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.