House File 2113 - Introduced



                                       HOUSE FILE       
                                       BY  SWAIM and GASKILL


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

                                      A BILL FOR

  1 An Act relating to performance and disclosure standards for long=
  2    term care insurance.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5718HH 81
  5 av/je/5

PAG LIN



  1  1    Section 1.  Section 514G.7, subsection 1, Code 2005, is
  1  2 amended to read as follows:
  1  3    1.  a.  RULES.  The commissioner may shall adopt rules for
  1  4 full and fair disclosure of the terms and benefits of a long=
  1  5 term care insurance policy, including but not limited to rules
  1  6 setting forth the manner, content, and required disclosures
  1  7 for the sale of long=term care insurance policies, terms of
  1  8 renewability, initial and subsequent conditions of
  1  9 eligibility, nonduplication of coverage provisions, coverage
  1 10 of dependents, preexisting conditions, termination of
  1 11 insurance, probationary periods, limitations, exceptions,
  1 12 reductions, elimination periods, requirements for replacement,
  1 13 recurrent conditions, and definitions of terms.  The rules
  1 14 shall establish a standard format for long=term care insurance
  1 15 policies offered in this state to facilitate comparison by
  1 16 consumers of the various long=term care insurance policies
  1 17 offered.
  1 18    b.  REVIEW OF POLICIES.  The commissioner shall review and
  1 19 approve the terms and benefits of a new policy of long=term
  1 20 care insurance or an amendment to an existing policy of such
  1 21 insurance before the new policy or amended policy is offered
  1 22 in this state.  The commissioner shall disapprove any new
  1 23 policy or amended policy that contains misrepresentations,
  1 24 unclear language, inadequate explanations, is otherwise
  1 25 confusing or misleading to an applicant for such insurance, or
  1 26 fails to comply with the requirements of this chapter.  The
  1 27 commissioner shall adopt rules as deemed necessary to
  1 28 implement this subsection, in accordance with chapter 17A.
  1 29    Sec. 2.  Section 514G.7, Code 2005, is amended by adding
  1 30 the following new subsection:
  1 31    NEW SUBSECTION.  1A.  REVIEW OF RATES.  The commissioner
  1 32 shall review and approve a proposed rate increase for long=
  1 33 term care insurance before the proposed rate increase is
  1 34 effective.  The commissioner shall disapprove any rate
  1 35 increase that is not reasonable under the circumstances.  The
  2  1 commissioner shall provide public notice of all proposed rate
  2  2 increases for long=term care insurance prior to approval or
  2  3 disapproval of the proposed rate increase.  The commissioner
  2  4 shall adopt rules as deemed necessary to implement this
  2  5 subsection, in accordance with chapter 17A.
  2  6                           EXPLANATION
  2  7    This bill relates to disclosure and performance standards
  2  8 for long=term care insurance offered in the state.
  2  9    The bill requires the commissioner of insurance to adopt
  2 10 rules for full and fair disclosure of the terms and benefits
  2 11 of long=term care insurance contracts offered in the state.
  2 12 Currently, the commissioner is authorized, but not required to
  2 13 adopt such rules.
  2 14    The bill requires the commissioner to review and approve
  2 15 the terms and benefits of a new policy of long=term care
  2 16 insurance or an amendment to an existing policy of such
  2 17 insurance before the new policy or amended policy is offered
  2 18 in this state.  The commissioner is required to disapprove any
  2 19 new policy or amended policy that contains misrepresentations,
  2 20 unclear language, inadequate explanations, is otherwise
  2 21 confusing or misleading to an applicant for such insurance, or
  2 22 fails to comply with the requirements of Code chapter 514G.
  2 23 The commissioner is required to adopt rules to implement this
  2 24 process in accordance with Code chapter 17A.
  2 25    The bill requires the commissioner to adopt rules that
  2 26 establish a standard format for long=term care insurance
  2 27 policies to facilitate comparison by consumers of the various
  2 28 long=term care insurance policies offered.
  2 29    The bill requires the commissioner to review and approve a
  2 30 proposed rate increase for long=term care insurance before the
  2 31 rate increase is effective and to disapprove any rate increase
  2 32 that is not reasonable under the circumstances.  The bill also
  2 33 requires the commissioner to provide public notice of all
  2 34 proposed rate increases for long=term care insurance prior to
  2 35 approval or disapproval of the proposed rate increase.  The
  3  1 commissioner is required to adopt rules to implement this
  3  2 process in accordance with Code chapter 17A.
  3  3 LSB 5718HH 81
  3  4 av:nh/je/5