Senate Amendment 5152


PAG LIN

     1  1    Amend Senate File 2356 as follows:
     1  2 #1.  By striking page 11, line 15, through page 21,
     1  3 line 26, and inserting:
     1  4    <Sec. ___.  NEW SECTION.  505.32  Iowa insurance
     1  5 information exchange.
     1  6    1.  Purposes.  The purposes of this section include
     1  7 but are not limited to providing an information
     1  8 clearinghouse where all Iowans can obtain information
     1  9 about health care coverage that is available in the
     1 10 state including comparisons of benefits, premiums, and
     1 11 out=of=pocket costs and where the uninsured can receive
     1 12 assistance regarding health care coverage.
     1 13    2.  Definitions.  As used in this section, unless
     1 14 the context otherwise requires:
     1 15    a.  "Board" means the advisory board of the Iowa
     1 16 insurance information exchange.
     1 17    b.  "Carrier" means an insurer providing accident
     1 18 and sickness insurance under chapter 509, 514, or
     1 19 514A and  includes a health maintenance organization
     1 20 established under chapter 514B if payments received
     1 21 by the health maintenance organization are considered
     1 22 premiums pursuant to section 514B.31 and are taxed
     1 23 under chapter 432.  "Carrier" also includes a
     1 24 corporation which becomes a mutual insurer pursuant
     1 25 to section 514.23 and any other person as defined in
     1 26 section 4.1, who is or may become liable for the tax
     1 27 imposed by chapter 432.
     1 28    c.  "Commissioner" means the commissioner of
     1 29 insurance.
     1 30    d.  "Creditable coverage" means the same as defined
     1 31 in section 513B.2.
     1 32    e.  "Exchange" means the Iowa insurance information
     1 33 exchange.
     1 34    f.  "Group health plan" means the same as defined in
     1 35 section 513B.2.
     1 36    g.  "Health care services" means services, the
     1 37 coverage of which is authorized under chapter 509, 514,
     1 38 514A, or 514B and includes services for the purposes
     1 39 of preventing, alleviating, curing, or healing human
     1 40 illness, injury, or physical disability.
     1 41    h.  "Health insurance" means accident and sickness
     1 42 insurance authorized by chapter 509, 514, or 514A.
     1 43    i.  (1)  "Health insurance coverage" means health
     1 44 insurance  coverage offered to individuals.
     1 45    (2)  "Health insurance coverage" does not include any
     1 46 of the following:
     1 47    (a)  Coverage for accident=only or disability income
     1 48 insurance.
     1 49    (b)  Coverage issued as a supplement to liability
     1 50 insurance.
     2  1    (c)  Liability insurance, including general
     2  2 liability insurance and automobile liability insurance.
     2  3    (d)  Workers' compensation or similar insurance.
     2  4    (e)  Automobile medical=payment insurance.
     2  5    (f)  Credit=only insurance.
     2  6    (g)  Coverage for on=site medical clinic care.
     2  7    (h)  Other similar insurance coverage, specified in
     2  8 federal regulations, under which benefits for medical
     2  9 care are secondary or incidental to other insurance
     2 10 coverage or benefits.
     2 11    (3)  "Health insurance coverage" does not include
     2 12 benefits  provided under a separate policy as follows:
     2 13    (a)  Limited=scope dental or vision benefits.
     2 14    (b)  Benefits for long=term care, nursing home care,
     2 15 home health care, or community=based care.
     2 16    (c)  Any other similar limited benefits as provided
     2 17 by rule of the commissioner.
     2 18    (4)  "Health insurance coverage" does not include
     2 19 benefits offered as independent noncoordinated benefits
     2 20 as follows:
     2 21    (a)  Coverage only for a specified disease or
     2 22 illness.
     2 23    (b)  A hospital indemnity or other fixed indemnity
     2 24 insurance.
     2 25    (5)  "Health insurance coverage" does not include
     2 26 Medicare supplemental health insurance as defined under
     2 27 section 1882(g)(1) of the federal Social Security Act,
     2 28 coverage supplemental to the coverage provided under
     2 29 10 U.S.C. ch. 55 and similar supplemental coverage
     2 30 provided to coverage under group health insurance
     2 31 coverage.
     2 32    j.  "Medical assistance program" means the
     2 33 federal=state assistance program established under Tit.
     2 34 XIX of the federal Social Security Act and chapter
     2 35 249A.
     2 36    k.  "Medicare" means the federal government health
     2 37 insurance program established under Tit. XVIII of the
     2 38 federal Social Security Act.
     2 39    l.  "Organized delivery system" means an organized
     2 40 delivery system as licensed by the director of public
     2 41 health.
     2 42    3.  Iowa insurance information exchange established ==
     2 43  advisory board.
     2 44    a.  An Iowa insurance information exchange is
     2 45 established in the insurance division of the department
     2 46 of commerce under the purview of the commissioner of
     2 47 insurance.
     2 48    b.  The exchange shall exercise its powers in
     2 49 consultation with the advisory board established under
     2 50 this subsection.
     3  1    c.  The advisory board of the exchange shall consist
     3  2 of the following members:
     3  3    (1)  The following persons who are voting members
     3  4 of the board appointed by the governor and subject to
     3  5 confirmation by the senate:
     3  6    (a)  A health care academic with a background in
     3  7 economics, law, or public health.
     3  8    (b)  An executive of a carrier.
     3  9    (c)  A health benefits manager of a company.
     3 10    (d)  A health care analyst representing a public or
     3 11 private employee bargaining unit.
     3 12    (e)  A health care analyst representing an organized
     3 13 consumer group.
     3 14    (f)  A health care provider.
     3 15    (g)  An insurance agent.
     3 16    (2)  The following persons who are ex officio,
     3 17 nonvoting members of the board:
     3 18    (a)  The commissioner of insurance, or a designee.
     3 19    (b)  The Iowa Medicaid director, or a designee.
     3 20    (c)  Four members of the general assembly,
     3 21 one appointed by the speaker of the house of
     3 22 representatives, one appointed by  the minority leader
     3 23 of the house of representatives, one appointed by the
     3 24 majority leader of the senate, and one appointed by the
     3 25 minority leader of the senate.
     3 26    d.  Each member of the board appointed by the
     3 27 governor shall be a resident of this state and the
     3 28 composition of voting members of the board shall be in
     3 29 compliance with sections 69.16, 69.16A, and 69.16C.
     3 30    e.  The voting members of the board shall be
     3 31 appointed for terms of six years beginning and ending
     3 32 as provided in section 69.19.  A member of the board is
     3 33 eligible for reappointment.  The governor shall fill
     3 34 a vacancy for the remainder of the unexpired term.  A
     3 35 member of the board may be removed by the governor for
     3 36 misfeasance, malfeasance, or willful neglect of duty or
     3 37 other cause after notice and a public hearing unless
     3 38 the notice and hearing are waived by the member in
     3 39 writing.
     3 40    f.  The voting members of the board shall annually
     3 41 elect one of the members as chairperson and one as vice
     3 42 chairperson.
     3 43    g.  A majority of the voting members of the board
     3 44 constitutes a quorum.  The affirmative vote of a
     3 45 majority of the voting members is necessary for any
     3 46 action taken by the board.  The majority shall not
     3 47 include a member who has a conflict of interest and
     3 48 a statement by a member of a conflict of interest is
     3 49 conclusive for this purpose.  A vacancy in the voting
     3 50 membership of the board does not impair the right of a
     4  1 quorum to exercise the rights and perform the duties
     4  2 of the board.  An action taken by the board under this
     4  3 section may be authorized by resolution at a regular
     4  4 or special meeting and each resolution may take effect
     4  5 immediately and need not be published or posted.
     4  6 Meetings of the board shall be held at the call of the
     4  7 chairperson or at the request of a majority of the
     4  8 voting members.
     4  9    h.  Members of the board may be reimbursed from the
     4 10 moneys of the exchange for expenses incurred by them as
     4 11 members, but shall not be otherwise compensated by the
     4 12 exchange for their services.
     4 13    i.  The members of the board are subject to and are
     4 14 officials within the meaning of chapter 68B.
     4 15    j.  The board shall consult with and provide
     4 16 recommendations to assist the commissioner in carrying
     4 17 out the powers and duties of the exchange set forth in
     4 18 subsection 5.
     4 19    k.  The commissioner shall provide administrative
     4 20 and technical support to the board in carrying out its
     4 21 duties under this section.
     4 22    4.  Plan of operation.
     4 23    a.  The commissioner, in consultation with the
     4 24 board, shall establish a plan of operation for the
     4 25 exchange that assures the fair, reasonable, and
     4 26 equitable administration of the exchange, within ninety
     4 27 days after the appointment of the board. In addition
     4 28 to other requirements, the plan of operation shall
     4 29 provide for all of the following:
     4 30    (1)  The handling and accounting of assets and
     4 31 moneys of the exchange.
     4 32    (2)  The amount and method of reimbursing expenses
     4 33 of the members of the board.
     4 34    (3)  Regular times and places for meetings of the
     4 35 board.
     4 36    (4)  Records to be kept of all financial
     4 37 transactions, and an annual fiscal report of the costs
     4 38 of administering the exchange to be delivered to the
     4 39 general assembly by December 15 of each year.
     4 40    (5)  The periodic advertising of the general
     4 41 availability of health coverage information and
     4 42 assistance from the exchange.
     4 43    (6)  Additional provisions necessary or proper for
     4 44 the execution of the powers and duties of the exchange.
     4 45    b.  The exchange has the general powers and
     4 46 authority enumerated by this subsection and pursuant
     4 47 to subsection 5 and executed in accordance with the
     4 48 plan of operation established by the commissioner under
     4 49 paragraph "a".
     4 50    c.  The exchange shall develop and implement the
     5  1 plan of operation and corresponding timeline detailing
     5  2 action steps toward implementing this section, by
     5  3 rules adopted pursuant to chapter 17A as provided in
     5  4 subsection 6.
     5  5    5.  Powers and duties of exchange.
     5  6    a.  The exchange shall develop a system that
     5  7 provides a portal where uninsured Iowans can receive
     5  8 assistance in how to obtain public or private health
     5  9 care coverage.  The department of human services shall
     5 10 determine the eligibility of uninsured Iowans for
     5 11 public programs and provide assistance with enrollment
     5 12 in the appropriate public programs.  The exchange shall
     5 13 provide assistance with how to obtain private health
     5 14 insurance coverage that meets certain standards of
     5 15 quality and affordability to uninsured Iowans who are
     5 16 not eligible for or do not wish to enroll in public
     5 17 programs.  The exchange, in consultation with the
     5 18 board, shall develop a methodology to create a seamless
     5 19 system that allows individuals to move between public
     5 20 and private health care coverage, including increasing
     5 21 opportunities for obtaining creditable coverage.
     5 22    b.  The exchange shall establish three categories
     5 23 of benefits including basic or catastrophic benefits,
     5 24 an intermediate level of benefits, and comprehensive
     5 25 benefits coverage, that meet affordability limits
     5 26 established pursuant to 2009 Iowa Acts ch. 118, section
     5 27 1, subsection 4, paragraph "c".
     5 28    c.  (1)  The exchange shall establish an information
     5 29 clearinghouse to provide information to all Iowans
     5 30 about all public and private health care coverage that
     5 31 is available in the state including comparisons of
     5 32 benefits, premiums, and out=of=pocket costs.
     5 33    (2)  The exchange may establish standards to provide
     5 34 uniform and consistent information about the health
     5 35 care coverage options offered by each carrier and
     5 36 public program that includes but is not limited to
     5 37 what benefits are covered and not covered, the amount
     5 38 of coverage for each service, including copays and
     5 39 deductibles, and any prior authorization requirements
     5 40 for coverage.
     5 41    (3)  The exchange may require each carrier,
     5 42 organized delivery system, and public program to
     5 43 categorize and describe the category of benefits to
     5 44 which each health care coverage option offered by a
     5 45 carrier, organized delivery system, or public program
     5 46 belongs as set forth in paragraph "b".
     5 47    (4)  The exchange shall provide ongoing information
     5 48 to taxpayers about the costs of public health care
     5 49 programs to the state, including the percentage and
     5 50 source of state and federal funding for the programs.
     6  1    (5)  The exchange may provide counseling to assist
     6  2 Iowans with making an informed choice when selecting
     6  3 health care coverage.
     6  4    d.  The exchange shall encourage or develop the use
     6  5 of common definitions for quality of care and pricing
     6  6 of health care services and develop and implement
     6  7 methodologies that provide quality and cost data on
     6  8 health care services and health care coverage offered
     6  9 in the state that is meaningful to consumers, patients,
     6 10 and purchasers.
     6 11    e.  The commissioner may hire independent
     6 12 consultants, as deemed necessary, to assist in carrying
     6 13 out the powers and duties of the exchange.
     6 14    f.  The exchange shall collaborate with, including
     6 15 but not limited to the board, the department of human
     6 16 services, the department of public health, health care
     6 17 providers, members of an organized consumer=purchaser
     6 18 group, members of the Iowa collaborative safety net
     6 19 provider network, and carriers to carry out the duties
     6 20 of the exchange including dissemination of information
     6 21 about the services offered by the exchange to the
     6 22 public.
     6 23    6.  Rules.  The commissioner shall adopt rules
     6 24 pursuant to chapter 17A to implement the provisions of
     6 25 this section.
     6 26    7.  Iowa insurance information exchange fund created.
     6 27    a.  An Iowa insurance information exchange fund is
     6 28 created in the state treasury as a separate fund under
     6 29 the control of the exchange.  All moneys appropriated
     6 30 or transferred to the fund shall be credited to the
     6 31 fund.  All moneys deposited or paid into the fund shall
     6 32 only be appropriated to the exchange to be used for the
     6 33 purposes set forth in this section.
     6 34    b.  Notwithstanding section 8.33, any balance in
     6 35 the fund on June 30 of each fiscal year shall not
     6 36 revert to the general fund of the state, but shall be
     6 37 available for purposes of this section in subsequent
     6 38 fiscal years. Notwithstanding section 12C.7, interest
     6 39 earnings on moneys in the fund shall be credited to the
     6 40 fund.
     6 41    Sec. ___.  INITIAL MEMBERS OF ADVISORY BOARD OF
     6 42 THE IOWA INSURANCE INFORMATION EXCHANGE.  The initial
     6 43 voting members of the advisory board of the Iowa
     6 44 insurance information exchange shall be appointed
     6 45 within thirty days after the effective date of this
     6 46 division of this Act.>
     6 47 #2.  By renumbering as necessary.


                                        
          JACK HATCH


                                        
          RICH OLIVE
          SF2356.1580 (3) 83
          av/nh

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