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.