Vermont 2025-2026 Regular Session

Vermont Senate Bill S0132 Compare Versions

Only one version of the bill is available at this time.
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11 BILL AS INTRODUCED S.132
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55 VT LEG #379182 v.1
66 S.132 1
77 Introduced by Senators White, Clarkson, Gulick, Major and Vyhovsky 2
88 Referred to Committee on 3
99 Date: 4
1010 Subject: Health; health coverage; health care sharing plan or arrangement; 5
1111 Department of Financial Regulation; reporting 6
1212 Statement of purpose of bill as introduced: This bill proposes to require a 7
1313 person who is not authorized to offer health insurance in Vermont and who 8
1414 offers or intends to offer a health care sharing plan or arrangement to facilitate 9
1515 payment or reimbursement of health care costs or services for Vermont 10
1616 residents to report certain information annually to the Commissioner of 11
1717 Financial Regulation and to certify the accuracy of the information. The bill 12
1818 would direct the Commissioner of Financial Regulation to prepare an annual 13
1919 report summarizing the information and post it on the Department of Financial 14
2020 Regulation’s website. 15
2121 An act relating to annual reporting on health care sharing plans and 16
2222 arrangements 17 BILL AS INTRODUCED S.132
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2626 VT LEG #379182 v.1
2727 It is hereby enacted by the General Assembly of the State of Vermont: 1
2828 Sec. 1. 8 V.S.A. § 4078 is added to read: 2
2929 § 4078. HEALTH CARE SHARING PLAN OR ARRANGEMENT; 3
3030 REPORTING AND CERTIFICATION 4
3131 (a) A person who is not authorized by the Commissioner under chapter 5
3232 101, 123, 125, or 139 of this title to offer insurance in this State and who offers 6
3333 or intends to offer a plan or arrangement to facilitate payment or 7
3434 reimbursement of health care costs or services for residents of this State, 8
3535 regardless of whether the person is domiciled in this State or another state, 9
3636 shall submit to the Commissioner on or after October 1, 2025 and on or after 10
3737 March 1 each year thereafter: 11
3838 (1) the following information: 12
3939 (A) the total number of individuals and households that participated 13
4040 in the plan or arrangement in this State in the immediately preceding calendar 14
4141 year; 15
4242 (B) the total number of employer groups that participated in the plan 16
4343 or arrangement in this State in the immediately preceding calendar year, 17
4444 specifying the total number of participating individuals in each participating 18
4545 employer group; 19
4646 (C) if the person offers a plan or arrangement in other states, the total 20
4747 number of participants in the plan or arrangement nationally; 21 BILL AS INTRODUCED S.132
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5151 VT LEG #379182 v.1
5252 (D) any contracts the person has entered into with providers in this 1
5353 State who provide health care services to plan or arrangement participants; 2
5454 (E) the total amount of fees, dues, or other payments collected by the 3
5555 person in the immediately preceding calendar year from individuals, employer 4
5656 groups, or others who participated in the plan or arrangement, specifying the 5
5757 percentage of fees, dues, or other payments retained by the person for 6
5858 administrative expenses; 7
5959 (F) the total dollar amount of requests for reimbursement of health 8
6060 care costs or services that were submitted in this State in the immediately 9
6161 preceding calendar year by plan or arrangement participants or providers who 10
6262 provided health care services to plan or arrangement participants; 11
6363 (G) the total dollar amount of requests for reimbursement of health 12
6464 care costs or services that were submitted in this State and were determined to 13
6565 qualify for reimbursement under the plan or arrangement in the immediately 14
6666 preceding calendar year; 15
6767 (H) the total dollar amount of payments made to providers in this 16
6868 State in the immediately preceding calendar year for health care services that 17
6969 were provided to or received by plan or arrangement participants; 18
7070 (I) the total dollar amount of reimbursements made to plan or 19
7171 arrangement participants in this State in the immediately preceding calendar 20 BILL AS INTRODUCED S.132
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7575 VT LEG #379182 v.1
7676 year for health care services provided to or received by a plan or arrangement 1
7777 participant; 2
7878 (J) the total number of requests for reimbursement of health care 3
7979 costs or services submitted in this State in the immediately preceding calendar 4
8080 year that were denied, expressed as a percentage of total reimbursement 5
8181 requests submitted in that calendar year, and the total number of 6
8282 reimbursement request denials that were appealed; 7
8383 (K) the total dollar amount of health care expenses submitted in this 8
8484 State by plan or arrangement participants or providers in the immediately 9
8585 preceding calendar year that qualify for reimbursement pursuant to the plan or 10
8686 arrangement criteria but that, as of the end of that calendar year, have not been 11
8787 reimbursed, excluding any amounts that the plan or arrangement participants 12
8888 incurring the health care costs must pay before receiving reimbursement under 13
8989 the plan or arrangement; 14
9090 (L) the estimated number of plan or arrangement participants the 15
9191 person anticipates in this State in the next calendar year, specifying the number 16
9292 of individuals, households, employer groups, and employees; 17
9393 (M) a list of other states in which the person offers a plan or 18
9494 arrangement; 19
9595 (N) a list of any third parties, other than a licensed insurance 20
9696 producer, that are associated with or assist the person in offering or enrolling 21 BILL AS INTRODUCED S.132
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100100 VT LEG #379182 v.1
101101 participants in this State in the plan or arrangement, copies of any training 1
102102 materials provided to a third party, and a detailed accounting of any 2
103103 commissions or other feeds or remuneration paid to a third party in the 3
104104 immediately preceding calendar year for: 4
105105 (i) marketing, promoting, or enrolling participants in a plan or 5
106106 arrangement offered by the person in this State; or 6
107107 (ii) operating, managing, or administering a plan or arrangement 7
108108 offered by the person in this State; 8
109109 (O) the total number of licensed insurance producers that are 9
110110 associated with or assist the person in offering or enrolling participants in this 10
111111 State in the plan or arrangement, the total number of participants enrolled in 11
112112 the plan or arrangement through a licensed insurance producer, copies of any 12
113113 training materials provided to a producer, and a detailed accounting of any 13
114114 commissions or other fees or remuneration paid to a producer in the 14
115115 immediately preceding calendar year for marketing, promoting, or enrolling 15
116116 participants in a plan or arrangement offered by the person in this State; 16
117117 (P) copies of any consumer-facing and marketing materials used in 17
118118 this State in promoting the person’s plan or arrangement, including plan or 18
119119 arrangement descriptions, benefit descriptions, and other materials that explain 19
120120 the plan or arrangement; 20 BILL AS INTRODUCED S.132
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124124 VT LEG #379182 v.1
125125 (Q) the name, mailing address, email address, and telephone number 1
126126 of an individual serving as a contact for the person in this State; 2
127127 (R) a list of any parent companies, subsidiaries, and other names that 3
128128 the person has operated under at any time within the immediately preceding 4
129129 five calendar years; and 5
130130 (S) an organizational chart of the person and a list of the officers and 6
131131 directors of the person; and 7
132132 (2) a certification by an officer of the person that, to the best of the 8
133133 person’s good-faith knowledge and belief, the information submitted is 9
134134 accurate and satisfies the requirements of this subsection. 10
135135 (b)(1) If a person subject to the requirements of subsection (a) of this 11
136136 section fails to submit the information required by that subsection, the 12
137137 submission is incomplete. The Commissioner shall make a determination of 13
138138 completeness not later than 45 days after the submission is received. If the 14
139139 Commissioner has not informed the person of any deficiencies in the 15
140140 submission within 45 days after receiving the submission, the submission is 16
141141 considered complete. 17
142142 (2)(A) If the Commissioner determines that a person has failed to 18
143143 comply with the requirements of subsection (a) of this section, the 19
144144 Commissioner shall: 20 BILL AS INTRODUCED S.132
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148148 VT LEG #379182 v.1
149149 (i) notify the person that the submission is incomplete and 1
150150 enumerate in the notification each deficiency found in the person’s submission; 2
151151 and 3
152152 (ii) allow the person 30 days after notice of the incomplete 4
153153 submission to remedy the deficiency found in the submission. 5
154154 (B) If the person does not remedy the deficiency within the 30-day 6
155155 period, the Commissioner may impose an administrative penalty not to exceed 7
156156 $5,000.00 per day. 8
157157 (C) If the person does not remedy the deficiency or deficiencies 9
158158 within 30 days after the initial administrative penalty is imposed, the 10
159159 Commissioner may issue cease and desist order pursuant to section 2110 of 11
160160 this title. 12
161161 (c) On or before April 1, 2026 and on or before each October 1 thereafter, 13
162162 the Commissioner shall: 14
163163 (1) prepare a written report summarizing the information submitted by 15
164164 persons pursuant to subsection (a) of this section; and 16
165165 (2) post the report on the Department’s website, along with accurate and 17
166166 evidence-based information about the persons who submitted information 18
167167 pursuant to subsection (a) of this section, including how consumers may file 19
168168 complaints. 20 BILL AS INTRODUCED S.132
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172172 VT LEG #379182 v.1
173173 (d) The Commissioner may adopt rules as necessary to implement this 1
174174 section. 2
175175 Sec. 2. EFFECTIVE DATE 3
176176 This act shall take effect on passage. 4