HBA-DMH C.S.H.B. 2159 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2159
By: Thompson
Insurance
4/4/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Credit life insurance and credit accident and health insurance products are
sold in conjunction with credit transactions.  Generally, such products are
made available to a consumer who purchases an item of substantial cost and
intends to make payments on that purchase.  The purpose of the insurance
product is to protect the debtor during the term of the contract by
ensuring the loan will be repaid if the debtor is unable to pay because of
serious illness or death.  Currently, the commissioner of insurance
(commissioner) sets the applicable rates for this product.  C.S.H.B. 2159
authorizes an insurer to establish rates if the rates comply with certain
conditions determined by the commissioner. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority expressly delegated  
to the commissioner of insurance in SECTION 1 (Section 3, Article 3.28,
Insurance Code) and SECTION 2 (Section 8, Article 3.53, Insurance Code) of
this bill. 

ANALYSIS

C.S.H.B. 2159 amends the Insurance Code to authorize the commissioner of
insurance (commissioner) by rule, rather than the State Board of Insurance
(board), to adopt after notice and hearing a presumptive premium rate for
various classes of business and terms of coverage for credit life insurance
and credit accident and health insurance (insurance).  The bill requires an
insurer that does not adopt a different presumptive premium rate to adopt
the presumptive rate adopted by the commissioner.  The commissioner is
required to set forth in the order adopting a presumptive rate findings and
conclusions on all material issues presented at a hearing. 

Not later than the 30th day after the date a presumptive rate takes effect,
the bill requires an insurer to file with the commissioner the insurer's
proposed rate for insurance.  The bill prohibits an insurer from using a
rate that is more than 30 percent higher or more than 30 percent lower than
the presumptive rate. 

The bill authorizes the commissioner to conduct a hearing to determine
whether a rate filed by an insurer is in compliance.  If, after a hearing,
the commissioner finds that a rate is not in compliance, the bill requires
the commissioner to enter an order suspending the rate and stating the
specific reasons that the rate is noncompliant.  In an order filed
suspending a rate, the bill requires the commissioner to establish a date
after which the insurer is required to charge the presumptive rate.  These
provisions do not preclude an insurer from refiling a rate.  The bill
requires a hearing to be a contested hearing conducted under the
Administrative Procedure Act and governed by insurance rules for judicial
review. 

The bill authorizes an insurer to file with the commissioner a proposed
rate for insurance that is more than 30 percent higher than or more than 30
percent lower than the presumptive rate adopted by the commissioner.  The
bill authorizes the commissioner to disapprove a rate filed on the ground
that the rate is not in compliance.  If the commissioner does not
disapprove the rate within a specified time period, the rate is considered
approved.  The bill provides that a rate is not excessive unless the rate
is unreasonably high for the coverage provided and a reasonable degree of
competition does not exist with respect to the  classification to which the
rate is applicable.  A rate filed is not inadequate unless either the rate
is insufficient to sustain projected losses and expenses, or the rate
substantially impairs, or is likely to substantially impair, competition
with respect to the sale of the product. 

The bill provides that the minimum reserve requirements applicable to a
credit life policy issued under provisions regarding credit life and credit
health and accident insurance are met if, in aggregate, the reserves are
maintained at 100 percent of the 1980 Commissioner's Standard Ordinary
Mortality Table, with interest not to exceed 5.5 percent.  The bill
establishes that provisions regarding the duties of the State Office of
Administrative Hearings and the commissioner in certain rate setting
proceedings do not apply to a proceeding relating to adopting a presumptive
rate.  The bill prohibits the reserves from being less than the unearned
premium reserve required for such policies. If the commissioner approves a
later version of the Commissioner's Standard Ordinary Mortality Table the
bill authorizes the commissioner to use a later version of the mortality
table. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2159 differs from the original bill by increasing from 75 percent
to 100 percent of the 1980 Commissioner's Standard Ordinary Mortality
Table, or a later version of the mortality table if authorized by the
commissioner, the minimum reserve requirements applicable to a policy
issued under provisions regarding credit life and credit health and
accident insurance.  The substitute prohibits the reserves from being less
than the unearned premium reserve required for such policies. The
substitute requires a hearing regarding rate compliance, approval, or
disapproval to be a contested hearing conducted under the Administrative
Procedure Act and governed by insurance rules for judicial review.  The
substitute provides that an aggrieved person files a petition for judicial
review in a district court in Travis county.  The substitute requires the
commissioner to set forth in the order adopting a presumptive rate findings
and conclusions on all material issues presented at the hearing.