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.