SLS 12RS-1028 REENGROSSED Page 1 of 14 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. 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 SLS 12RS-1028 REENGROSSED Page 2 of 14 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. (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 that 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 SLS 12RS-1028 REENGROSSED Page 3 of 14 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. (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 SLS 12RS-1028 REENGROSSED Page 4 of 14 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. 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 §458. Self-insured trusts25 The following requirements shall be met in addition to all other provisions26 of this Subpart where any self-insurance plan is effected, maintained, and operated27 under a trust agreement:28 (1) A self-insurer shall maintain at all times unimpaired net assets of not29 SB NO. 644 SLS 12RS-1028 REENGROSSED Page 5 of 14 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. less than one million dollars. The net assets required to be maintained pursuant1 to this Section shall be in the form of cash, cash equivalents, or bonds or2 evidences of indebtedness which are direct general obligations or which are3 secured or guaranteed as to principal and interest by the government of the4 United States, or any state of the United States.5 (2) The employers in the self-insurance plan shall be members of an6 association or group of five or more businesses that are in the same trade or7 industry, including closely related businesses that provide support, services, or8 supplies primarily to that trade or industry.9 (1) (3) A board of trustees elected by participating employers shall serve as10 fund managers on behalf of participants. Trustees shall be plan participants. No11 participating employer may be represented by more than one trustee. A minimum of12 three and a maximum of seven trustees may be elected. Trustees may not receive13 compensation but may be reimbursed for actual expenses incurred in connection with14 duties as trustee.15 (2) (4) Trustees shall be bonded in an amount not less than one hundred fifty16 thousand dollars from a licensed surety company.17 (3) (5) Investment of plan funds is subject to the same restrictions which are18 applicable to insurers under this Title. All investments shall be managed by a bank19 or other financial institution chartered in the state of Louisiana.20 §459. Excess stop-loss coverage21 A. Each self-insurance plan shall include aggregate excess stop loss stop-loss22 coverage and specific excess stop-loss coverage provided by an insurer licensed by23 the state of Louisiana. Aggregate excess stop-loss coverage shall include provisions24 to cover incurred, unpaid claims liability in the event of plan termination. The excess25 or stop loss insurer shall bear the risk of coverage for any employer participating in26 the self insurance plan that becomes insolvent with outstanding contributions due.27 The plan shall have a participating employer's fund in an amount at least equal to the28 point at which the excess or stop loss insurer shall assume one hundred percent of29 SB NO. 644 SLS 12RS-1028 REENGROSSED Page 6 of 14 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. additional liability. A plan shall submit its proposed excess or stop loss stop-loss1 insurance contract to the commissioner at least thirty days prior to the proposed self-2 insurance plan's effective date and at least thirty days subsequent to any renewal3 date. The commissioner shall review the contract to determine whether it meets the4 standards established by this Section and shall respond within thirty days of its5 submission to him. Any excess or stop loss stop-loss insurance plan must provide6 coverage with rates not subject to adjustment by the insurer during the first twelve7 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 within ninety days20 after the claim is incurred and provide a twelve-month claims incurred period21 and at least a fifteen-month paid claims period for each policy year.22 C. On the application of a self-insurer, the commissioner may waive or23 reduce the requirement for aggregate stop-loss insurance coverage required by24 this Section on a determination that the interests of the participating employers25 and employees are adequately protected based on the level of aggregate stop-26 loss insurance recommended by the actuary as required by R.S. 22:463(B).27 * * *28 §461. Annual audit; rate review29 * * *30 SB NO. 644 SLS 12RS-1028 REENGROSSED Page 7 of 14 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. B. This Section shall apply to all self-insurers.; however, a self-insurer having1 direct premiums in this state of less than two hundred fifty thousand dollars in any2 year and having less than five hundred policyholders in this state at the end of any3 year shall be exempt from this Section for such year unless the commissioner makes4 a specific finding that compliance is necessary for the commissioner to carry out5 statutory responsibilities.6 C. The audit report required in this Section shall be filed with the7 commissioner on or before the thirtieth day of the sixth month following the year end8 of the self-insurer. Up to two thirty-day extensions may be granted by the9 commissioner upon showing by the self-insurer and its independent certified public10 accountant of the reasons for requesting such extension and upon determination by11 the commissioner of good cause for an extension. The request for extension shall be12 submitted in writing not less than ten days prior to the due date in sufficient detail13 to permit the commissioner to make an informed decision with respect to the14 requested extension.15 D. The annual audited financial statement shall report the financial condition16 of the self-insurer as of the end of the most recent fiscal or calendar year and the17 results of its operations, changes in financial position, and changes in capital and18 surplus for the year then ended in conformity with statutory generally accepted19 accounting practices prescribed, or otherwise permitted, by the Department of20 Insurance of the state of domicile of the self-insurer.21 E. The annual audited financial report shall include the following items:22 (1) Report The report of the independent certified public accountant.23 (2) Balance A balance sheet reporting admitted assets, liabilities, capital, and24 surplus net assets.25 (3) Statement A statement of gain or loss from operations.26 (4) State A statement of cash flows.27 (5) Statement A statement of changes in capital and surplus net assets.28 (6) Notes to financial statements. These notes shall be those required by29 generally accepted accounting principles and shall include the following items:30 SB NO. 644 SLS 12RS-1028 REENGROSSED Page 8 of 14 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. (a) A reconciliation of difference, if any, between the audited statutory1 financial statements and the annual statement filed pursuant to this Subpart with a2 written description of the nature of these differences.3 (b) A narrative explanation of all significant intercompany transactions and4 balances.5 (7) The financial statements included in the audited financial report shall be6 prepared in a form and using language and groupings substantially the same as the7 relevant sections of the annual statement of the insurer filed with the commissioner,8 and:9 (a) The financial statement shall be comparative.10 (b) Amounts may be rounded to the nearest thousand dollars.11 (c) Insignificant amounts may be combined.12 F. Financial statements furnished pursuant to this Section shall be audited by13 an independent certified public accountant. The audit of the self-insurer's financial14 statements shall be conducted in accordance with generally accepted auditing15 standards.16 G. Every self-insurer required to file an audited financial report pursuant to17 this Subpart shall require the accountant to make available for review by the18 commissioner, the work papers workpapers prepared in the conduct of his audit.19 The self-insurer shall require that the accountant retain the audit work papers20 workpapers or a period of not less than five years after the period reported thereon.21 H. In the conduct of the aforementioned review by the commissioner,22 photocopies of pertinent audit work papers may be made and retained by the23 department. Such working papers or copies thereof obtained by the commissioner24 shall be confidential and shall not constitute a public record. The work papers of a25 certified public accountant subject to maintenance and audit pursuant to this Section26 shall nonetheless remain the property of the certified public accountant.27 * * *28 §462. Examination by commissioner29 * * *30 SB NO. 644 SLS 12RS-1028 REENGROSSED Page 9 of 14 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. H. In lieu of an examination under this Section of any foreign1 self-insurer licensed in this state, the commissioner may accept an examination2 report on the self-insurer as prepared by the department for the self-insurer's3 state of domicile if the insurance department was, at the time of the4 examination, accredited under the National Association of Insurance5 Commissioners' Financial Regulation Standards and Accreditation Program6 and the examination is performed under the supervision of an accredited state7 insurance department, or with the participation of one or more examiners who8 are employed by that accredited state insurance department, and who, after a9 review of the examination work papers and report, state under oath that the10 examination was performed in a manner consistent with the standards and11 procedures required by their insurance department.12 §463. Annual reports; actuarial opinions13 A. Each self-insurer shall file on or before the first day of March of each year14 an annual auditor's statement and an annual report signed by the person in charge of15 the self-insurance plan which shall certify the amount of gross annual premiums or16 contributions of the participating employers and their employees for the preceding17 year, the financial condition of the plan, an itemization of plan expenditures, and any18 other information as may be required by the commissioner.19 B. A. Any plan established or maintained in the state to offer or provide20 health care services, indemnification, or payment for health care services, or health21 and accident benefits to employees under the provisions of the Employee Retirement22 Income Security Act of 1974 (29 U.S.C. §1001 et seq.) shall file, through the23 administrator or his designee, within two hundred ten days after the close of such24 year a certified copy of the annual report required pursuant to 29 U.S.C. §1023 with25 the commissioner. The filing required herein shall in no way purport to regulate or26 affect the plan or its benefits.27 B.(1) Each self-insurer shall file, within ninety days of the end of the28 fiscal year, an actuarial opinion prepared and certified by an actuary who meets29 the following requirements:30 SB NO. 644 SLS 12RS-1028 REENGROSSED Page 10 of 14 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. (a) The actuary is not an employee of the self-insurer.1 (b) The actuary is a fellow of the Society of Actuaries, a member of the2 American Academy of Actuaries, or an enrolled actuary under the Employee3 Retirement Income Security Act of 1974 (29 U.S.C. §1001 et seq.).4 (2) The actuarial opinion required under this Subsection shall include5 the following items:6 (a) A description of the actuarial soundness of the self-insurer, including7 any actions recommended to improve the actuarial soundness of the8 arrangement.9 (b) The amount of reserves recommended to be maintained by the10 arrangement.11 (c) The level of specific and aggregate stop-loss insurance recommended12 to be maintained by the arrangement.13 C. (1) Reserves required by this Section shall be computed with proper14 actuarial regard for the following items:15 (a) Known claims, paid and outstanding.16 (b) A history of incurred but not reported claims.17 (c) Claims handling expenses.18 (d) Unearned premium.19 (e) An estimate for bad debts.20 (f) A trend factor.21 (g) A margin for error.22 (2) Reserves required by this Section shall be maintained in cash, cash23 equivalents, or bonds or evidences of indebtedness which are direct general24 obligations or which are secured or guaranteed as to principal and interest by25 the government of the United States, or any state of the United States.26 * * *27 Section 2. R.S. 22:454(C) and (D) and 461(I) are hereby repealed.28 Section 3. This Act shall become effective upon signature by the governor or, if not29 signed by the governor, upon expiration of the time for bills to become law without signature30 SB NO. 644 SLS 12RS-1028 REENGROSSED Page 11 of 14 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If1 vetoed by the governor and subsequently approved by the legislature, this Act shall become2 effective on the day following such approval.3 The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Cheryl Horne. DIGEST Donahue (SB 644) 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. Present law requires self-insurers, prior to receiving a certificate of authority, to deposit SB NO. 644 SLS 12RS-1028 REENGROSSED Page 12 of 14 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. safekeeping receipts or trust receipts from insured banking or other financial institutions charted to do business in the state evidencing deposit of 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 other financial institution chartered in this state. SB NO. 644 SLS 12RS-1028 REENGROSSED Page 13 of 14 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. 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 employers 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 domicile if that state department was, at the time of the examination, accredited under SB NO. 644 SLS 12RS-1028 REENGROSSED Page 14 of 14 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. 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))