73R9357 DLF-F
          By Shields                                            H.B. No. 1540
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to regulation of multiple employer welfare arrangements.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subchapter E, Chapter 21, Insurance Code, is
    1-5  amended by adding Article 21.58C to read as follows:
    1-6        Art. 21.58C.  MULTIPLE EMPLOYER WELFARE ARRANGEMENTS
    1-7        Sec. 1.  DEFINITIONS.  In this article:
    1-8              (1)  "Board" means the State Board of Insurance.
    1-9              (2)  "Certificate" means a certificate issued under
   1-10  this article to act as a multiple employer welfare arrangement.
   1-11              (3)  "Department" means the Texas Department of
   1-12  Insurance.
   1-13              (4)  "Multiple employer welfare arrangement" means an
   1-14  arrangement that:
   1-15                    (A)  is established or maintained to offer or
   1-16  provide to the employees of two or more employers, or the
   1-17  beneficiaries of those employees, any benefit that may be provided
   1-18  by a multiple employer welfare arrangement under 29 U.S.C.
   1-19  Section 1002, including medical, surgical, or hospital benefits;
   1-20  and
   1-21                    (B)  qualifies as a multiple employer welfare
   1-22  arrangement under 29 U.S.C. Section 1002.
   1-23        Sec. 2.  CERTIFICATE TO ACT AS MULTIPLE EMPLOYER WELFARE
   1-24  ARRANGEMENT REQUIRED.  A person may not act as a multiple employer
    2-1  welfare arrangement unless the department has issued a certificate
    2-2  to act as a multiple employer welfare arrangement to that person
    2-3  under this article.
    2-4        Sec. 3.  POWERS AND DUTIES OF BOARD.  (a)  The board shall:
    2-5              (1)  prescribe application forms for issuance and
    2-6  renewal of a certificate;
    2-7              (2)  adopt rules necessary for the administration of
    2-8  this article; and
    2-9              (3)  take other action necessary for the enforcement of
   2-10  this article.
   2-11        (b)  The board may prescribe forms for actuarial reports
   2-12  submitted under this article.
   2-13        (c)  The board shall set application and renewal fees in
   2-14  amounts that are reasonable and necessary to defray the cost of
   2-15  administering this article.
   2-16        Sec. 4.  APPLICATION FOR CERTIFICATE.  (a)  An applicant for
   2-17  issuance of a certificate must submit an application accompanied by
   2-18  an actuarial report and the required fee.
   2-19        (b)  The department shall issue a certificate to an applicant
   2-20  who satisfies the requirements of this section and Section 5 of
   2-21  this article.
   2-22        Sec. 5.  REQUIREMENTS FOR CERTIFICATE.  (a)  To be eligible
   2-23  for a certificate, the applicant must:
   2-24              (1)  be actuarially sound, as determined by the board
   2-25  from the most recent actuarial report submitted by the applicant;
   2-26              (2)  hold a cash reserve in the amount recommended in
   2-27  the most recent actuarial report submitted by the applicant; and
    3-1              (3)  maintain aggregate stop-loss insurance, in a form
    3-2  approved by the board, providing coverage in an amount equal to at
    3-3  least 125 percent of projected annual claims and maintain specific
    3-4  stop-loss insurance, in a form approved by the board, providing
    3-5  coverage in an amount equal to not more than five percent of
    3-6  projected annual claims.
    3-7        (b)  Each member of the governing body of a multiple employer
    3-8  welfare arrangement must be a representative of an employer
    3-9  participating in that multiple employer welfare arrangement and may
   3-10  not receive remuneration, other than reimbursement for actual
   3-11  expenses incurred, for serving as a member of the governing body.
   3-12        (c)  An employer participating in a multiple employer welfare
   3-13  arrangement must be a bona fide business, as determined by the
   3-14  board, and may not have been formed for the sole purpose of
   3-15  providing employee benefits.
   3-16        Sec. 6.  RENEWAL.  (a)  A certificate is valid for one year.
   3-17        (b)  A multiple employer welfare arrangement may apply to
   3-18  renew the certificate by filing a renewal application accompanied
   3-19  by an actuarial report and the required fee.
   3-20        (c)  The department shall renew the certificate if the
   3-21  multiple employer welfare arrangement complies with this section
   3-22  and Section 5 of this article.
   3-23        Sec. 7.  ACTUARIAL REPORTS.  An actuarial report submitted
   3-24  under this article must:
   3-25              (1)  be prepared and certified by an actuary who is not
   3-26  an employee of the multiple employer welfare arrangement and who is
   3-27  a fellow of the Society of Actuaries, a member of the American
    4-1  Academy of Actuaries, or an enrolled actuary under the Employee
    4-2  Retirement Income Security Act of 1979 (29 U.S.C. Section 1001 et
    4-3  seq.);
    4-4              (2)  reflect the actuarial condition of the multiple
    4-5  employer welfare arrangement as of a date that is not more than 30
    4-6  days before the date on which the report is filed with the
    4-7  department; and
    4-8              (3)  include a recommended cash reserve to be
    4-9  maintained by the multiple employer welfare arrangement during the
   4-10  following reporting year.
   4-11        Sec. 8.  FULLY INSURED MULTIPLE EMPLOYER WELFARE ARRANGEMENT
   4-12  EXEMPT.  (a)  This article does not apply to a multiple employer
   4-13  welfare arrangement that is fully insured for purposes of 29 U.S.C.
   4-14  Section 1144(b)(6).
   4-15        (b)  A multiple employer welfare arrangement shall be
   4-16  presumed fully insured for purposes of this article and Section
   4-17  2(a)7(ii), Article 1.14-1, of this code, if a group master policy
   4-18  of insurance is issued to the multiple employer welfare arrangement
   4-19  funding the benefits offered by the multiple employer welfare
   4-20  arrangement by a company licensed to act as an insurer in this
   4-21  state and authorized to write the line or lines of insurance
   4-22  contained within the group master policy of insurance issued to the
   4-23  multiple employer welfare arrangement and certificates of insurance
   4-24  evidencing coverage under the group master policy of insurance are
   4-25  issued by the company to the individual participants in the
   4-26  multiple employer welfare arrangement or if the multiple employer
   4-27  welfare arrangement enters into a reinsurance treaty, contract, or
    5-1  agreement with a company licensed to act as an insurer in this
    5-2  state.  The company entering into a reinsurance treaty, contract,
    5-3  or agreement with a multiple employer welfare arrangement is
    5-4  required (1) to be rated B+ or better by Best's Insurance Reports,
    5-5  (2) to be possessed of at least ten million and no/100 dollars
    5-6  ($10,000,000.00) of surplus in excess of required statutory
    5-7  capital, (3) to have been authorized to act as an insurer by the
    5-8  Texas Department of Insurance in this state for at least ten (10)
    5-9  years, (4) to be possessed of assets at least equal to reserves
   5-10  necessary to pay claims arising under the reinsurance treaty,
   5-11  contract, or agreement issued to the multiple employer welfare
   5-12  arrangement, (5) to act as the administrator of claims arising
   5-13  under the benefit plan sponsored by the multiple employer welfare
   5-14  arrangement to which the reinsurance treaty, contract, or agreement
   5-15  is issued, (6) to pay premium tax in accordance with Article 4.11
   5-16  of this code on the total monetary consideration received from the
   5-17  multiple employer welfare arrangement by the company for the
   5-18  issuance of the reinsurance treaty, contract, or agreement, and (7)
   5-19  to include a provision in the reinsurance treaty, contract, or
   5-20  agreement providing that in the event the multiple employer welfare
   5-21  arrangement is unable to fund a portion of any claim retained by
   5-22  the multiple employer welfare arrangement, the company will provide
   5-23  the multiple employer welfare arrangement the funds necessary to
   5-24  pay the portion of the claim retained by the multiple employer
   5-25  welfare arrangement which is unfunded by the multiple employer
   5-26  welfare arrangement.  Further, the multiple employer welfare
   5-27  arrangement reinsured by a reinsurance treaty, contract, or
    6-1  agreement issued in accordance with this subsection may only
    6-2  solicit participation in this state in the benefit plan offered by
    6-3  the multiple employer welfare arrangement through insurance agents
    6-4  licensed in this state and appointed to act as an agent in this
    6-5  state by the company issuing the reinsurance treaty, contract, or
    6-6  agreement to the multiple employer welfare arrangement.  A multiple
    6-7  employer welfare arrangement having a group master policy of
    6-8  insurance issued to it or entering into a reinsurance treaty,
    6-9  contract, or agreement in accordance with this subsection shall be
   6-10  considered able to pay benefits in full when due.
   6-11        SECTION 2.  (a)  This Act takes effect September 1, 1993,
   6-12  and, except as provided by Subsection (b) of this section, applies
   6-13  only to a multiple employer welfare arrangement operating on or
   6-14  after January 1, 1994.  The operation of a multiple employer
   6-15  welfare arrangement before January 1, 1994, is subject to the law
   6-16  as it existed immediately before the effective date of this Act,
   6-17  and that law is continued in effect for that purpose.
   6-18        (b)  A multiple employer welfare arrangement that was
   6-19  operating before January 1, 1994, and that continues to operate
   6-20  after that date shall comply with the requirements of this Act not
   6-21  later than January 1, 1996.
   6-22        SECTION 3.  The importance of this legislation and the
   6-23  crowded condition of the calendars in both houses create an
   6-24  emergency and an imperative public necessity that the
   6-25  constitutional rule requiring bills to be read on three several
   6-26  days in each house be suspended, and this rule is hereby suspended.