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Regular Session, 2012
SENATE BILL NO. 644
BY SENATOR DONAHUE
INSURERS. Provides for self-funded multiple employer welfare arrangements doing
business in the state. (gov sig)
AN ACT1
To amend and reenact R.S. 22:453(B), 454(A), 458, 459, 461(B),(C), (D), (E), (F), (G), and2
(H), and 463, enact R.S. 22:462(H), and to repeal R.S. 22:454(C) and (D) and 461(I),3
relative to group self-insurers; to provide for application for certificates of authority;4
to provide for fidelity bonds and insolvency of deposits; to provide for self-insured5
trusts; to provide for excess stop-loss coverage; to provide for annual audits,6
examinations by the commissioner, and issuance of annual reports; and to provide7
for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 22:453(B), 454(A), 458, 459, 461(B), (C), (D), (E), (F), (G),and (H),10
and 463 are hereby amended and reenacted and R.S. 22:462(H) is hereby enacted to read as11
follows:12
§453. Certificate of authority 13
* * *14
B. Each application for a certificate of authority shall be made on forms15
prescribed by the commissioner, shall be verified by the self-insurer or its authorized16
representative, and shall set forth or be accompanied by all of the following items:17 SB NO. 644
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(1) A copy of the plan's self-insurer's bylaws and all management,1
administration, or trust agreements which the plan has made or proposes to make for2
the conduct of its business and affairs. Any proposed change or amendment to the3
foregoing shall also be filed with the commissioner within sixty days of its4
implementation.5
(2) A list of names, permanent addresses, and official positions, if any, of the6
persons responsible for the formation of the self-insurer and for the organization,7
establishment, administration, and maintenance of the self-insurance plan.8
(3) Biographical background information, on a form prescribed by the9
commissioner for each person who controls, directly or indirectly, ten percent10
or more of the self-insurer and for each director and officer of the self-insurer.11
(4) A plan of operation which clearly indicates the method of operation12
of the self-insurer including all of the following items:13
(a) The types and limits of insurance to be provided.14
(b) Pro forma financial statements for a period covering three years,15
which shall include a balance sheet, income statement, and cash flow statement.16
(c) The amount and liquidity of its assets relative to the risks to be17
assumed by the self-insurer.18
(d) The expertise, experience, and character of the persons or entities19
which will manage the self-insurer.20
(e) A description of the self-insurer's stop-loss or excess program.21
(f) A description of the self-insurer's underwriting policy, including the22
person or entity which will perform these functions.23
(g) A description of the self-insurer's claims handling procedures,24
including the person or entity which will perform these functions.25
(h) A description of the self-insurer's investment policy.26
(i) The overall soundness of the plan of operation of the self-insurer.27
(j) A description of the self-insurer's rate-making policies and28
procedures.29 SB NO. 644
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(5) A feasibility study or other analysis involving the self-insurance plan1
prepared by a qualified actuary.2
(3) (6)A copy of the application for coverage, contract, certificate, or policy3
of insurance or schedules of benefits to be issued or provided to persons covered4
under the self-insurance plan.5
(4) (7) A current financial statement verified by the applicant or its6
authorized representative showing the applicant's assets, liabilities, and sources of7
financial means and support.8
(8) A copy of a fidelity bond which bond shall comply with all of the9
following:10
(a) Provides protection to the self-insurer against acts of fraud or11
dishonesty by persons servicing the self-insurer.12
(b) The bond shall provide coverage for each person responsible for13
servicing the self-insurer.14
(c) The bond shall be in an amount equal to the greater of ten percent of15
the premiums and contributions received by the self-insurer or ten percent of16
the benefits paid, during the preceding calendar year, with a minimum amount17
of ten thousand dollars and a maximum amount of five hundred thousand18
dollars.19
(5) (9) A copy of all advertising and marketing materials, including the20
marketing plan.21
(10) A statement by the self-insurer certifying that the self-insurance22
plan is in compliance with all applicable provisions of the Employee Retirement23
Income Security Act of 1974 (29 U.S.C. §1001 et seq.).24
* * *25
§454. Insolvency deposit26
A. Prior to the issuance of any All self-insurers shall, before receiving a27
certificate of authority, under this Subpart, each applicant shall deposit with the28
commissioner safekeeping receipts or trust receipts from insured banking or other29 SB NO. 644
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financial institutions a safekeeping or trust receipt from a bank doing business1
within the state or from a savings and loan association chartered to do business2
in this state indicating that the self-insurer has deposited cash, or bonds of the3
United States, the state of Louisiana, evidencing that the applicant has deposited4
with said institutions one million dollars, or such other amount as may be authorized5
by Subsection E of this Section, in cash to guarantee its financial responsibility. No6
single deposit shall exceed the insured deposit limit of any such banking or financial7
institution. or any political subdivision of the state, of the par value of not less8
than the greater of either one of the following items:9
(1) One hundred thousand dollars.10
(2) Thirty percent of the self-insurers outstanding Louisiana-related11
reserve liabilities. For the purposes of this Subsection, reserve liabilities shall12
be computed with proper regard for the following items:13
(a) Known claims paid and outstanding.14
(b) A history of incurred but not reported claims.15
(c) Claims handling expenses.16
(d) Unearned premium.17
(e) An estimate for bad debts.18
(f) A trend factor.19
(g) A margin for error.20
All securities deposited pursuant to this Subsection shall be held in trust21
for the benefit and protection of and as security for all policyholders of the22
self-insurer making such deposit.23
* * *24
* * *25
§458. Self-insured trusts26
The following requirements shall be met in addition to all other provisions27
of this Subpart where any self-insurance plan is effected, maintained, and operated28
under a trust agreement:29 SB NO. 644
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(1) A self-insurer shall maintain at all times unimpaired net assets of not1
less than one million dollars. The net assets required to be maintained pursuant2
to this Section shall be in the form of cash, cash equivalents, or bonds or3
evidences of indebtedness which are direct general obligations or which are4
secured or guaranteed as to principal and interest by the government of the5
United States, or any state of the United States.6
(2) The employers in the self-insurance plan shall be members of an7
association or group of five or more businesses that are in the same trade or8
industry, including closely related businesses that provide support, services, or9
supplies primarily to that trade or industry.10
(1) (3) A board of trustees elected by participating employers shall serve as11
fund managers on behalf of participants. Trustees shall be plan participants. No12
participating employer may be represented by more than one trustee. A minimum of13
three and a maximum of seven trustees may be elected. Trustees may not receive14
compensation but may be reimbursed for actual expenses incurred in connection with15
duties as trustee.16
(2) (4) Trustees shall be bonded in an amount not less than one hundred fifty17
thousand dollars from a licensed surety company.18
(3) (5) Investment of plan funds is subject to the same restrictions which are19
applicable to insurers under this Title. All investments shall be managed by a bank20
or other financial institution chartered in the state of Louisiana.21
§459. Excess stop-loss coverage22
A. Each self-insurance plan shall include aggregate excess stop loss coverage23
and specific excess stop-loss coverage provided by an insurer licensed by the state24
of Louisiana. Aggregate excess stop-loss coverage shall include provisions to cover25
incurred, unpaid claims liability in the event of plan termination. The excess or stop26
loss insurer shall bear the risk of coverage for any employer participating in the self27
insurance plan that becomes insolvent with outstanding contributions due. The plan28
shall have a participating employer's fund in an amount at least equal to the point at29 SB NO. 644
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which the excess or stop loss insurer shall assume one hundred percent of additional1
liability. A plan shall submit its proposed excess or stop loss insurance contract to2
the commissioner at least thirty days prior to the proposed self-insurance plan's3
effective date and at least thirty days subsequent to any renewal date. The4
commissioner shall review the contract to determine whether it meets the standards5
established by this Section and shall respond within thirty days of its submission to6
him. Any excess or stop loss insurance plan must provide coverage with rates not7
subject to adjustment by the insurer during the first twelve months.8
B. The self-insurer shall possess a written commitment, binder, or policy9
for stop-loss insurance issued by an insurer authorized to do business in this10
state and that the commitment, binder, or policy provides all of the following11
items:12
(1) At least thirty days' notice to the commissioner of any cancellation or13
nonrenewal of coverage.14
(2) Both specific and aggregate coverage with an aggregate retention of15
not more than one-hundred twenty-five percent of the amount of expected16
claims for the next plan year and a specific retention amount annually17
determined by the actuarial opinion required by R.S. 22:463(B).18
(3) Both the specific and aggregate coverage required in Paragraph (2)19
of this Subsection shall require all claims to be submitted no less than within20
ninety days after the claim is incurred and provide a twelve-month claims21
incurred period and at least a fifteen-month paid claims period for each policy22
year.23
C. On the application of a self-insurer, the commissioner may waive or24
reduce the requirement for aggregate stop-loss insurance coverage required by25
this Section on a determination that the interests of the participating employers26
and employees are adequately protected based on the level of aggregate stop-27
loss insurance recommended by the actuary as required by R.S. 22:463(B).28
* * *29
§461. Annual audit; rate review30 SB NO. 644
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* * *1
B. This Section shall apply to all self-insurers.; however, a self-insurer having2
direct premiums in this state of less than two hundred fifty thousand dollars in any3
year and having less than five hundred policyholders in this state at the end of any4
year shall be exempt from this Section for such year unless the commissioner makes5
a specific finding that compliance is necessary for the commissioner to carry out6
statutory responsibilities.7
C. The audit report required in this Section shall be filed with the8
commissioner on or before the thirtieth day of the sixth month following the year end9
of the self-insurer. Up to two thirty-day extensions may be granted by the10
commissioner upon showing by the self-insurer and its independent certified public11
accountant of the reasons for requesting such extension and upon determination by12
the commissioner of good cause for an extension. The request for extension shall be13
submitted in writing not less than ten days prior to the due date in sufficient detail14
to permit the commissioner to make an informed decision with respect to the15
requested extension.16
D. The annual audited financial statement shall report the financial condition17
of the self-insurer as of the end of the most recent fiscal or calendar year and the18
results of its operations, changes in financial position, and changes in capital and19
surplus for the year then ended in conformity with statutory generally accepted20
accounting practices prescribed, or otherwise permitted, by the Department of21
Insurance of the state of domicile of the self-insurer.22
E. The annual audited financial report shall include the following items:23
(1) Report The report of the independent certified public accountant.24
(2) Balance A balance sheet reporting admitted assets, liabilities, capital, and25
surplus net assets.26
(3) Statement A statement of gain or loss from operations.27
(4) State A statement of cash flows.28
(5) Statement A statement of changes in capital and surplus net assets.29
(6) Notes to financial statements. These notes shall be those required by30 SB NO. 644
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generally accepted accounting principles and shall include the following items:1
(a) A reconciliation of difference, if any, between the audited statutory2
financial statements and the annual statement filed pursuant to this Subpart with a3
written description of the nature of these differences.4
(b) A narrative explanation of all significant intercompany transactions and5
balances.6
(7) The financial statements included in the audited financial report shall be7
prepared in a form and using language and groupings substantially the same as the8
relevant sections of the annual statement of the insurer filed with the commissioner,9
and:10
(a) The financial statement shall be comparative.11
(b) Amounts may be rounded to the nearest thousand dollars.12
(c) Insignificant amounts may be combined.13
F. Financial statements furnished pursuant to this Section shall be audited by14
an independent certified public accountant. The audit of the self-insurer's financial15
statements shall be conducted in accordance with generally accepted auditing16
standards.17
G. Every self-insurer required to file an audited financial report pursuant to18
this Subpart shall require the accountant to make available for review by the19
commissioner, the work papers prepared in the conduct of his audit. The self-insurer20
shall require that the accountant retain the audit work papers for a period of not less21
than five years after the period reported thereon.22
H. In the conduct of the aforementioned review by the commissioner,23
photocopies of pertinent audit work papers may be made and retained by the24
department. Such working papers or copies thereof obtained by the commissioner25
shall be confidential and shall not constitute a public record. The work papers of a26
certified public accountant subject to maintenance and audit pursuant to this Section27
shall nonetheless remain the property of the certified public accountant.28
* * *29
§462. Examination by commissioner30 SB NO. 644
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* * *1
H. In lieu of an examination under this Section of any foreign2
self-insurer licensed in this state, the commissioner may accept an examination3
report on the self-insurer as prepared by the department for the self-insurer's4
state of domicile if the insurance department was, at the time of the5
examination, accredited under the National Association of Insurance6
Commissioners' Financial Regulation Standards and Accreditation Program7
and the examination is performed under the supervision of an accredited state8
insurance department, or with the participation of one or more examiners who9
are employed by that accredited state insurance department, and who, after a10
review of the examination work papers and report, state under oath that the11
examination was performed in a manner consistent with the standards and12
procedures required by their insurance department.13
§463. Annual reports; actuarial opinions14
A. Each self-insurer shall file on or before the first day of March of each year15
an annual auditor's statement and an annual report signed by the person in charge of16
the self-insurance plan which shall certify the amount of gross annual premiums or17
contributions of the participating employe rs and their employees for the preceding18
year, the financial condition of the plan, an itemization of plan expenditures, and any19
other information as may be required by the commissioner.20
B. A. Any plan established or maintained in the state to offer or provide21
health care services, indemnification, or payment for health care services, or health22
and accident benefits to employees under the provisions of the Employee Retirement23
Income Security Act of 1974 (29 U.S.C. §1001 et seq.) shall file, through the24
administrator or his designee, within two hundred ten days after the close of such25
year a certified copy of the annual report required pursuant to 29 U.S.C. §1023 with26
the commissioner. The filing required herein shall in no way purport to regulate or27
affect the plan or its benefits.28
B.(1) Each self-insurer shall file, within ninety days of the end of the29
fiscal year, an actuarial opinion prepared and certified by an actuary who meets30 SB NO. 644
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the following requirements:1
(a) The actuary is not an employee of the self-insurer.2
(b) The actuary is a fellow of the Society of Actuaries, a member of the3
American Academy of Actuaries, or an enrolled actuary under the Employee4
Retirement Income Security Act of 1974 (29 U.S.C. §1001 et seq.).5
(2) The actuarial opinion required under this Subsection shall include6
the following items:7
(a) A description of the actuarial soundness of the self-insurer, including8
any actions recommended to improve the actuarial soundness of the9
arrangement.10
(b) The amount of reserves recommended to be maintained by the11
arrangement.12
(c) The level of specific and aggregate stop-loss insurance recommended13
to be maintained by the arrangement.14
C. (1) Reserves required by this Section shall be computed with proper15
actuarial regard for the following items:16
(a) Known claims, paid and outstanding.17
(b) A history of incurred but not reported claims.18
(c) Claims handling expenses.19
(d) Unearned premium.20
(e) An estimate for bad debts.21
(f) A trend factor.22
(g) A margin for error.23
(2) Reserves required by this Section shall be maintained in cash, cash24
equivalents, or bonds or evidences of indebtedness which are direct general25
obligations or which are secured or guaranteed as to principal and interest by26
the government of the United States, or any state of the United States.27
* * *28
Section 2. R.S. 22:454(C) and (D) and 461(I) are hereby repealed.29
Section 3. This Act shall become effective upon signature by the governor or, if not30 SB NO. 644
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signed by the governor, upon expiration of the time for bills to become law without signature1
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If2
vetoed by the governor and subsequently approved by the legislature, this Act shall become3
effective on the day following such approval.4
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Cheryl Horne.
DIGEST
Present law relative to self-insurance plans, requires certain information be included in an
application for a certificate of authority to be filed with the commissioner in order for the
self-insurer to transact business or to issue or provide health care benefits in this state.
Proposed law requires that the application contain biographical information for each person
who controls ten percent or more of the self-insurer and for each director and officer of the
self-insurer. Requires that the application contain a plan of operation indicating the method
of operation of the self-insurer and include all of the following items:
1. The types and limits of insurance to be provided.
2. Pro forma financial statements for a period covering three years, which shall include
a balance sheet, income statement, and cash flow statement.
3. The amount and liquidity of its assets relative to the risks to be assumed by the
self-insurer.
4. The expertise, experience and character of the persons who will manage the
self-insurer.
5. A description of the self-insurer's stop-loss or excess program.
6. A description of the self-insurer's underwriting policy, including the person or entity
performing these functions.
7.A description of the self-insurer's claims handling procedures including the person
or entity performing these functions.
8. A description of the self-insurer's investment policy.
9. The overall soundness of the plan of operation of the self-insurer.
10.A description of the self-insurer's rate making policies and procedures.
11.A feasibility study, or other analysis, prepared by a qualified actuary.
12.A copy of a fidelity bond that is in an amount equal to the greater of ten percent of
the premiums and contributions received by the self-insurer or ten percent of the
benefits paid during the preceding calendar year, a minium amount of $10,000 and
a maximum amount of $500,000.
13.A statement by the self-insurer certifying that the self-insurance plan is in
compliance with all applicable provisions of ERISA. SB NO. 644
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Present law requires self-insurers, prior to receiving a certificate of authority, to deposit
safekeeping receipts or trust receipts from insured banking or other financial institutions
charted to do business in the state evidencing deposit one million dollars in such institutions
or such amount as may be authorized by law and that no single deposit exceed the insured
deposit limit of the banking or financial institution.
Proposed law requires all self-insurers, before receiving a certificate of authority, to deposit
a safekeeping or trust receipt from a bank doing business within the state or from a savings
and loan association chartered to do business in the state indicating that the self-insurer has
deposited cash, or bonds of the US, the state of Louisiana, or any political subdivision of the
state of the par value of not less than the greater of either $100,000 or 30% of the self-
insurers outstanding Louisiana-related reserve liabilities. Provides for computation of the
reserve liabilities. Further requires all securities deposited pursuant to proposed law to be
held in trust for the benefit and protection of and as security for all policyholders. Proposed
law also removes requirement that no single deposit exceed the insured deposit limit of the
respective financial institution.
Present law permits a self-insurer applying for a certificate of authority to deposit an
irrevocable letter or letters of credit in the amount of one million dollars in the aggregate in
lieu of the one million dollar aggregate deposit or deposits. Requires that each letter to be
issued for a term of three years which cannot be cancelled, and that it contain a provision
providing an automatic extension, renewal, or reissuance after the initial three-year term.
Provides that the commissioner, upon notice that the letter of credit will not be renewed, to
either convert the letter or letters of credit to a cash deposit by calling the funding or
payment in full accept a substitute letter or letters of credit, or convert the letters of credit
to a cash deposit and suspend the certificate of authority.
Proposed law repeals the authorization for letters of credit.
Present law prohibits any letter of credit from being revoked, cancelled, terminated,
substituted, or withdrawn by any issuing bank or financial institution without the written
approval of, and 90 days prior written notice to, the commissioner, by registered mail, return
receipt requested. Authorizes the commissioner to exercise the powers and options in
present law upon notice of a cancellation or revocation. Requires the commissioner to give
written notice of the option to be exercised to the issuing financial institution and the self-
insurer at least ten days prior to termination of the letters of credit. Requires the issuer of
the letter or letters of credit to fully fund the letter or letters of credit within 24 hours after
receipt of notice by the commissioner. Upon failure of a bank or financial institution to fund
any letter or letters of credit the commissioner may apply to the 19
th
JDC for a rule to show
cause why the letter or letters of credit should not be funded.
Proposed law repeals these provisions.
Present law provides requirements when a self-insurance plan is effected, maintained, and
operated under a trust agreement.
Proposed law provides additional requirements that the self-insurer maintain unimpaired net
assets of not less than one million dollars in the form of cash, cash equivalents, or bonds or
evidences of indebtedness which are direct general obligations or which are secured or
guaranteed as to principal and interest by the government of the U.S. or any state of the U.S.
Further requires employers in the self-insurance plan to be members of an association or
group of five or more businesses that are in the same trade or industry, including closely
related businesses that provide support, services or supplies primarily to that trade or
industry.
Present law requires that investment of self-insurance plan funds be subject to the same
restrictions applicable to insurers under the La. Insurance Code and that all investments be
managed by a bank or other financial institution chartered in this state. Proposed law retains
these provisions but removes the requirement that investments be managed by a bank or SB NO. 644
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other financial institution chartered in this state.
Present law requires the excess or stop-loss insurer to bear the risk of coverage for any
employer participating in the self-insurance plan that becomes insolvent with outstanding
contributions due and that the plan have a participating employer's fund in an amount at least
equal to the point at which the excess or stop loss insurer is to assume 100% of additional
liability. Proposed law removes this provision.
Proposed law requires the self-insurer to possess a written commitment, binder, or policy for
stop-loss insurance issued by an insurer authorized to do business in this state and that it
provide for all of the following:
1. At least 30 days' notice to the commissioner of any cancellation or nonrenewal of
coverage.
2. Both specific and aggregate coverage with an aggregate retention of not more than
125% of the amount of expected claims for the next plan year and a specific
retention amount annually determined by an actuarial opinion required in proposed
law.
3. Both the specific and aggregate coverage required in proposed law shall include all
claims to be submitted to no less than within 90 days after the claim is incurred and
have a 12-month claims incurred period and at least a 15 month paid claims period
for each policy year.
Proposed law authorizes the commissioner to waive or reduce the requirement for aggregate
stop-loss coverage on a determination that the interests of the participating employe rs and
employees are adequately protected based on the level of aggregate stop-loss insurance
recommended by an actuarial opinion.
Proposed law retains present law requirement for annual audits by licensed independent
certified public accountants of a self-insurer's financial statements reporting its financial
condition and results of operations. However, proposed law removes an exemption from this
requirement for a self-insurer having direct premiums in this state of less than $250,000 in
any year and having less than 500 policyholders in this state at the end of any year unless the
commissioner makes a specific finding that compliance is necessary.
Present law requires that the annual audited financial statement include the results of the
self-insurer's operations, changes in financial condition, changes in capital and surplus for
the year then ended in conformity with statutory accounting practices prescribed or permitted
by the department of insurance of the state of domicile of the self-insurer. Proposed law
provides that the statement be in conformity with generally accepted accounting practices
prescribed or permitted by the respective department of insurance.
Present law requires that the annual audited financial report include a balance sheet reporting
admitted assets, liabilities, capital, and surplus and a statement of changes in capital and
surplus. Proposed law removes requirement that the balance sheet include capital and
surplus and requires that net assets be included in the balance sheet and that there be a
statement of changes in net assets.
Proposed law removes authorization for a self-insurer, with the commissioner's approval,
to comply with annual audit requirements by filing the requisite reports provided that the
notes to the financial statements include a reconciliation of differences between income and
capital and surplus on the annual statement filed pursuant to comparable totals on the audited
financial statements, with a written description of the nature of these differences.
Proposed law provides that in lieu of an examination by the commissioner of any foreign
self-insurer licensed in the state, the commissioner may accept any examination report on
the self-insurer as prepared by the insurance department for the self-insurer's state of SB NO. 644
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domicile if that state department was, at the time of the examination, accredited under
NAIC's Financial Regulation Standards and Accreditation Program and the examination is
performed under the supervision of an accredited state insurance department, or with the
participation of one or more examiners who are employed by that department and who, after
a review of the examination work papers and report, state under oath that the examination
was performed in a manner consistent with the standards and procedures required by their
insurance department.
Present law requires each self-insurer to file an annual auditor's statement and an annual
report signed by the person in charge of the self-insurance plan on or before March 1
st
of
each year that certifies the amount of gross annual premiums or contributions of the
participating employers and their employees for the preceding year, the financial condition
of the plan, an itemization of plan expenditures, and any other information as may be
required by the commissioner. Proposed law deletes these provisions.
Proposed law requires each self-insurer to file, within 90 days of the end of the fiscal year,
an actuarial opinion prepared and certified by an actuary who meets the following
requirements:
1. The actuary is not an employee of the self-insurer.
2. The actuary is a fellow of the Society of Actuaries, a member of the American
Academy of Actuaries, or an enrolled actuary under ERISA.
Requires that the actuarial opinion include a description of the actuarial soundness of the
self-insurer, including any actions recommended to improve the actuarial soundness of the
arrangement, the amount of reserves recommended to be maintained by the arrangement, and
the level of specific and aggregate stop-loss insurance recommended to be maintained by the
arrangement.
Proposed law requires that reserves be computed with proper actuarial regard for known
claims, paid and outstanding; a history of incurred but not reported claims; claims handling
expenses; unearned premium; an estimate for bad debts; a trend factor; and a margin for
error.
Requires that reserves required under proposed law be maintained in cash, cash equivalents,
or bonds or evidences of indebtedness which are direct general obligations or which are
secured or guaranteed as to principal and interest by the government of the United States,
or any state of the United States.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 22:453(B), 454(A), 458, 459, 461(B), (C), (D), (E), (F), (G), and (H), and
463; adds R.S. 22:462(H); repeals R.S. 22:454(C) and (D) and 461(I))