By Kitchen H.B. No. 2482 77R3597 AJA-D A BILL TO BE ENTITLED 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 not unreasonably greater than the amount 1-15 necessary to provide benefits 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) In adopting rules under this section, the commissioner 1-23 shall consider any model statute or rule adopted by the National 1-24 Association of Insurance Commissioners relating to the 2-1 stabilization of long-term care insurance premium rates. The 2-2 commissioner by rule may adopt any requirement reflected in one of 2-3 those models. 2-4 (c) In adopting rules under this section, the commissioner 2-5 may exempt long-term care insurance policies from the requirements 2-6 of Section 4 of this article. 2-7 SECTION 2. (a) This Act takes effect September 1, 2001. 2-8 (b) The commissioner shall adopt rules under Section 5A, 2-9 Article 3.70-12, Insurance Code, as added by this Act, not later 2-10 than January 1, 2002.