House Study Bill 643

                                       SENATE/HOUSE FILE       
                                       BY  (PROPOSED DEPARTMENT OF
                                            COMMERCE/INSURANCE
                                            DIVISION BILL)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to individual health insurance program
  2    modification; restructuring and modification of eligibility,
  3    benefits, tax offsets, and other terms related to the
  4    operation of the Iowa comprehensive health insurance
  5    association; phaseout of guaranteed basic and standard
  6    individual insurance plans; and coverage of federal Trade
  7    Adjustment Act recipients under the Iowa comprehensive health
  8    insurance Act; and providing effective dates.
  9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
 10 TLSB 5318DP 80
 11 av/sh/8

PAG LIN

  1  1    Section 1.  Section 513C.3, subsection 15, Code Supplement
  1  2 2003, is amended by adding the following new unnumbered
  1  3 paragraph:
  1  4    NEW UNNUMBERED PARAGRAPH.  For purposes of this subsection,
  1  5 an association policy under chapter 514E is not considered
  1  6 "qualifying existing coverage" or "qualifying previous
  1  7 coverage".
  1  8    Sec. 2.  Section 513C.7, subsections 1, 2, and 5, Code
  1  9 Supplement 2003, are amended by striking the subsections.
  1 10    Sec. 3.  Section 513C.8, Code 2003, is amended to read as
  1 11 follows:
  1 12    513C.8  HEALTH BENEFIT PLAN STANDARDS.
  1 13    The commissioner board of directors of the Iowa
  1 14 comprehensive health insurance association shall adopt by rule
  1 15 the form and level of coverage of the basic health benefit
  1 16 plan and the standard health benefit plan for the guaranteed
  1 17 individual market which shall provide benefits substantially
  1 18 similar to those as provided for under chapter 513B with
  1 19 respect to small group coverage, but which shall be
  1 20 appropriately adjusted at least every three years to reflect
  1 21 the current state of the individual market.
  1 22    Sec. 4.  Section 513C.10, subsection 1, paragraph a, Code
  1 23 Supplement 2003, is amended to read as follows:
  1 24    a.  All persons that provide health benefit plans in this
  1 25 state including insurers providing accident and sickness
  1 26 insurance under chapter 509, 514, or 514A, whether on an
  1 27 individual or group basis; fraternal benefit societies
  1 28 providing hospital, medical, or nursing benefits under chapter
  1 29 512B; and health maintenance organizations, organized delivery
  1 30 systems, and all other entities providing health insurance or
  1 31 health benefits subject to state insurance regulation, and all
  1 32 other insurers as designated by the board of directors of the
  1 33 Iowa comprehensive health insurance association with the
  1 34 approval of the commissioner shall be members of the
  1 35 association.
  2  1    Sec. 5.  Section 513C.10, subsection 4, Code Supplement
  2  2 2003, is amended to read as follows:
  2  3    4.  The board shall develop procedures and assessment
  2  4 mechanisms and make assessments and distributions as required
  2  5 to equalize the individual carrier and organized delivery
  2  6 system gains or losses so that each carrier or organized
  2  7 delivery system receives the same ratio of paid claims to
  2  8 ninety percent of earned premiums as the aggregate of all
  2  9 basic and standard plans insured by all carriers and organized
  2 10 delivery systems in the state.
  2 11    Sec. 6.  Section 514E.1, subsection 2, Code Supplement
  2 12 2003, is amended to read as follows:
  2 13    2.  "Association policy" means an individual or group
  2 14 policy issued by the association that provides the coverage
  2 15 specified in section 514E.4 as set forth in the benefit plans
  2 16 adopted by the association's board of directors and approved
  2 17 by the commissioner.
  2 18    Sec. 7.  Section 514E.1, subsections 7, 8, 12, and 22, Code
  2 19 Supplement 2003, are amended by striking the subsections.
  2 20    Sec. 8.  Section 514E.1, subsection 13, Code Supplement
  2 21 2003, is amended to read as follows:
  2 22    13.  "Health care services" means services, the coverage of
  2 23 which is authorized under chapter 509, chapter 514, chapter
  2 24 514A, or chapter 514B as limited by sections 514E.4 and 514E.5
  2 25 established by the association's board of directors, and
  2 26 includes services for the purposes of preventing, alleviating,
  2 27 curing, or healing human illness, injury or physical
  2 28 disability.
  2 29    Sec. 9.  Section 514E.2, subsection 1, unnumbered paragraph
  2 30 1, Code Supplement 2003, is amended to read as follows:
  2 31    The Iowa comprehensive health insurance association is
  2 32 established as a nonprofit corporation.  The association shall
  2 33 assure that health insurance, as limited by sections 514E.4
  2 34 and 514E.5, established by the association's board of
  2 35 directors and subject to the approval of the commissioner, is
  3  1 made available to each eligible Iowa resident, and each
  3  2 federally eligible individual applying to the association for
  3  3 coverage, and each individual who has been confirmed eligible
  3  4 under the federal Trade Adjustment Act of 2002, Pub. L. No.
  3  5 107=210, as a recipient under that Act by the department of
  3  6 workforce development and the federal internal revenue
  3  7 service.  The association shall also be responsible for
  3  8 administering the Iowa individual health benefit reinsurance
  3  9 association pursuant to all of the terms and conditions
  3 10 contained in chapter 513C.
  3 11    Sec. 10.  Section 514E.2, subsection 1, paragraph a, Code
  3 12 Supplement 2003, is amended to read as follows:
  3 13    a.  All carriers as defined in section 514E.1, subsection
  3 14 3, and all organized delivery systems licensed by the director
  3 15 of public health providing health insurance or health care
  3 16 services in Iowa and all other insurers designated by the
  3 17 association's board of directors and approved by the
  3 18 commissioner shall be members of the association.
  3 19    Sec. 11.  Section 514E.2, subsection 6, Code Supplement
  3 20 2003, is amended by striking the subsection and inserting in
  3 21 lieu thereof the following:
  3 22    6.  Rates for coverages issued by the association shall
  3 23 reflect rating characteristics used in the individual
  3 24 insurance market.  The rates for a given classification shall
  3 25 not be more than one hundred fifty percent of the average
  3 26 premium or payment rate for the classification charged by the
  3 27 five carriers with the largest health insurance premium or
  3 28 payment volume in the state during the preceding calendar
  3 29 year.  In determining the average rate of the five largest
  3 30 carriers, the rates or payments charged by the carriers shall
  3 31 be actuarially adjusted to determine the rate or payment that
  3 32 would have been charged for benefits similar to those issued
  3 33 by the association.
  3 34    Sec. 12.  Section 514E.2, subsection 13, Code Supplement
  3 35 2003, is amended by striking the subsection and inserting the
  4  1 following:
  4  2    13.  An insurer may offset an assessment made pursuant to
  4  3 this chapter against its premium tax liability pursuant to
  4  4 chapter 432 to the extent of twenty percent of the amount of
  4  5 the assessment for each of the five calendar years following
  4  6 the year in which the assessment was paid.  If an insurer
  4  7 ceases doing business, all uncredited assessments may be
  4  8 credited against its premium tax liability for the year it
  4  9 ceases doing business.
  4 10    Sec. 13.  Section 514E.4, Code 2003, is amended by striking
  4 11 the section and inserting in lieu thereof the following:
  4 12    514E.4  ASSOCIATION POLICY == COVERAGE AND BENEFIT
  4 13 REQUIREMENTS == DEDUCTIBLES == COINSURANCE.
  4 14    The association policy shall pay for medically necessary
  4 15 eligible health care services as established in the benefit
  4 16 plans adopted by the association's board of directors and
  4 17 approved by the commissioner.  The plans shall provide
  4 18 benefits, deductibles, and coinsurance that reflect the
  4 19 current state of the individual insurance market.  The board
  4 20 may modify the benefits provided under the plans to reflect
  4 21 the current state of the individual insurance market with the
  4 22 approval of the commissioner.
  4 23    Sec. 14.  Section 514E.7, subsection 1, Code 2003, is
  4 24 amended by adding the following new unnumbered paragraph:
  4 25    NEW UNNUMBERED PARAGRAPH.  The association shall rescind
  4 26 coverage for an individual who no longer resides in the state.
  4 27    Sec. 15.  Section 514E.7, subsection 4, paragraph b, Code
  4 28 2003, is amended by adding the following new subparagraph:
  4 29    NEW SUBPARAGRAPH.  (4)  In the case of an individual
  4 30 transferring to an association policy from a basic or standard
  4 31 health benefit plan under chapter 513C beginning on or after
  4 32 January 1, 2005.
  4 33    Sec. 16.  Section 514E.7, subsection 5, Code 2003, is
  4 34 amended by adding the following new paragraph:
  4 35    NEW PARAGRAPH.  f.  The individual is eligible for Medicare
  5  1 based upon age.
  5  2    Sec. 17.  Section 514E.8, subsection 1, Code 2003, is
  5  3 amended to read as follows:
  5  4    1.  An association policy shall contain provisions under
  5  5 which the association is obligated to renew the contract until
  5  6 the day on which the individual in whose name the contract is
  5  7 issued first becomes eligible for Medicare coverage, except
  5  8 that in a family policy covering both husband and wife, the
  5  9 age of the younger spouse shall be used as the basis for
  5 10 meeting the durational requirements of this subsection.
  5 11 However, when the individual in whose name the contract is
  5 12 issued becomes eligible for Medicare coverage, the person
  5 13 shall be eligible for the Medicare supplement plan offered by
  5 14 the association based on age.
  5 15    Sec. 18.  Section 514E.11, Code 2003, is amended to read as
  5 16 follows:
  5 17    514E.11  NOTICE OF ASSOCIATION POLICY.
  5 18    Every carrier, including a health maintenance organization
  5 19 subject to chapter 514B and an organized delivery system,
  5 20 authorized to provide health care insurance or coverage for
  5 21 health care services in Iowa, shall provide a notice of the
  5 22 availability of coverage by the association to any person who
  5 23 receives a rejection of coverage for health insurance or
  5 24 health care services, or a notice to any person who is
  5 25 informed that a rate for health insurance or coverage for
  5 26 health care services will exceed the rate of an association
  5 27 policy, and that the person is eligible to apply for health
  5 28 insurance provided by the association.  Application for the
  5 29 health insurance shall be on forms prescribed by the
  5 30 association's board of directors and made available to the
  5 31 carriers and organized delivery systems and other entities
  5 32 providing health care insurance or coverage for health care
  5 33 services regulated by the commissioner.
  5 34    Sec. 19.  Sections 514E.5 and 514E.6, Code 2003, are
  5 35 repealed.
  6  1    Sec. 20.  EFFECTIVE DATE.  The sections of this Act
  6  2 amending section 513C.7 and section 514E.2, subsection 13, and
  6  3 repealing sections 514E.5 and 514E.6 take effect January 1,
  6  4 2005.
  6  5                           EXPLANATION
  6  6    This bill contains provisions related to issues considered
  6  7 by the individual health insurance task force, created
  6  8 pursuant to House File 647, as passed during the 2003 session
  6  9 of the general assembly.  The provisions relate to individual
  6 10 health insurance market reforms under Code chapter 513C and
  6 11 the Iowa comprehensive health insurance association (ICHA)
  6 12 governed under Code chapter 514E and address program
  6 13 eligibility, benefit design, rate structures, program
  6 14 administration, and funding of assessments.
  6 15    Regarding program eligibility, the bill modifies Code
  6 16 section 513C.3 by specifying that an association policy under
  6 17 Code chapter 514E is not considered "qualifying existing
  6 18 coverage" or "qualifying previous coverage".  Certain
  6 19 subsections of Code section 513C.7 regarding basic and
  6 20 standard health plans are stricken effective January 1, 2005.
  6 21    The bill amends Code section 513C.8 to provide that the
  6 22 board of directors of the Iowa comprehensive health insurance
  6 23 association, instead of the commissioner, shall adopt forms
  6 24 and levels of coverage of basic and standard individual health
  6 25 benefit plans for the guaranteed individual market that are
  6 26 substantially similar to the current state of the individual
  6 27 market.
  6 28    The bill amends Code section 513C.10, subsection 1,
  6 29 paragraph "a", to provide that all insurers, as designated by
  6 30 the board of directors of the Iowa comprehensive health
  6 31 insurance association with the approval of the commissioner,
  6 32 shall be included as members of the Iowa individual health
  6 33 benefit reinsurance association.
  6 34    The bill amends Code section 513C.10, subsection 4, to
  6 35 provide that the Iowa individual health benefit reinsurance
  7  1 association shall develop not only procedures but assessment
  7  2 mechanisms to make assessments and distributions as required
  7  3 to equalize individual carrier and organized delivery system
  7  4 gains or losses.
  7  5    The bill amends Code section 514E.7 to limit eligible
  7  6 participants to residents, and, due to recommending the sunset
  7  7 of basic and standard plans beginning January 1, 2005, to
  7  8 allow new participants in the ICHA plan to transfer from a
  7  9 basic and standard plan without a limitation on preexisting
  7 10 conditions.  Code section 514E.11, regarding notification of
  7 11 potential eligibility for ICHA, is also modified.  The bill
  7 12 also modifies Code section 514E.2 related to the federal Trade
  7 13 Adjustment Act, Pub. L. No. 107=210, because the ICHA is the
  7 14 mechanism designated by the governor pursuant to the trade
  7 15 Act.
  7 16    Code section 514E.4 is amended relating to the payment of
  7 17 medically necessary health care services.  The bill also
  7 18 addresses the provision of benefits, deductibles, and
  7 19 coinsurance reflective of current individual insurance market
  7 20 conditions in that Code section.  The ICHA board is authorized
  7 21 to make benefit changes from time to time to remain current
  7 22 with market conditions.  Code sections 514E.5 and 514E.6,
  7 23 containing lists of excluded expenses and benefit limitations,
  7 24 are repealed effective January 1, 2005.  Corresponding changes
  7 25 are made to delete unused definitions from Code section
  7 26 514E.1.  Changes are also made to Code section 513C.8 to
  7 27 remove an outdated reference to Code chapter 513B, and to Code
  7 28 sections 514E.7 and 514E.8 to coordinate that Code language
  7 29 with Medicare requirements.
  7 30    Regarding rate structures, Code section 514E.2 is amended
  7 31 to allow for adjustments in ICHA rates to reflect rating
  7 32 characteristics in the marketplace and is amended to allow an
  7 33 insurer to offset an assessment made under Code chapter 514E
  7 34 against its premium tax liability pursuant to Code chapter
  7 35 432.  The amendment to Code section 514E.2, subsection 13,
  8  1 allowing the offset, takes effect on January 1, 2005.
  8  2    With regard to program administration, basic and standard
  8  3 plan offerings are eliminated over time, which the bill
  8  4 implements through the amendments to Code section 513C.4 and
  8  5 repeals of Code sections 513C.5 and 513C.6, effective January
  8  6 1, 2005.
  8  7    With the exception of those specific provisions noted above
  8  8 that take effect on January 1, 2005, the remainder of the bill
  8  9 takes effect July 1, 2004.
  8 10 LSB 5318DP 80
  8 11 av/sh/8