Chapter 05-043

2005 -- H 5100 SUBSTITUTE A AS AMENDED

Enacted 06/16/05

 

 

A N A C T

RELATING TO INSURANCE -- MEDICARE SUPPLEMENT INSURANCE

     

     

     Introduced By: Representatives E Coderre, Kennedy, San Bento, Costantino, and McNamara

     Date Introduced: January 13, 2005    

 

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Section 27-18.2-3 of the General Laws in Chapter 27-18.2 entitled

"Medicare Supplement Insurance Policies" is hereby amended to read as follows:

 

     27-18.2-3. Standards for policy provisions. -- (a) No Medicare supplement insurance

policy or certificate in force in the state shall contain benefits which duplicate benefits provided

by Medicare.

      (b) Notwithstanding any other provision of law of this state, a Medicare supplement

policy or certificate shall not exclude or limit benefits for loss incurred more than six (6) months

from the effective date of coverage because it involved a preexisting condition. The policy or

certificate shall not define a preexisting condition more restrictively than a condition for which

medical advice was given or treatment was recommended by or received from a physician within

six (6) months before the effective date of coverage.

      (c) The director shall adopt reasonable regulations to establish specific standards for

policy provisions of Medicare supplement policies and certificates. Those standards shall be in

addition to and in accordance with the applicable laws of this state, including but not limited to

sections 27-18-3(a) and 42-62-12 and regulations promulgated pursuant to those sections. No

requirement of this title or chapter 62 of title 42 relating to minimum required policy benefits,

other than the minimum standards contained in this chapter, shall apply to Medicare supplement

policies and certificates. The standards may cover, but not be limited to:

      (1) Terms of renewability;

      (2) Initial and subsequent conditions of eligibility;

      (3) Nonduplication of coverage;

      (4) Probationary periods;

      (5) Benefit limitations, exceptions, and reductions;

      (6) Elimination periods;

      (7) Requirements for replacement;

      (8) Recurrent conditions; and

      (9) Definitions of terms.

      (d) The director may adopt reasonable regulations that specify prohibited policy

provisions not specifically authorized by statute, if, in the opinion of the director, those provisions

are unjust, unfair, or unfairly discriminatory to any person insured or proposed to be insured

under a Medicare supplement policy or certificate.

      (e) The director shall adopt reasonable regulations to establish minimum standards for

benefits, claims payment, marketing practices, and compensation arrangements and reporting

practices for Medicare supplement policies and certificates.

      (f) The director may adopt any reasonable regulations necessary to conform Medicare

supplement policies and certificates to the requirements of federal law and regulations

promulgated pursuant to federal law, including but not limited to:

      (1) Requiring refunds or credits if the policies or certificates do not meet loss ratio

requirements;

      (2) Establishing a uniform methodology for calculating and reporting loss ratios;

      (3) Assuring public access to policies, premiums, and loss ratio information of issuers of

Medicare supplement insurance;

      (4) Establishing a process for approving or disapproving policy forms and certificate

forms and proposed premium increases;

      (5) Establishing a policy for holding public hearings prior to approval of premium

increases which may include, the applicant’s provision of notice of the proposed premium

increase to all subscribers subject to the proposed increase, at least ten (10) days prior to the

hearing; and

      (6) Establishing standards for Medicare select policies and certificates.

 

     SECTION 2. Section 27-19-6 of the General Laws in Chapter 27-19 entitled "Nonprofit

Hospital Service Corporations" is hereby amended to read as follows:

 

     27-19-6. Rates charged subscribers -- Reserves. – (a) Public hearings: The rates

proposed to be charged or a rating formula proposed to be used by any corporation organized

under this chapter to its subscribers employers, the state or any political subdivision of the state,

or individuals shall be filed by the corporation at the office of the director of business regulation

health insurance commissioner. Within thirty (30) sixty (60) days after receipt of the application,

the director commissioner, or his or her designee shall hold a hearing on all rates proposed for

health insurance coverage offered in the individual market as defined in section 27-18.5-2 upon

not less than ten (10) days written notice prior to the hearing. With regard to any other rates or

rating formula subject to the commissioner’s jurisdiction the commissioner or his or her designee

may hold a hearing upon not less than ten (10) days written notice prior to the hearing. The

notice shall be published by the commissioner in a newspaper or newspapers having aggregate

general circulation throughout the state at least ten (10) days prior to the hearing. The notice shall

contain a description of the rates proposed to be charged and a copy of the notice shall be sent to

the applicant and to the department of the attorney general. At any hearing held under this

section, the applicant shall be required to establish that the rates proposed to be charged to

subscribers are consistent with the proper conduct of its business and with the interest of the

public. In addition, the applicant shall provide by mail, at least ten (10) days prior to the hearing,

notice of a proposed rate increase for health insurance coverage offered in the individual market

as defined in section 27-18.5-2 to all subscribers subject to the proposed rate increase.

     (b) Filings with the Attorney General's Office: The applicant shall provide a copy of the

filing on all rates proposed for health insurance coverage offered in the individual market as

defined in section 27-18.5-2 or for a Medicare supplement policy as defined in section 27-18.2-1

to the Insurance Advocacy Unit of the Attorney General's Office simultaneously with the filing at

the office of the health insurance commissioner.

     (c) Procedures: At any hearing held under this section, the applicant shall be required to

establish that the rates proposed to be charged or the rating formula to be used are consistent with

the proper conduct of its business and with the interest of the public.

     Rates proposed to be charged by any corporation organized under this chapter shall be

sufficient to maintain total reserves in a dollar amount sufficient to pay claims and operating

expenses for not less than one month. Those reserves shall be computed as of each December

31st, and a report setting forth the computation shall be submitted to the director of the

department of business regulation commissioner together with the corporation's Rhode Island

annual statement to the insurance commissioner. Any documents presented in support of a filing

of proposed rates under this section shall be made available for inspection by any party entitled to

participate in a hearing or admitted as an intervenor in a hearing or such conditions as the

commissioner may prescribe provided under this section at a time and at a place as the director

commissioner may deem reasonable. The director commissioner or his or her designee, upon the

hearing, may administer oaths, examine and cross-examine witnesses, receive oral and

documentary evidence, and shall have the power to subpoena witnesses, compel their attendance,

and require the production of books, papers, records, correspondence, or other documents which

he or she deems relevant. The director commissioner shall issue a decision as soon as is

reasonably possible following the completion of the hearing. The decision may approve,

disapprove, or modify the rates proposed to be charged by the applicant. Applicants requesting

changes in rates shall underwrite the reasonable expenses of the commissioner in connection with

the hearing, including any costs related to advertisements, stenographic reporting and expert

witnesses fees.

     (d) The term “designee” as used in this section shall mean a person who is impartial, a

member in good standing of the Rhode Island bar and a person who is sufficiently acquainted

with the rules of evidence as used in the superior court of the state so as to enable that person to

conduct a hearing as designee of the commissioner. The reasonable per diem cost of the designee

as appointed by the commissioner shall be paid by the applicant requesting changes in the rates.

 

     SECTION 3. Section 27-20-6 of the General Laws in Chapter 27-20 entitled "Nonprofit

Medical Service Corporations" is hereby amended to read as follows:

 

     27-20-6. Rates charged subscribers -- Reserves -- Hearing by director. – (a) Public

hearings: The rates proposed to be charged or a rating formula proposed to be used by any

corporation organized under this chapter to its subscribers, employers, the state or any political

subdivision of the state, or individuals shall be filed by the corporation at the office of the director

of business regulation health insurance commissioner. Within thirty (30) sixty (60) days after

receipt of the application, the director commissioner, or his or her designee shall hold a hearing

on all rates proposed for health insurance coverage offered in the individual market as defined in

section 27-18.5-2 upon not less than ten (10) days written notice prior to the hearing. With regard

to any other rates or rating formula subject to the commissioner's jurisdiction the commissioner,

or his or her designee may hold a hearing upon not less than ten (10) days written notice prior to

the hearing. The notice shall be published by the commissioner in a newspaper or newspapers

having aggregate general circulation throughout the state at least ten (10) days prior to the

hearing. The notice shall contain a description of the rates proposed to be charged and a copy of

the notice shall be sent to the applicant and to the department of the attorney general. At any

hearing held pursuant to this section, the applicant shall be required to establish that the rates

proposed to be charged to subscribers are consistent with the proper conduct of its business and

with the interest of the public. In addition, the applicant shall provide by mail, at least ten (10)

days prior to the hearing, notice of a proposed rate increase for health insurance coverage offered

in the individual market as defined in section 27-18.5-2 to all subscribers subject to the proposed

rate increase.

     (b) Filings with the Attorney General's Office: The applicant shall provide a copy of the

filing on all rates proposed for health insurance coverage offered in the individual market as

defined in section 27-18.5-2 or for a Medicare supplement policy as defined in section 27-18.2-1

to the Insurance Advocacy Unit of the Attorney General's Office simultaneously with the filing at

the office of the health insurance commissioner.

     (c) Procedures: At any hearing held under this section, the applicant shall be required to

establish that the rates proposed to be charged or the rating formula proposed to be used are

consistent with the proper conduct of its business and with the interest of the public.

     Rates proposed to be charged by any corporation organized under this chapter shall

maintain total reserves in a dollar amount sufficient to pay claims and operating expenses for not

less than one month. Those reserves shall be computed as of each December 31st, and a report

setting forth the computation shall be submitted to the director of the department of business

regulation commissioner together with the corporation's Rhode Island annual statement to the

insurance commissioner of the state of Rhode Island. Any documents presented in support of a

filing of proposed rates under this section shall be made available for inspection by any party

entitled to participate in a hearing or admitted as an intervenor in a hearing on such conditions as

the commissioner may prescribe provided pursuant to this section at a time and at a place as the

director commissioner may deem reasonable. The director commissioner, or his or her designee,

upon the hearing, may administer oaths, examine and cross examine witnesses, receive oral and

documentary evidence, and shall have the power to subpoena witnesses, compel their attendance,

and require the production of books, papers, records, correspondence, or other documents which

the director deems relevant. The director commissioner shall issue a decision as soon as is

reasonably possible following completion of the hearing. The decision may approve, disapprove,

or modify the rates proposed to be charged by the applicant. Applicants requesting changes in

rates shall underwrite the reasonable expenses of the commissioner in connection with the

hearing, including any costs related to advertisements, stenographic reporting, and expert

witnesses fees.

     (d) The term “designee” as used in this section shall mean a person who is impartial, a

member in good standing of the Rhode Island bar and a person who is sufficiently acquainted

with the rules of evidence as used in the superior court of the state so as to enable that person to

conduct a hearing as designee of the commissioner. The reasonable per diem cost of the designee

as appointed by the commissioner shall be paid by the applicant requesting changes in the rates.

 

     SECTION 4. Section 42-62-13 of the General Laws in Chapter 42-62 entitled

"Catastrophic Health Insurance Plan Act" is hereby amended to read as follows:

 

     42-62-13. Rates charged. -- (a) The rates proposed to be charged or a rating formula

proposed to be used by any insurer or health maintenance organization under this section to

employers, the state or any political subdivision of the state, or individuals, shall be filed by the

insurer or health maintenance organization at the office of the director of business regulation.

This section does not apply to any entity subject to section 27-19-1 et seq., and/or section 27-20-1

et seq. The rates proposed to be charged by those entities shall be governed by the provisions of

section 27-19-1 et seq., and/or section 27-20-1 et seq. A copy of the filing shall be provided

simultaneously to the Insurance Advocacy Unit in the department of the attorney general. Within

sixty (60) days after receipt of the application, the director, or the director's designee, shall hold a

hearing upon not less than ten (10) days' written notice whenever a proposed rate exceeds the

consumer price index (CPI) for medical care for the prior calendar year in which the proposed

rate increase is filed. If the proposed rate increase is less than the increase in the consumer price

index (CPI) for medical care for the prior calendar year in which the proposed rate is filed, the

director may hold a hearing upon not less than ten (10) days' written notice prior to the hearings.

These provisions shall not apply to products offered in the small group or large group market.

The notice shall contain a description of the rates proposed to be charged and a copy of the notice

shall be sent to the applicant and to the consumer protection unit of the department of attorney

general. The notice shall also be published by the department in a newspaper or newspapers

having aggregate general circulation throughout the state at least ten (10) days prior to the

hearing. In addition, whenever the proposed rate increase exceeds the consumer price index (CPI)

for medical care for the prior calendar year in which the rate increase is filed, the department shall

require the applicant to notify by mail, at least ten (10) days prior to the hearing, notice of the

proposed rate increase to all subscribers subject to the proposed rate increase. At any hearing held

under this section, the applicant shall be required to establish that the rates proposed to be

charged or the rating formula proposed to be used are consistent with the proper conduct of its

business and with the interest of the public. Any documents presented in support of a filing of

proposed rates under this section shall be made available for public examination at any time and

place that the director may deem reasonable. The director, or the director's designee, upon that

hearing may administer oaths, examine and cross-examine witnesses, receive oral and

documentary evidence, and shall have the power to subpoena witnesses, compel their attendance

and require the production of all books, papers, records, correspondence, or other documents

which he or she deems relevant. Any designee who shall conduct a hearing pursuant to this

section shall report his or her findings in writing to the director within eighty (80) days of the

filing with a recommendation for approval, disapproval, or modification of the rates proposed to

be charged by the applicant. The recommended decision shall become part of the record. The

director shall make and issue a decision not later than ten (10) days following the issuance of the

recommended decision or, if the director hears the application without the appointment of a

designee, as soon as is reasonably possible following the completion of the hearing on the

proposed rate change. The decision may approve, disapprove, or modify the rates proposed to be

charged by the applicant. Insurers requesting changes in rates shall underwrite the reasonable

expenses of the department of business regulation in connection with the hearing, including any

costs related to advertisements, stenographic reporting, and expert witnesses fees.

Notwithstanding any other provisions of law, the filing of proposed rates or a rating formula and

the holding and conduct of any hearings in connection with these proposed rates or rating formula

shall be pursuant to this section.

      (b) Whenever the term "designee" is used in this section, it shall mean a person who is

impartial, a member in good standing of the Rhode Island bar and a person who is sufficiently

acquainted with the rules of evidence as used in the superior court of the state so as to enable that

person to conduct a hearing as designee of the director. The reasonable per diem cost of the

designee as appointed by the director shall be paid by the insurers requesting changes in the rates.

 

     SECTION 5. This act shall take effect upon passage.    

 

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LC00075/SUB A

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