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5 | 5 | | 2023 -- S 0286 |
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6 | 6 | | ======== |
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7 | 7 | | LC001834 |
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8 | 8 | | ======== |
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9 | 9 | | S TATE OF RHODE IS LAND |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2023 |
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12 | 12 | | ____________ |
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13 | 13 | | |
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14 | 14 | | A N A C T |
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15 | 15 | | RELATING TO INSURANCE -- NONPROFIT DENTAL SERVICE CORPORATIONS |
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16 | 16 | | Introduced By: Senators Ujifusa, DiPalma, Lauria, Bell, Miller, Acosta, Zurier, Valverde, |
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17 | 17 | | DiMario, and Mack |
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18 | 18 | | Date Introduced: February 16, 2023 |
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19 | 19 | | Referred To: Senate Health & Human Services |
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20 | 20 | | |
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21 | 21 | | |
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22 | 22 | | It is enacted by the General Assembly as follows: |
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23 | 23 | | SECTION 1. Chapter 27-20.1 of the General Laws entitled "Nonprofit Dental Service 1 |
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24 | 24 | | Corporations" is hereby amended by adding thereto the following section: 2 |
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25 | 25 | | 27-20.1-23. Medical loss ratio requirements. 3 |
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26 | 26 | | (a) Notwithstanding any general or special law to the contrary, the health insurance 4 |
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27 | 27 | | commissioner (the "commissioner") shall require carriers offering dental benefit plans to annually 5 |
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28 | 28 | | submit information as required by the commissioner, which shall include the current and projected 6 |
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29 | 29 | | medical loss ratio for in-state claims, total claims for their plans and the components of projected 7 |
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30 | 30 | | administrative expenses and financial information, including, but not limited to: 8 |
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31 | 31 | | (1) Income, including, but not limited to, any and all sources; 9 |
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32 | 32 | | (2) Underwriting, auditing, actuarial, financial analysis, treasury and investment expenses; 10 |
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33 | 33 | | (3) Marketing and sales expenses, including, but not limited to, advertising, member 11 |
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34 | 34 | | relations, member enrollment and all expenses associated with producers, brokers and benefit 12 |
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35 | 35 | | consultants; and 13 |
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36 | 36 | | (4) The annual report shall contain claims operations expenses, including, but not limited 14 |
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37 | 37 | | to, adjudication, appeals, settlements and expenses associated with paying claims. Unless otherwise 15 |
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38 | 38 | | determined by the commissioner, the following items shall be deemed to be an administrative cost 16 |
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39 | 39 | | expenditure for the purposes of calculating and reporting the medical loss ratio: 17 |
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40 | 40 | | (i) Financial administration expenses; 18 |
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41 | 41 | | (ii) Marketing and sales expenses; 19 |
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42 | 42 | | |
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43 | 43 | | |
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44 | 44 | | LC001834 - Page 2 of 3 |
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45 | 45 | | (iii) Distribution expenses, including to its subsidiaries and affiliates; 1 |
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46 | 46 | | (iv) Claims operations expenses; 2 |
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47 | 47 | | (v) Medical administration expenses, such as disease management, care management, 3 |
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48 | 48 | | utilization review and medical management activities; 4 |
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49 | 49 | | (vi) Network operations expenses; 5 |
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50 | 50 | | (vii) Charitable expenses; 6 |
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51 | 51 | | (viii) Board, bureau or association fees; 7 |
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52 | 52 | | (ix) State and federal tax expenses, including assessments; and 8 |
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53 | 53 | | (x) Payroll expenses. 9 |
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54 | 54 | | (b) If the annual medical loss ratio for in-state or total claims for their plans offered under 10 |
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55 | 55 | | this section is less than the applicable percentage set forth in subsection (c) of this section, the 11 |
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56 | 56 | | carrier shall refund the excess premium to its covered individuals and covered groups. A carrier 12 |
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57 | 57 | | shall communicate within thirty (30) days to all individuals and groups that were covered under 13 |
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58 | 58 | | plans during the relevant twelve (12) month period that such individuals and groups qualify for a 14 |
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59 | 59 | | refund on the premium for the applicable twelve (12) month period or, if the individual or groups 15 |
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60 | 60 | | are still covered by the carrier, a credit on the premium for the subsequent twelve (12) month period. 16 |
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61 | 61 | | The total of all refunds issued shall equal the amount of a carrier’s earned premium that exceeds 17 |
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62 | 62 | | that amount necessary to achieve a medical loss ratio of the applicable percentage set forth in 18 |
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63 | 63 | | subsection (c) of this section, calculated using data reported by the carrier as prescribed under 19 |
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64 | 64 | | regulations promulgated by the commissioner. The commissioner may authorize a waiver or 20 |
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65 | 65 | | adjustment of this requirement only if it is determined that issuing refunds would result in financial 21 |
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66 | 66 | | impairment for the carrier. 22 |
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67 | 67 | | (c) The medical loss ratio set forth in subsection (b) of this section shall be eighty-five 23 |
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68 | 68 | | percent (85%). 24 |
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69 | 69 | | SECTION 2. This act shall take effect on January 1, 2024. 25 |
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70 | 70 | | ======== |
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71 | 71 | | LC001834 |
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73 | 73 | | |
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74 | 74 | | |
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75 | 75 | | LC001834 - Page 3 of 3 |
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76 | 76 | | EXPLANATION |
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77 | 77 | | BY THE LEGISLATIVE COUNCIL |
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78 | 78 | | OF |
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79 | 79 | | A N A C T |
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80 | 80 | | RELATING TO INSURANCE -- NONPROFIT DENTAL SER VICE CORPORATIONS |
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81 | 81 | | *** |
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82 | 82 | | This act would require carriers offering dental benefit plans to annually submit information 1 |
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83 | 83 | | which includes the current and projected medical loss ratio for claims for their plans. The medical 2 |
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84 | 84 | | loss ratio would be eighty-five percent (85%) for determining whether insureds are due a refund or 3 |
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85 | 85 | | premium credit in any given year. 4 |
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86 | 86 | | This act would take effect on January 1, 2024. 5 |
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87 | 87 | | ======== |
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88 | 88 | | LC001834 |
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