Senate Bill 1576c1

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    Florida Senate - 1999                           CS for SB 1576

    By the Committee on Banking and Insurance; and Senator Meek





    311-2092-99

  1                      A bill to be entitled

  2         An act relating to health insurance; amending

  3         s. 627.410, F.S.; modifying rate filing

  4         requirements for approval of health insurance

  5         policy forms by the Department of Insurance;

  6         amending s. 627.411, F.S.; providing guidelines

  7         for determining when benefits are considered

  8         reasonable in relation to the premium charged

  9         for purposes of disapproval of health insurance

10         policy forms by the department; providing an

11         effective date.

12

13  Be It Enacted by the Legislature of the State of Florida:

14

15         Section 1.  Subsections (1), (6), (7), and (8) of

16  section 627.410, Florida Statutes, 1998 Supplement, are

17  amended to read:

18         627.410  Filing, approval of forms.--

19         (1)  No basic insurance policy or annuity contract

20  form, or application form where written application is

21  required and is to be made a part of the policy or contract,

22  or group certificates issued under a master contract delivered

23  in this state, or printed rider or endorsement form or form of

24  renewal certificate, shall be delivered or issued for delivery

25  in this state, unless the form has been filed with the

26  department at its offices in Tallahassee by or in behalf of

27  the insurer which proposes to use such form and has been

28  approved by the department. This provision does not apply to

29  surety bonds or to policies, riders, endorsements, or forms of

30  unique character which are designed for and used with relation

31  to insurance upon a particular subject (other than as to

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    Florida Senate - 1999                           CS for SB 1576
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  1  individual or small group health insurance), or which relate

  2  to the manner of distribution of benefits or to the

  3  reservation of rights and benefits under life or health

  4  insurance policies and are used at the request of the

  5  individual policyholder, contract holder, or

  6  certificateholder.  As to group insurance policies effectuated

  7  and delivered outside this state but covering persons resident

  8  in this state, the group certificates to be delivered or

  9  issued for delivery in this state shall be filed with the

10  department for information purposes only.

11         (6)(a)  An insurer shall not deliver or issue for

12  delivery or renew in this state any health insurance policy

13  form until it has filed with the department a copy of every

14  applicable rating manual, rating schedule, change in rating

15  manual, and change in rating schedule; if rating manuals and

16  rating schedules are not applicable, the insurer must file

17  with the department applicable premium rates and any change in

18  applicable premium rates. This paragraph does not apply to

19  rating manuals, rating schedules, or changes in rating manuals

20  or schedules, or, if rating manuals or schedules are not

21  applicable, to premium rates or changes in such rates,

22  relating to policies, riders, endorsements, or forms of unique

23  character which are designed for any use with relation to

24  insurance upon a particular subject or to benefits under group

25  health insurance policies insuring 51 or more persons and are

26  used at the request of the individual policyholder, contract

27  holder, or certificateholder.

28         (b)  The department may establish by rule, for each

29  type of health insurance form, procedures to be used in

30  ascertaining the reasonableness of benefits in relation to

31  premium rates and may, by rule, exempt from any requirement of

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    Florida Senate - 1999                           CS for SB 1576
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  1  paragraph (a) any health insurance policy form or type thereof

  2  (as specified in such rule) to which form or type such

  3  requirements may not be practically applied or to which form

  4  or type the application of such requirements is not desirable

  5  or necessary for the protection of the public. With respect to

  6  any health insurance policy form or type thereof which is

  7  exempted by rule from any requirement of paragraph (a),

  8  premium rates filed pursuant to ss. 627.640 and 627.662 shall

  9  be for informational purposes.

10         (c)  Every filing made pursuant to this subsection

11  shall be made within the same time period provided in, and

12  shall be deemed to be approved under the same conditions as

13  those provided in, subsection (2).

14         (d)  Every filing made pursuant to this subsection,

15  except disability income policies and accidental death

16  policies, shall be prohibited from applying the following

17  rating practices:

18         1.  Select and ultimate premium schedules.

19         2.  Premium class definitions which classify insured

20  based on year of issue or duration since issue.

21         3.  Attained age premium structures on policy forms

22  under which more than 50 percent of the policies are issued to

23  persons age 65 or over.

24         (e)  Except as provided in subparagraph 1., an insurer

25  shall continue to make available for purchase any individual

26  policy form issued on or after October 1, 1993.  A policy form

27  shall not be considered to be available for purchase unless

28  the insurer has actively offered it for sale in the previous

29  12 months.

30         1.  An insurer may discontinue the availability of a

31  policy form if the insurer provides to the department in

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    Florida Senate - 1999                           CS for SB 1576
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  1  writing its decision at least 30 days prior to discontinuing

  2  the availability of the form of the policy or certificate.

  3  After receipt of the notice by the department, the insurer

  4  shall no longer offer for sale the policy form or certificate

  5  form in this state.

  6         2.  An insurer that discontinues the availability of a

  7  policy form pursuant to subparagraph 1. shall not file for

  8  approval a new policy form providing similar benefits as the

  9  discontinued form for a period of 5 years after the insurer

10  provides notice to the department of the discontinuance. The

11  period of discontinuance may be reduced if the department

12  determines that a shorter period is appropriate.

13         2.3.  The experience of an individual accident and

14  health insurance all policy form that is no longer being

15  marketed in this state, except for policies rated pursuant to

16  a loss ratio guarantee under subsection (8), must be combined

17  with the experience of at least one other individual accident

18  and health insurance policy form forms providing similar

19  benefits, as determined by the insurer, which is still being

20  marketed in the state by the same insurer, unless the insurer

21  has no other policy form providing similar benefits, as

22  determined by the insurer, which is still being marketed in

23  the state shall be combined for all rating purposes.

24         (7)(a)  Each insurer subject to the requirements of

25  subsection (6) shall make an annual filing with the department

26  no later than 12 months after its previous filing,

27  establishing demonstrating the reasonableness of benefits in

28  relation to premium rates.  The department, after receiving a

29  request to be exempted from the provisions of this section,

30  may, for good cause due to insignificant numbers of policies

31  in force or insignificant premium volume, exempt a company, by

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    Florida Senate - 1999                           CS for SB 1576
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  1  line of coverage, from filing rates or rate certification as

  2  required by this section.

  3         (b)  The filing required by this subsection shall be

  4  satisfied by one of the following methods:

  5         1.  A rate filing prepared by an actuary which contains

  6  documentation establishing demonstrating the reasonableness of

  7  benefits in relation to premiums charged in accordance with

  8  the applicable rating laws and rules promulgated by the

  9  department. For premium rate changes, benefits will be

10  considered reasonable in relation to premium charged if both

11  of the following loss ratios meet or exceed the standards

12  established in s. 627.411(2).

13         a.  The anticipated loss ratio over the entire future

14  period for which the revised rates are computed to provide

15  coverage; and

16         b.  The following lifetime anticipated loss ratio

17  derived by dividing (I) by (II):

18         (I)  The sum of the accumulated benefits from the

19  original effective date of the form to the effective date of

20  the revision, and the present value of future benefits; and

21         (II)  The sum of the accumulated premiums from the

22  original effective date of the form to the effective date of

23  the revision, and the present value of future premiums, such

24  present values to be taken over the entire period for which

25  the revised rates are computed to provide coverage, and such

26  accumulated benefits and premiums to include an explicit

27  estimate of actual benefits and premiums from the last date an

28  accounting has been made to the effective date of the

29  revision.

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    Florida Senate - 1999                           CS for SB 1576
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  1  Interest must be used in the calculation of these accumulated

  2  benefits and premiums and present values only if it is a

  3  significant factor, as determined by the insurer, in the

  4  calculation of the loss ratio. For purposes of this

  5  sub-subparagraph, the present value of benefits may, at the

  6  insurer's option, include recognition of the policy reserve as

  7  a benefit (addition), and the present value of premiums may,

  8  at the insurer's option, include recognition of the policy

  9  reserve as a deduction. Anticipated loss ratios lower than

10  those indicated in this sub-subparagraph will require

11  justification based on applicable special circumstances.

12  Examples of coverages that may require special consideration

13  are accident only, short-term nonrenewable, specified peril,

14  and other special risks. Examples of other factors that may

15  require special consideration are marketing methods; giving

16  due consideration to acquistion and administration costs and

17  premium mode; extraordinary expenses; high risk of claims

18  fluctuation because of low loss frequency or the catastrophic

19  or experimental nature of the coverage; product features such

20  as long elimination periods, high deductibles, and high

21  maximum limits; and the industrial or debit method of

22  distribution.

23         2.  If no rate change is proposed, a filing which

24  consists of a certification by an actuary that benefits are

25  reasonable in relation to premiums currently charged in

26  accordance with the loss ratio standards established in this

27  subsection and s. 627.411(2) applicable laws and rules

28  promulgated by the department.

29         (c)  As used in this section, the term "actuary" means

30  an individual who is a member of the Society of Actuaries or

31  the American Academy of Actuaries.  If an insurer does not

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    Florida Senate - 1999                           CS for SB 1576
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  1  employ or otherwise retain the services of an actuary, the

  2  insurer's certification shall be prepared by insurer personnel

  3  or consultants with a minimum of 5 years' experience in

  4  insurance ratemaking. The chief executive officer of the

  5  insurer shall review and sign the certification indicating his

  6  or her agreement with its conclusions.

  7         (d)  If at the time a filing is required under this

  8  section an insurer is in the process of completing a rate

  9  review, the insurer may apply to the department for an

10  extension of up to an additional 30 days in which to make the

11  filing.  The request for extension must be received by the

12  department in its offices in Tallahassee no later than the

13  date the filing is due.

14         (e)  If an insurer fails to meet the filing

15  requirements of this subsection and does not submit the filing

16  within 60 days following the date the filing is due, the

17  department may, in addition to any other penalty authorized by

18  law, order the insurer to discontinue the issuance of policies

19  for which the required filing was not made, until such time as

20  the department determines that the required filing is properly

21  submitted.

22         (8)(a)  For the purposes of subsections (6) and (7) and

23  s. 627.411, benefits of an individual accident and health

24  insurance policy form, including Medicare supplement policies

25  as defined in s. 627.672, when authorized by rules adopted by

26  the department, and excluding long-term care insurance

27  policies as defined in s. 627.9404, and other policy forms

28  under which more than 50 percent of the policies are issued to

29  individuals age 65 and over, are deemed to comply with the

30  provisions of subsections (6) and (7) and s. 627.411 to be

31  reasonable in relation to premium rates if the rates are filed

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    Florida Senate - 1999                           CS for SB 1576
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  1  pursuant to a loss ratio guarantee and both the initial rates

  2  and the durational and lifetime loss ratios have been approved

  3  by the department, and such benefits shall continue to be

  4  deemed reasonable for renewal rates while the insurer complies

  5  with such guarantee, provided the currently expected lifetime

  6  loss ratio is not more than 5 percent less than the filed

  7  lifetime loss ratio as certified to by an actuary.  The

  8  department shall have the right to bring an administrative

  9  action should it deem that the lifetime loss ratio will not be

10  met.  For Medicare supplement filings, the department may

11  withdraw a previously approved filing which was made pursuant

12  to a loss ratio guarantee if it determines that the filing is

13  not in compliance with ss. 627.671-627.675 or the currently

14  expected lifetime loss ratio is less than the filed lifetime

15  loss ratio as certified by an actuary in the initial

16  guaranteed loss ratio filing.  If this section conflicts with

17  ss. 627.671-627.675, ss. 627.671-627.675 shall control.

18         (b)  The renewal premium rates shall be deemed to be

19  approved upon filing with the department if the filing is

20  accompanied by the most current approved loss ratio guarantee.

21  The loss ratio guarantee shall be in writing, shall be signed

22  by an officer of the insurer, and shall contain at least:

23         1.  A recitation of the anticipated lifetime and

24  durational target loss ratios contained in the actuarial

25  memorandum filed with the policy form when it was originally

26  approved.  The durational target loss ratios shall be

27  calculated for 1-year experience periods.  If statutory

28  changes have rendered any portion of such actuarial memorandum

29  obsolete, the loss ratio guarantee shall also include an

30  amendment to the actuarial memorandum reflecting current law

31  and containing new lifetime and durational loss ratio targets.

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    Florida Senate - 1999                           CS for SB 1576
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  1         2.  A guarantee that the applicable loss ratios for the

  2  experience period in which the new rates will take effect, and

  3  for each experience period thereafter until new rates are

  4  filed, will meet the loss ratios referred to in subparagraph

  5  1.

  6         3.  A guarantee that the applicable loss ratio results

  7  for the experience period will be independently audited at the

  8  insurer's expense.  The audit shall be performed in the second

  9  calendar quarter of the year following the end of the

10  experience period, and the audited results shall be reported

11  to the department no later than the end of such quarter.  The

12  department shall establish by rule the minimum information

13  reasonably necessary to be included in the report.  The audit

14  shall be done in accordance with accepted accounting and

15  actuarial principles.

16         4.  A guarantee that affected policyholders in this

17  state shall be issued a proportional refund, based on the

18  premium earned, of the amount necessary to bring the

19  applicable experience period loss ratio up to the durational

20  target loss ratio referred to in subparagraph 1.  The refund

21  shall be made to all policyholders in this state who are

22  insured under the applicable policy form as of the last day of

23  the experience period, except that no refund need be made to a

24  policyholder in an amount less than $10. Refunds less than $10

25  shall be aggregated and paid pro rata to the policyholders

26  receiving refunds.  The refund shall include interest at the

27  then-current variable loan interest rate for life insurance

28  policies established by the National Association of Insurance

29  Commissioners, from the end of the experience period until the

30  date of payment.  Payments shall be made during the third

31  calendar quarter of the year following the experience period

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  1  for which a refund is determined to be due. However, no

  2  refunds shall be made until 60 days after the filing of the

  3  audit report in order that the department has adequate time to

  4  review the report.

  5         5.  A guarantee that if the applicable loss ratio

  6  exceeds the durational target loss ratio for that experience

  7  period by more than 20 percent, provided there are at least

  8  2,000 policyholders on the form nationwide or, if not, then

  9  accumulated each calendar year until 2,000 policyholder years

10  is reached, the insurer, if directed by the department, shall

11  withdraw the policy form for the purposes of issuing new

12  policies.

13         (c)  As used in this subsection, the term:

14         1.  "Loss ratio" means the ratio of incurred claims to

15  earned premium.

16         2.  "Applicable loss ratio" means the loss ratio

17  attributable solely to this state if there are 2,000 or more

18  policyholders in the state. If there are 500 or more

19  policyholders in this state but less than 2,000, it is the

20  linear interpolation of the nationwide loss ratio and the loss

21  ratio for this state.  If there are less than 500

22  policyholders in this state, it is the nationwide loss ratio;

23  however, if there are less than 2,000 policyholder years

24  nationwide, the experience must be accumulated until the end

25  of the calendar year in which 2,000 policyholder years are

26  obtained.

27         3.  "Experience period" means the period, ordinarily a

28  calendar year, for which a loss ratio guarantee is calculated.

29         (d)  The department may not disapprove or withdraw any

30  previous approval of any individual accident and health

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  1  insurance form pursuant to s. 627.411(1)(e) if rates have been

  2  filed as provided in this subsection.

  3         Section 2.  Section 627.411, Florida Statutes, is

  4  amended to read:

  5         627.411  Grounds for disapproval.--

  6         (1)  The department shall disapprove any insurance

  7  policy form that must be filed under s. 627.410, or withdraw

  8  any previous approval thereof, only if the form:

  9         (a)  Is in any respect in violation of, or does not

10  comply with, this code.

11         (b)  Contains or incorporates by reference, where such

12  incorporation is otherwise permissible, any inconsistent,

13  ambiguous, or misleading clauses, or exceptions and conditions

14  which deceptively affect the risk purported to be assumed in

15  the general coverage of the contract.

16         (c)  Has any title, heading, or other indication of its

17  provisions which is misleading.

18         (d)  Is printed or otherwise reproduced in such manner

19  as to render any material provision of the form substantially

20  illegible.

21         (e)  Is for health insurance, and provides benefits

22  which are unreasonable in relation to the premium charged or,

23  contains provisions that which are unfair or inequitable or

24  contrary to the public policy of this state or which encourage

25  misrepresentation, or which apply rating practices which

26  result in premium escalations that are not viable for the

27  policyholder market or result in unfair discrimination in

28  sales practices.

29         (f)  Excludes coverage for human immunodeficiency virus

30  infection or acquired immune deficiency syndrome or contains

31  limitations in the benefits payable, or in the terms or

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  1  conditions of such contract, for human immunodeficiency virus

  2  infection or acquired immune deficiency syndrome which are

  3  different than those which apply to any other sickness or

  4  medical condition.

  5         (2)  In determining whether the Benefits are considered

  6  reasonable in relation to the premium charged if premium rates

  7  are neither excessive nor inadequate., the department, in

  8  accordance with reasonable actuarial techniques, shall

  9  consider:

10         (a)  Past loss experience and prospective loss

11  experience within and without this state.

12         (b)  Allocation of expenses.

13         (c)  Risk and contingency margins, along with

14  justification of such margins.

15         (d)  Acquisition costs.

16         (a)  Premium rates are not excessive if the insurer

17  demonstrates, in accordance with generally accepted standards

18  of actuarial practice, satisfaction of the following minimum

19  anticipated loss ratios.

20         1.  Loss Ratio Table, Individual Policies for the Line

21  of Business Indicated.--

22         a.  Medical Expenses.--

23  Renewal Clause                                    Loss Ratio

24  Noncancelable                                     55 percent

25  Nonrenewable                                      60 percent

26  Guaranteed Renewable                              65 percent

27  All others                                        70 percent

28         b.  Medical Indemnity, Loss of Income.--

29  Renewal Clause                                    Loss Ratio

30  Noncancelable                                     50 percent

31  Nonrenewable                                      55 percent

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  1  Guaranteed Renewable                              60 percent

  2  All others                                        65 percent

  3         2.  Loss Ratio Table, Group Policies.--

  4         a.  Group Medical Expense.--

  5  Group Size                                        Loss Ratio

  6  Fewer than 51 certificates                        65 percent

  7  51 through 500 certificates                       70 percent

  8  All others                                        75 percent

  9         b.  Group Medical Indemnity or Any Group Policy with

10  and Average Annual Premium per Certificate of Less Than

11  $1,000.--

12  Group Size                                        Loss Ratio

13  Fewer than 51 certificates                        57.5 percent

14  51 through 500 certificates                       62.5 percent

15  All others                                        67.5 percent

16         3.  Group conversion insurance, other than

17  long-term-care insurance and Medicare supplement insurance,

18  issued on either a group or an individual basis, shall have a

19  loss ratio of not less than 120 percent, subject to the limits

20  described in s. 627.6675.

21         4.  Blanket insurance is exempt from the loss ratios

22  described in subparagraphs 1.-3. The minimum loss ratio for

23  blanket insurance is 65 percent.

24         5.  Medicare supplement and long-term-care insurance

25  are exempt from the loss ratios described in subparagraphs

26  1.-3. The minimum loss ratios for Medicare supplement

27  insurance must be established in accordance with s. 627.674.

28  The minimum loss ratios for long-term-care insurance must be

29  established in accordance with s. 627.9407.

30         (b)  Premium rates are not inadequate if the insurer

31  demonstrates, in accordance with generally accepted standards

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  1  of actuarial practice, that the sum of premium income and

  2  investment income, minus the sum of benefit payments,

  3  expenses, taxes, and contingency margins is greater than zero.

  4         Section 3.  This act shall take effect July 1, 1999.

  5

  6          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  7                         Senate Bill 1576

  8

  9  Exempts from the rate filing requirements group health
    insurance policies if the policy forms to which the rate
10  applies are of "unique character" for benefits under group
    health insurance policies insuring 51 or more persons and
11  rates are used at the request of the individual policyholder
    or certificateholder.
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    Retains the current law's prohibition against health insurers
13  using a rating practice that classifies insureds based on year
    of issue or duration since issue.
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