By: Harris, Jack H.B. No. 596 73R903 DLF-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to premium rates and termination of coverage for health 1-3 insurance sold to certain small employer groups. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter E, Chapter 3, Insurance Code, is 1-6 amended by adding Article 3.50-7 to read as follows: 1-7 Art. 3.50-7. PREMIUM RATES FOR HEALTH INSURANCE 1-8 Sec. 1. PURPOSE. (a) The legislature finds that it is 1-9 difficult for small employers to purchase and retain health 1-10 insurance coverage for their employees. Legislation is needed to 1-11 provide uniformity in establishing and maintaining rates for small 1-12 employers. While not directly impacting affordability of coverage 1-13 for small employers, this legislation is intended to stabilize the 1-14 health insurance marketplace. 1-15 (b) The purpose of this article is to promote the 1-16 availability of health insurance coverage to individuals, to 1-17 prevent abusive rating practices, to require disclosure of rating 1-18 practices to purchasers, and to improve the efficiency and fairness 1-19 of the small group health insurance marketplace. 1-20 Sec. 2. DEFINITIONS. In this article: 1-21 (1) "Base premium rate" means, for each class of 1-22 business for a rating period, the lowest premium rate charged or 1-23 the lowest premium rate that could be charged under a rating system 1-24 for that class of business to small employers with similar case 2-1 characteristics for health benefits plans with the same or similar 2-2 coverage. 2-3 (2) "Carrier" means a person that provides a health 2-4 benefits plan in this state, including an insurance company, a 2-5 health maintenance organization, a group hospital service 2-6 corporation, a multiple employer welfare arrangement, or any other 2-7 person providing a health benefits plan subject to regulation by 2-8 the department. 2-9 (3) "Case characteristics" means demographic or other 2-10 relevant characteristics of a small employer, as determined by a 2-11 small employer carrier, that are considered by the small employer 2-12 carrier in determining the premium rates for that small employer. 2-13 The term does not include claim experience, health status, or 2-14 duration of coverage since the date of issuance of a health 2-15 benefits plan. 2-16 (4) "Class of business" means a class of business 2-17 determined under Section 4 of this article. 2-18 (5) "Health benefits plan" means a hospital or medical 2-19 expense incurred policy or certificate, hospital or medical service 2-20 plan contract, or health maintenance organization subscriber 2-21 contract. The term does not include: 2-22 (A) accident-only, credit, dental, or disability 2-23 income insurance; 2-24 (B) coverage issued as a supplement to liability 2-25 insurance; 2-26 (C) worker's compensation or similar insurance; 2-27 (D) automobile personal injury protection or 3-1 other medical payment insurance; or 3-2 (E) a policy that is individually underwritten 3-3 and individually written. 3-4 (6) "Index rate" means, for each class of business as 3-5 to a rating period for small employers with similar case 3-6 characteristics, the arithmetic average of the applicable base 3-7 premium rate and the corresponding highest premium rate. 3-8 (7) "New business premium rate" means, for each class 3-9 of business as to a rating period, the premium rate charged or 3-10 offered by the small employer carrier to small employers with 3-11 similar case characteristics for newly issued health benefits plans 3-12 with the same or similar coverage. 3-13 (8) "Person" means an individual, corporation, 3-14 organization, partnership, association, or other legal entity. 3-15 (9) "Rating period" means a calendar period determined 3-16 by a small employer carrier for which a premium rate established by 3-17 that carrier is in effect. 3-18 (10) "Small employer" means a person actively engaged 3-19 in a business that, on at least 50 percent of its working days 3-20 during the preceding calendar year, employed at least three and not 3-21 more than 25 eligible employees. In determining the number of 3-22 eligible employees, affiliated companies or companies that are 3-23 eligible to file a combined tax return for purposes of state 3-24 taxation are considered to be one employer. 3-25 (11) "Small employer carrier" means a carrier that 3-26 offers a health benefits plan that provides coverage for employees 3-27 of a small employer. 4-1 Sec. 3. APPLICABILITY. This article applies to a health 4-2 benefits plan that provides coverage to one or more employees of a 4-3 small employer. 4-4 Sec. 4. CLASS OF BUSINESS; DISTINCT GROUPINGS. (a) In this 4-5 article, a class of business is composed of: 4-6 (1) all small employers as shown on the records of a 4-7 small employer carrier; or 4-8 (2) a distinct grouping of small employers established 4-9 by a small employer carrier in accordance with this section. 4-10 (b) A small employer carrier may establish a distinct 4-11 grouping of small employers only if the applicable health benefits 4-12 plans: 4-13 (1) are marketed and sold through persons that are not 4-14 participating in the marketing or sale of other distinct groupings 4-15 of small employers for the small employer carrier; 4-16 (2) have been acquired from another small employer 4-17 carrier as a distinct grouping of plans; 4-18 (3) are provided through an association with a 4-19 membership of not less than 15 small employers that is formed for 4-20 purposes other than obtaining a health benefits plan; or 4-21 (4) meet the requirements for exception to the 4-22 restrictions related to premium rates provided by Section 5(b)(1) 4-23 of this article. 4-24 (c) A small employer carrier may divide a distinct grouping 4-25 established under Subsection (b) of this section into not more than 4-26 two subgroupings on the basis of underwriting criteria that are 4-27 expected to produce substantial variation in the health care costs. 5-1 (d) The commissioner, on application, may approve the 5-2 establishment of additional distinct groupings if the commissioner 5-3 finds that establishing those groupings would enhance the 5-4 efficiency and fairness of the small employer health insurance 5-5 marketplace. 5-6 Sec. 5. RESTRICTIONS RELATING TO PREMIUM RATES. (a) Except 5-7 as provided by Subsection (b) of this section, the index rate for a 5-8 rating period for a class of business written by a small employer 5-9 carrier may not exceed the index rate for any other class of 5-10 business written by that carrier plus 20 percent of that index 5-11 rate. 5-12 (b) Subsection (a) of this section does not apply to a class 5-13 of business if: 5-14 (1) the class of business is one for which the carrier 5-15 does not reject, and never has rejected, a small employer included 5-16 within the definition of employers eligible for the class of 5-17 business or otherwise eligible employees and dependents who enroll 5-18 on a timely basis based on claim experience or health status; 5-19 (2) the carrier does not involuntarily transfer, and 5-20 never has involuntarily transferred, a health benefits plan into or 5-21 out of the class of business; and 5-22 (3) the class of business is currently available for 5-23 purchase from the carrier. 5-24 (c) For a class of business, the premium rate charged during 5-25 a rating period to a small employer with similar case 5-26 characteristics for the same or similar coverage, or the rate that 5-27 could be charged to that employer under the rating system for that 6-1 class of business, may not vary from the index rate by more than 25 6-2 percent of the index rate. 6-3 (d) The percentage increase in the premium rate charged to a 6-4 small employer for a new rating period may not exceed the sum of: 6-5 (1) the percentage change in the new business premium 6-6 rate measured from the first day of the prior rating period to the 6-7 first day of the new rating period except that, in the case of a 6-8 class of business for which the small employer carrier is not 6-9 issuing new policies, the small employer carrier shall use the 6-10 percentage change in the base premium rate; 6-11 (2) an adjustment, not to exceed 15 percent annually 6-12 and adjusted pro rata for rating periods of less than one year, due 6-13 to the claim experience, health status, or duration of coverage of 6-14 the employees or dependents of the small employer as determined 6-15 from the carrier's rate manual for the class of business; and 6-16 (3) any adjustment due to change in coverage or change 6-17 in the case characteristics of the small employer as determined 6-18 from the small employer carrier's rate manual for the class of 6-19 business. 6-20 (e) This section does not prohibit the use of legitimate 6-21 rating factors other than claim experience, health status, and 6-22 duration of coverage in the determination of premium rates. Small 6-23 employer carriers shall apply rating factors, including case 6-24 characteristics, consistently with respect to all small employers 6-25 in a class of business. 6-26 (f) A small employer carrier may not involuntarily transfer 6-27 a small employer, an individual, or group into or out of a class of 7-1 business. A small employer carrier may not offer to transfer a 7-2 small employer group into or out of a class of business unless the 7-3 offer is made to transfer all small employers in the class of 7-4 business without regard to case characteristics, claim experience, 7-5 health status, or duration of coverage since the date of issuance 7-6 of the plan. 7-7 Sec. 6. RENEWAL OF COVERAGE. (a) Except as provided by 7-8 Subsection (c) of this section, a health benefits plan subject to 7-9 this article is renewable at the option of the small employer 7-10 unless: 7-11 (1) the small employer: 7-12 (A) does not pay required premiums; 7-13 (B) commits fraud or misrepresentation; 7-14 (C) does not comply with plan provisions; or 7-15 (D) is no longer actively engaged in the 7-16 business in which it was engaged on the effective date of the plan; 7-17 or 7-18 (2) the number of individuals covered under the plan 7-19 is less than the number of eligible individuals required by 7-20 percentage requirements under the plan. 7-21 (b) Except as provided by Subsection (c) of this section, 7-22 coverage for an eligible employee or dependent under a health 7-23 benefits plan that is renewed under Subsection (a) of this section 7-24 is renewable unless the eligible employee or dependent, or a 7-25 representative of the eligible employee or dependent, commits fraud 7-26 or misrepresentation. 7-27 (c) A small employer carrier may cease to renew all plans in 8-1 a class of business. The carrier shall provide notice to all 8-2 affected small employers and to the commissioner or similar 8-3 official of each state in which an affected insured individual is 8-4 known to reside not later than the 90th day before termination of 8-5 coverage. A carrier that exercises its right to cease to renew all 8-6 plans in a class of business may not: 8-7 (1) establish a new class of business for six years 8-8 after the nonrenewal of the plans without prior approval of the 8-9 commissioner; or 8-10 (2) transfer or otherwise provide coverage to an 8-11 employer from the nonrenewed class of business unless the carrier 8-12 offers to transfer or provide coverage to all affected employers 8-13 and eligible employees and dependents without regard to case 8-14 characteristics, claim experience, health status, or duration of 8-15 coverage. 8-16 Sec. 7. Disclosure of Rating Practices and Renewability 8-17 Provisions. A small employer carrier, in solicitation and sales 8-18 materials provided to small employers, shall disclose: 8-19 (1) the extent to which premium rates for a specific 8-20 small employer are established or adjusted because of the claim 8-21 experience, health status, or duration of coverage of the employees 8-22 or dependents of the small employer; 8-23 (2) the policy provisions concerning the carrier's 8-24 right to change premium rates and the factors, including case 8-25 characteristics, that affect changes in premium rates; 8-26 (3) a description of the class of business in which 8-27 the small employer is or will be included, including the applicable 9-1 health benefits plans; and 9-2 (4) the policy provisions relating to renewability of 9-3 coverage. 9-4 Sec. 8. Maintenance of Records. (a) Each small employer 9-5 carrier shall maintain at its principal place of business a 9-6 complete and detailed description of its rating practices and 9-7 renewal underwriting practices, including information and 9-8 documentation that demonstrate that its rating methods and 9-9 practices are based on commonly accepted actuarial assumptions and 9-10 are in accordance with sound actuarial principles. 9-11 (b) A small employer carrier shall make the information and 9-12 documentation described by Subsection (a) of this section available 9-13 to the commissioner on request under Article 1.24 of this code. 9-14 The information is not subject to disclosure under the Texas open 9-15 records law, Chapter 424, Acts of the 63rd Legislature, Regular 9-16 Session, 1973 (Article 6252-17a, Vernon's Texas Civil Statutes), 9-17 except as ordered by a court of competent jurisdiction. 9-18 Sec. 9. ACTUARIAL CERTIFICATION. (a) Not later than March 9-19 1 of each year, each small employer carrier shall file with the 9-20 commissioner a written actuarial certification stating that the 9-21 carrier is in compliance with Section 8 of this article and that 9-22 the rating methods of the carrier are actuarially sound. 9-23 (b) A copy of the actuarial certification shall be retained 9-24 by the small employer carrier at its principal place of business. 9-25 (c) An actuarial certification under this section must be 9-26 made by a member of the American Academy of Actuaries or by another 9-27 person acceptable to the commissioner and must be based on that 10-1 person's examination of the small employer carrier, including 10-2 review of the appropriate records and of the actuarial assumptions 10-3 and methods used by the carrier in establishing premium rates for 10-4 health benefits plans. 10-5 Sec. 10. SUSPENSION OF PREMIUM RATE RESTRICTIONS. (a) A 10-6 small employer carrier may file a request for suspension of all or 10-7 part of Section 5 of this article applicable to a small employer 10-8 class of business for one or more rating periods. 10-9 (b) The commissioner may grant a request filed under 10-10 Subsection (a) of this section if the commissioner finds that the 10-11 suspension: 10-12 (1) is reasonable in light of the financial condition 10-13 of the carrier; or 10-14 (2) would enhance the efficiency and fairness of the 10-15 small group health insurance marketplace. 10-16 SECTION 2. (a) This Act takes effect September 1, 1993, and 10-17 applies only to rates charged on or after January 1, 1994. 10-18 (b) In the case of a health benefits plan subject to Article 10-19 3.50-7, Insurance Code, as added by this Act, and issued before 10-20 January 1, 1994, a premium rate charged before January 1, 1999, may 10-21 exceed the ranges described by Sections 5(a) and (c), Article 10-22 3.50-7, Insurance Code, as added by this Act. In that case, the 10-23 percentage increase in the premium rate may not exceed the sum of: 10-24 (1) the percentage change in the new business premium 10-25 rate measured from the first day of the prior rating period to the 10-26 first day of the new rating period except that, in the case of a 10-27 class of business for which the small employer carrier is not 11-1 issuing new policies, the carrier shall use the percentage change 11-2 in the base premium rate; and 11-3 (2) any adjustment due to change in coverage or change 11-4 in the case characteristics of the small employer as determined 11-5 from the carrier's rate manual for the class of business. 11-6 SECTION 3. The importance of this legislation and the 11-7 crowded condition of the calendars in both houses create an 11-8 emergency and an imperative public necessity that the 11-9 constitutional rule requiring bills to be read on three several 11-10 days in each house be suspended, and this rule is hereby suspended.