1-1 AN ACT 1-2 relating to stabilization of long-term care insurance premium 1-3 rates. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Article 3.70-12, Insurance Code, is amended by 1-6 adding Section 5A to read as follows: 1-7 Sec. 5A. RATE STABILIZATION. (a) The commissioner shall 1-8 adopt rules to stabilize long-term care insurance premium rates by: 1-9 (1) ensuring that: 1-10 (A) initial rates for long-term care insurance 1-11 policy forms are adequate; and 1-12 (B) any rate schedule increases for long-term 1-13 care insurance policies made after issuance of the policies are 1-14 justified, adequate, and reasonable in relation to benefits 1-15 provided to policy or certificate holders; 1-16 (2) requiring any appropriate policy terms; 1-17 (3) imposing penalties on insurers or other entities 1-18 subject to this article that violate a rule adopted under this 1-19 section; and 1-20 (4) protecting policy and certificate holders affected 1-21 by a rate schedule increase. 1-22 (b) Except as provided by this subsection, the commissioner 1-23 shall adopt rules under this section that are consistent with 1-24 nationally recognized models relating to the stabilization of 2-1 long-term care insurance premium rates that existed on January 1, 2-2 2001. The commissioner may adopt rules consistent with any of 2-3 those models as they are amended after January 1, 2001. The 2-4 commissioner shall adopt rules under this subsection that: 2-5 (1) to the extent possible, contribute to the 2-6 uniformity of state laws; and 2-7 (2) protect consumers. 2-8 (c) In adopting rules under this section, the commissioner 2-9 may exempt long-term care insurance policies from the requirements 2-10 of Sections 4(a) and (c) of this article. 2-11 SECTION 2. (a) This Act takes effect September 1, 2001. 2-12 (b) The commissioner of insurance shall adopt rules under 2-13 Section 5A, Article 3.70-12, Insurance Code, as added by this Act, 2-14 not later than January 1, 2002. _______________________________ _______________________________ President of the Senate Speaker of the House I certify that H.B. No. 2482 was passed by the House on May 5, 2001, by a non-record vote. _______________________________ Chief Clerk of the House I certify that H.B. No. 2482 was passed by the Senate on May 22, 2001, by the following vote: Yeas 30, Nays 0, 1 present, not voting. _______________________________ Secretary of the Senate APPROVED: __________________________ Date __________________________ Governor