CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 397

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Rayson and Cosgrove offered the following:

12

13         Amendment (with title amendment) 

14         On page 8, line 11 through page 11, line 18

15  remove from the bill:  all of said lines

16

17  and insert in lieu thereof:

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

19  benefits of an individual accident and health insurance policy

20  form, including Medicare supplement policies as defined in s.

21  627.672, when authorized by rules adopted by the department,

22  and excluding long-term care insurance policies as defined in

23  s. 627.9404, and other policy forms under which more than 50

24  percent of the policies are issued to individuals age 65 and

25  over, are deemed to be reasonable in relation to premium rates

26  if the rates are filed pursuant to a loss ratio guarantee and

27  both the initial rates and the durational and lifetime loss

28  ratios have been approved by the department, and such benefits

29  shall continue to be deemed reasonable for renewal rates while

30  the insurer complies with such guarantee, provided the

31  currently expected lifetime loss ratio is not more than 5

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    hmo0006                     01:44 pm         00397-0090-942073




                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 397

    Amendment No.     (for drafter's use only)





 1  percent less than the filed lifetime loss ratio as certified

 2  to by an actuary.  The department shall have the right to

 3  bring an administrative action should it deem that the

 4  lifetime loss ratio will not be met.  For Medicare supplement

 5  filings, the department may withdraw a previously approved

 6  filing which was made pursuant to a loss ratio guarantee if it

 7  determines that the filing is not in compliance with ss.

 8  627.671-627.675 or the currently expected lifetime loss ratio

 9  is less than the filed lifetime loss ratio as certified by an

10  actuary in the initial guaranteed loss ratio filing.  If this

11  section conflicts with ss. 627.671-627.675, ss.

12  627.671-627.675 shall control.

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

14  approved upon filing with the department if the filing is

15  accompanied by the most current approved loss ratio guarantee.

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

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

18         1.  A recitation of the anticipated lifetime and

19  durational target loss ratios contained in the actuarial

20  memorandum filed with the policy form when it was originally

21  approved.  The durational target loss ratios shall be

22  calculated for 1-year experience periods.  If statutory

23  changes have rendered any portion of such actuarial memorandum

24  obsolete, the loss ratio guarantee shall also include an

25  amendment to the actuarial memorandum reflecting current law

26  and containing new lifetime and durational loss ratio targets.

27         2.  A guarantee that the applicable loss ratios for the

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

29  for each experience period thereafter until new rates are

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

31  1.

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 397

    Amendment No.     (for drafter's use only)





 1         3.  A guarantee that the applicable loss ratio results

 2  for the experience period will be independently audited at the

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

 4  calendar quarter of the year following the end of the

 5  experience period, and the audited results shall be reported

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

 7  department shall establish by rule the minimum information

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

 9  shall be done in accordance with accepted accounting and

10  actuarial principles.

11         4.  A guarantee that affected policyholders in this

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

13  premium earned, of the amount necessary to bring the

14  applicable experience period loss ratio up to the durational

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

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

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

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

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

20  shall be aggregated and paid pro rata to the policyholders

21  receiving refunds.  The refund shall include interest at the

22  then-current variable loan interest rate for life insurance

23  policies established by the National Association of Insurance

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

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

26  calendar quarter of the year following the experience period

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

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

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

30  review the report.

31         5.  A guarantee that if the applicable loss ratio

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 397

    Amendment No.     (for drafter's use only)





 1  exceeds the durational target loss ratio for that experience

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

 3  2,000 policyholders on the form nationwide or, if not, then

 4  accumulated each calendar year until 2,000 policyholder years

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

 6  withdraw the policy form for the purposes of issuing new

 7  policies.

 8         (c)  As used in this subsection:

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

10  earned premium.

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

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

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

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

15  linear interpolation of the nationwide loss ratio and the loss

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

17  policyholders in this state, it is the nationwide loss ratio.

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

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

20

21

22  ================ T I T L E   A M E N D M E N T ===============

23  And the title is amended as follows:

24         On page 1, line 5,

25

26  after the semicolon insert:

27         repealing language relating to loss ratio

28         guarantee;

29

30

31

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    File original & 9 copies    04/11/00
    hmo0006                     01:44 pm         00397-0090-942073