a level that
22 materially diminishes the value of the colorectal cancer examination
23 and laboratory testing benefit.
24 (d) (e) In the case of an accident and sickness insurance policy that
25 is not employer based, the insurer shall offer to provide the coverage
26 described in this section.
27 (e) (f) The requirements imposed under this section do not apply to
28 A high deductible health plan, as defined by Section 223 of the Internal
29 Revenue Code, High deductible health plans described in this
30 subsection may not excuse a deductible requirement with respect to
31 colorectal cancer screening in a manner inconsistent with Section
32 223(c)(2)(C) of the Internal Revenue Code. The requirements
33 imposed under subsection (b)(2) do not apply to grandfathered
34 health plans as defined in 45 CFR 147.140.
35 SECTION 6. IC 27-13-7-17, AS AMENDED BY P.L.36-2020,
36 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37 JULY 1, 2022]: Sec. 17. (a) As used in this section, "colorectal cancer
38 testing" means examinations and laboratory tests for cancer for any
39 nonsymptomatic enrollee.
40 (b) As used in this section, "follow-up colonoscopy" means a
41 colonoscopy that is performed as a follow-up to a colorectal cancer
42 screening test, other than a colonoscopy, that is assigned a grade of
EH 1238—LS 7172/DI 137 8
1 "A" or "B" by the United States Preventive Services Task Force
2 and for which the result was positive.
3 (b) (c) Except as provided in subsection (e), (f), a health
4 maintenance organization issued a certificate of authority in Indiana
5 shall provide colorectal cancer testing, including:
6 (1) a colorectal cancer screening test assigned either an "A"
7 or "B" grade by the United States Preventive Services Task
8 Force; and
9 (2) a follow-up colonoscopy.
10 as a covered service under every group contract that provides coverage
11 for basic health care services.
12 (c) (d) For an enrollee who is:
13 (1) at least forty-five (45) years of age; or
14 (2) less than forty-five (45) years of age and at high risk for
15 colorectal cancer;
16 the colorectal cancer testing required under this section must meet the
17 requirements set forth in subsection (d), (e), except as provided in
18 subsection (f). (g).
19 (d) (e) An enrollee may not be required to pay a copayment for the
20 colorectal cancer testing benefit required by this section that is greater
21 than a copayment established for similar benefits under the group
22 contract under which the enrollee is entitled to services. If the group
23 contract does not cover a similar covered service, the copayment for the
24 colorectal cancer testing benefit may not be set at a level that materially
25 diminishes the value of the colorectal cancer testing benefit.
26 (e) (f) In the case of coverage that is not employer based, the health
27 maintenance organization is required only to offer to provide colorectal
28 cancer testing as a covered service under a proposed group contract
29 providing coverage for basic health care services.
30 (f) (g) The requirements imposed under this section do not apply to
31 A high deductible health plan, as defined by Section 223 of the Internal
32 Revenue Code, High deductible health plans described in this
33 subsection may not excuse a deductible requirement with respect to
34 colorectal cancer screening in a manner inconsistent with Section
35 223(c)(2)(C) of the Internal Revenue Code. The requirements
36 imposed under subsection (c)(2) do not apply to grandfathered
37 health plans as defined in 45 CFR 147.140.
EH 1238—LS 7172/DI 137 9
COMMITTEE REPORT
Mr. Speaker: Your Committee on Financial Institutions and
Insurance, to which was referred House Bill 1238, has had the same
under consideration and begs leave to report the same back to the
House with the recommendation that said bill be amended as follows:
Page 4, delete lines 33 through 35.
Page 5, between lines 37 and 38, begin a new paragraph and insert:
"SECTION 3. IC 27-1-30.4 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]:
Chapter 30.4. Commercial Group Property and Casualty
Insurance
Sec. 1. As used in this chapter, "property and casualty
insurance" means the types of insurance described in IC 27-1-5-1,
Class 2 and Class 3.
Sec. 2. As used in this chapter, "property and casualty insurance
company" means a company authorized to make one (1) or more
types of property or casualty insurance.
Sec. 3. An insurer authorized under IC 27-1-3-20 to transact
business as a property and casualty insurance company may
provide commercial property and casualty insurance coverage on
a group basis.
Sec. 4. The commissioner may adopt rules under IC 4-22-2 to
implement and administer this chapter.".
Page 6, delete lines 41 through 42, begin a new paragraph and
insert:
"SECTION 7. IC 27-5.1-2-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 6. A farm mutual
insurance company with an annual direct written premium of more than
ten million dollars ($10,000,000) fifteen million dollars ($15,000,000)
may not function as a farm mutual insurance company and shall be
regulated as a domestic mutual insurance company described in
IC 27-1-6-15.".
Delete pages 7 through 8.
Page 9, delete lines 1 through 21, begin a new paragraph and insert:
"SECTION 8. IC 27-8-14.8-3, AS AMENDED BY P.L.36-2020,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 3. (a) As used in this section, "follow-up
colonoscopy" means a colonoscopy that is performed as a
follow-up to a colorectal cancer screening test, other than a
colonoscopy, that is assigned a grade of "A" or "B" by the United
States Preventive Services Task Force and for which the result was
EH 1238—LS 7172/DI 137 10
positive.
(a) (b) Except as provided in subsection (d), (e), an insurer shall
provide coverage for colorectal cancer examinations and laboratory
tests for cancer for any nonsymptomatic insured in any accident and
sickness insurance policy that the insurer issues in Indiana or issues for
delivery in Indiana. Except as provided in subsection (f), covered
services must include:
(1) a colorectal cancer screening test assigned either an "A"
or "B" grade by the United States Preventive Services Task
Force; and
(2) a follow-up colonoscopy.
(b) (c) For an insured who is:
(1) at least forty-five (45) years of age; or
(2) less than forty-five (45) years of age and at high risk for
colorectal cancer;
the coverage required under this section must meet the requirements set
forth in subsection (c), (d), except as provided in subsection (e). (f).
(c) (d) An insured may not be required to pay an additional annual
deductible or coinsurance for the colorectal cancer examination and
laboratory testing benefit required by this section that is greater than an
annual deductible or coinsurance established for similar benefits under
the accident and sickness insurance policy under which the insured is
covered. If the accident and sickness insurance policy does not cover
a similar benefit, a deductible or coinsurance for the colorectal cancer
examination and laboratory testing benefit may not be set at a level that
materially diminishes the value of the colorectal cancer examination
and laboratory testing benefit.
(d) (e) In the case of an accident and sickness insurance policy that
is not employer based, the insurer shall offer to provide the coverage
described in this section.
(e) (f) The requirements imposed under this section do not apply to
A high deductible health plan, as defined by Section 223 of the Internal
Revenue Code, High deductible health plans described in this
subsection may not excuse may impose a deductible requirement with
respect to colorectal cancer screening in a manner for a follow-up
colonoscopy if the requirements imposed under subsection (b)(2)
would be inconsistent with Section 223(c)(2)(C) of the Internal
Revenue Code.
SECTION 9. IC 27-13-7-17, AS AMENDED BY P.L.36-2020,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 17. (a) As used in this section, "colorectal cancer
testing" means examinations and laboratory tests for cancer for any
EH 1238—LS 7172/DI 137 11
nonsymptomatic enrollee.
(b) As used in this section, "follow-up colonoscopy" means a
colonoscopy that is performed as a follow-up to a colorectal cancer
screening test, other than a colonoscopy, that is assigned a grade of
"A" or "B" by the United States Preventive Services Task Force
and for which the result was positive.
(b) (c) Except as provided in subsection (e), (f), a health
maintenance organization issued a certificate of authority in Indiana
shall provide colorectal cancer testing, including:
(1) a colorectal cancer screening test assigned either an "A"
or "B" grade by the United States Preventive Services Task
Force; and
(2) a follow-up colonoscopy.
as a covered service under every group contract that provides coverage
for basic health care services.
(c) (d) For an enrollee who is:
(1) at least forty-five (45) years of age; or
(2) less than forty-five (45) years of age and at high risk for
colorectal cancer;
the colorectal cancer testing required under this section must meet the
requirements set forth in subsection (d), (e), except as provided in
subsection (f). (g).
(d) (e) An enrollee may not be required to pay a copayment for the
colorectal cancer testing benefit required by this section that is greater
than a copayment established for similar benefits under the group
contract under which the enrollee is entitled to services. If the group
contract does not cover a similar covered service, the copayment for the
colorectal cancer testing benefit may not be set at a level that materially
diminishes the value of the colorectal cancer testing benefit.
(e) (f) In the case of coverage that is not employer based, the health
maintenance organization is required only to offer to provide colorectal
cancer testing as a covered service under a proposed group contract
providing coverage for basic health care services.
(f) (g) The requirements imposed under this section do not apply to
A high deductible health plan, as defined by Section 223 of the Internal
Revenue Code, High deductible health plans described in this
subsection may not excuse may impose a deductible requirement with
respect to colorectal cancer screening in a manner for a follow-up
colonoscopy if the requirements imposed under subsection (c)(2)
would be inconsistent with Section 223(c)(2)(C) of the Internal
Revenue Code.".
EH 1238—LS 7172/DI 137 12
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to HB 1238 as introduced.)
CARBAUGH
Committee Vote: yeas 12, nays 0.
_____
COMMITTEE REPORT
Madam President: The Senate Committee on Insurance and
Financial Institutions, to which was referred House Bill No. 1238, has
had the same under consideration and begs leave to report the same
back to the Senate with the recommendation that said bill be
AMENDED as follows:
Page 4, between lines 15 and 16, begin a new line block indented
and insert:
"(5) Any other topic related to the marketing and selling of
title insurance.".
Page 5, line 38, delete "Commercial".
Page 5, line 39, after "Insurance" insert "for Permitted Groups".
Page 5, between lines 39 and 40, begin a new paragraph and insert:
"Sec. 1. As used in this chapter, "permitted group" means a
group of ten (10) or more commercial, business, or not-for-profit
entities that have a preexisting relationship to one another
through:
(1) a common trade;
(2) an association;
(3) an affiliation; or
(4) another organizational relationship that is separate and
distinct from any group insurance arrangement of the
group.".
Page 5, line 40, delete "1." and insert "2.".
Page 5, line 41, after "means" insert "one (1) or more of".
Page 6, line 1, delete "2." and insert "3.".
Page 6, line 4, delete "3." and insert "4. (a)".
Page 6, line 6, delete "commercial".
Page 6, line 6, delete "coverage" and insert "to a permitted group".
Page 6, between lines 7 and 8, begin a new paragraph and insert:
EH 1238—LS 7172/DI 137 13
"(b) A policy may not be issued or renewed to provide group
coverage under this chapter to a group that includes fewer than ten
(10) commercial, business, or not-for-profit entities as part of the
group.".
Page 6, line 8, delete "4." and insert "5.".
Page 6, delete lines 10 through 42.
Page 7, delete lines 1 through 12.
Page 8, strike line 16.
Page 8, line 17, strike "Revenue Code,".
Page 8, line 18, delete "may impose".
Page 8, line 18, strike "a deductible requirement".
Page 8, line 19, delete "for a follow-up".
Page 8, delete line 20.
Page 8, line 21, delete "would be".
Page 8, line 21, strike "inconsistent with Section 223(c)(2)(C) of the
Internal".
Page 8, line 22, strike "Revenue Code." and insert "The
requirements imposed under subsection (b)(2) do not apply to
grandfathered health plans as defined in 45 CFR 147.140.".
Page 9, strike line 19.
Page 9, line 20, strike "Revenue Code,".
Page 9, line 21, delete "may impose".
Page 9, line 21, strike "a deductible requirement".
Page 9, line 22, delete "for a follow-up".
Page 9, delete line 23.
Page 9, line 24, delete "would be".
Page 9, line 24, strike "inconsistent with Section 223(c)(2)(C) of the
Internal".
Page 9, line 25, strike "Revenue Code." and insert "The
requirements imposed under subsection (c)(2) do not apply to
grandfathered health plans as defined in 45 CFR 147.140.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to HB 1238 as printed January 18, 2022.)
ZAY, Chairperson
Committee Vote: Yeas 8, Nays 0.
EH 1238—LS 7172/DI 137