81R5824 PMO-D By: Ellis S.B. No. 963 A BILL TO BE ENTITLED AN ACT relating to rates for long-term care insurance premiums. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 1651.055(a), Insurance Code, is amended to read as follows: (a) The commissioner shall adopt rules to stabilize long-term care premium rates by: (1) ensuring that: (A) initial rates for long-term care benefit plan forms are adequate; [and] (B) rates are based on credible Texas experience and are established without regard to rates charged or approved in another state; and (C) any rate schedule increases for long-term care benefit plans made after issuance of the plans are justified, adequate, and reasonable in relation to benefits provided to plan holders; (2) requiring any appropriate plan terms; (3) imposing penalties on insurers or other entities subject to this chapter that violate a rule adopted under this section; and (4) protecting plan holders affected by a rate schedule increase. SECTION 2. This Act applies only to an insurance policy or contract or evidence of coverage that is delivered, issued for delivery, or renewed on or after January 1, 2010. An insurance policy or contract or evidence of coverage delivered, issued for delivery, or renewed before January 1, 2010, is governed by the law as it existed immediately before the effective date of this Act, and that law is continued in effect for that purpose. SECTION 3. This Act takes effect September 1, 2009.