By:  Shields                                          H.B. No. 1540
       73R2244 DLF-D
                                 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.  DEFINITIONS.  In this Act:
    1-5              (1)  "Board" means the State Board of Insurance.
    1-6              (2)  "Certificate" means a certificate issued under
    1-7  this Act to act as a multiple employer welfare arrangement.
    1-8              (3)  "Department" means the Texas Department of
    1-9  Insurance.
   1-10              (4)  "Multiple employer welfare arrangement" means an
   1-11  arrangement that:
   1-12                    (A)  is established or maintained to offer or
   1-13  provide to the employees of two or more employers, or the
   1-14  beneficiaries of those employees, any benefit that may be provided
   1-15  by a multiple employer welfare arrangement under 29 U.S.C. Sec.
   1-16  1002, including medical, surgical, or hospital benefits; and
   1-17                    (B)  qualifies as a multiple employer welfare
   1-18  arrangement under 29 U.S.C. Sec. 1002.
   1-19        SECTION 2.  CERTIFICATE TO ACT AS MULTIPLE EMPLOYER WELFARE
   1-20  ARRANGEMENT REQUIRED.  A person may not act as a multiple employer
   1-21  welfare arrangement unless the department has issued a certificate
   1-22  to act as a multiple employer welfare arrangement to that person
   1-23  under this Act.
   1-24        SECTION 3.  POWERS AND DUTIES OF BOARD.  (a)  The board
    2-1  shall:
    2-2              (1)  prescribe application forms for issuance and
    2-3  renewal of a certificate;
    2-4              (2)  adopt rules necessary for the administration of
    2-5  this Act; and
    2-6              (3)  take other action necessary for the enforcement of
    2-7  this Act.
    2-8        (b)  The board may prescribe forms for actuarial reports
    2-9  submitted under this Act.
   2-10        (c)  The board shall set application and renewal fees in
   2-11  amounts that are reasonable and necessary to defray the cost of
   2-12  administering this Act.
   2-13        SECTION 4.  APPLICATION FOR CERTIFICATE.  (a)  An applicant
   2-14  for issuance of a certificate must submit an application
   2-15  accompanied by an actuarial report and the required fee.
   2-16        (b)  The department shall issue a certificate to an applicant
   2-17  who satisfies the requirements of this section and Section 5 of
   2-18  this Act.
   2-19        SECTION 5.  REQUIREMENTS FOR CERTIFICATE.  (a)  To be
   2-20  eligible for a certificate, the applicant must:
   2-21              (1)  be actuarially sound, as determined by the board
   2-22  from the most recent actuarial report submitted by the applicant;
   2-23              (2)  hold a cash reserve in the amount recommended in
   2-24  the most recent actuarial report submitted by the applicant; and
   2-25              (3)  maintain aggregate stop-loss insurance, in a form
   2-26  approved by the board, providing coverage in an amount equal to at
   2-27  least 125 percent of projected annual claims and maintain specific
    3-1  stop-loss insurance, in a form approved by the board, providing
    3-2  coverage in an amount equal to not more than five percent of
    3-3  projected annual claims.
    3-4        (b)  Each member of the governing body of a multiple employer
    3-5  welfare arrangement must be a representative of an employer
    3-6  participating in that multiple employer welfare arrangement and may
    3-7  not receive remuneration, other than reimbursement for actual
    3-8  expenses incurred, for serving as a member of the governing body.
    3-9        (c)  An employer participating in a multiple employer welfare
   3-10  arrangement must be a bona fide business, as determined by the
   3-11  board, and may not have been formed for the sole purpose of
   3-12  providing employee benefits.
   3-13        SECTION 6.  RENEWAL.  (a)  A certificate is valid for one
   3-14  year.
   3-15        (b)  A multiple employer welfare arrangement may apply to
   3-16  renew the certificate by filing a renewal application accompanied
   3-17  by an actuarial report and the required fee.
   3-18        (c)  The department shall renew the certificate if the
   3-19  multiple employer welfare arrangement complies with this section
   3-20  and Section 5 of this Act.
   3-21        SECTION 7.  ACTUARIAL REPORTS.  An actuarial report submitted
   3-22  under this Act must:
   3-23              (1)  be prepared and certified by an actuary who is not
   3-24  an employee of the multiple employer welfare arrangement and who is
   3-25  a fellow of the Society of Actuaries, a member of the American
   3-26  Academy of Actuaries, or an enrolled actuary under the Employee
   3-27  Retirement Income Security Act of 1979 (29 U.S.C. Sec. 1001 et
    4-1  seq.);
    4-2              (2)  reflect the actuarial condition of the multiple
    4-3  employer welfare arrangement as of a date that is not more than 30
    4-4  days before the date on which the report is filed with the
    4-5  department; and
    4-6              (3)  include a recommended cash reserve to be
    4-7  maintained by the multiple employer welfare arrangement during the
    4-8  following reporting year.
    4-9        SECTION 8.  FULLY INSURED MULTIPLE EMPLOYER WELFARE
   4-10  ARRANGEMENT EXEMPT.  This Act does not apply to a multiple employer
   4-11  welfare arrangement that is fully insured for purposes of 29 U.S.C.
   4-12  Sec. 1144(b)(6).
   4-13        SECTION 9.  TRANSITION.  (a)  This Act takes effect September
   4-14  1, 1993, and, except as provided by Subsection (b) of this section,
   4-15  applies only to a multiple employer welfare arrangement operating
   4-16  on or after January 1, 1994.  The operation of a multiple employer
   4-17  welfare arrangement before January 1, 1994, is subject to the law
   4-18  as it existed immediately before the effective date of this Act,
   4-19  and that law is continued in effect for that purpose.
   4-20        (b)  A multiple employer welfare arrangement that was
   4-21  operating before January 1, 1994, and that continues to operate
   4-22  after that date shall comply with the requirements of this Act not
   4-23  later than January 1, 1996.
   4-24        SECTION 10.  EMERGENCY.  The importance of this legislation
   4-25  and the crowded condition of the calendars in both houses create an
   4-26  emergency   and   an   imperative   public   necessity   that   the
   4-27  constitutional rule requiring bills to be read on three several
    5-1  days in each house be suspended, and this rule is hereby suspended.