House File 389 - Introduced



                                       HOUSE FILE       
                                       BY  FORD

                                       (COMPANION TO SF 160)


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

                                      A BILL FOR

  1 An Act relating to small employer voluntary health care
  2    purchasing pools.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1427HH 81
  5 av/cf/24

PAG LIN



  1  1    Section 1.  NEW SECTION.  513E.1  SMALL EMPLOYER VOLUNTARY
  1  2 HEALTH CARE PURCHASING POOLS == LEGISLATIVE INTENT.
  1  3    The purpose of authorizing small employer voluntary health
  1  4 care purchasing pools is to make health care coverage more
  1  5 affordable for small employers and their employees.
  1  6    Sec. 2.  NEW SECTION.  513E.2  DEFINITIONS.
  1  7    As used in this section:
  1  8    1.  "Commissioner" means the commissioner of insurance.
  1  9    2.  "Member" means a small employer that joins together
  1 10 with other small employers to form a small employer voluntary
  1 11 health care purchasing pool.
  1 12    3.  "Small employer" means a person actively engaged in
  1 13 business who, on at least fifty percent of the employer's
  1 14 working days during the preceding year, employed not less than
  1 15 two and not more than fifty full=time equivalent eligible
  1 16 employees.  In determining the number of eligible employees,
  1 17 companies which are affiliated companies or which are eligible
  1 18 to file a combined tax return for purposes of state taxation
  1 19 are considered one employer.
  1 20    4.  "Small employer voluntary health care purchasing pool"
  1 21 or "pool" means a group of small employers who join together
  1 22 for the purpose of negotiating to purchase and purchasing
  1 23 health insurance or health care benefits for their employees.
  1 24    Sec. 3.  NEW SECTION.  513E.3  PERMISSION TO FORM.
  1 25    Notwithstanding any law in this state relating to the
  1 26 creation of groups for the purchase of insurance, any
  1 27 prohibition of group purchasing, or any law that discriminates
  1 28 against a purchasing group or its members, or any law of this
  1 29 state that prohibits providing or offering to provide, to a
  1 30 purchasing group or its members, advantages based upon their
  1 31 loss and expense experience not afforded to other persons with
  1 32 respect to rates, policy forms, coverage, or other matters,
  1 33 small employers may voluntarily organize pools, solely for the
  1 34 purpose of negotiating to purchase and purchasing health
  1 35 insurance or health care benefits for members of the pool and
  2  1 their employees.  A pool is subject to all other applicable
  2  2 laws of this state including chapter 522B.
  2  3    Sec. 4.  NEW SECTION.  513E.4  COMMON FACTORS.
  2  4    All participants in a pool shall live within a common
  2  5 geographic region, be employed in a similar occupation, or
  2  6 share some other common factor as approved by the
  2  7 commissioner.  The membership criteria shall not be designed
  2  8 to include disproportionately small employers likely to
  2  9 experience low costs for health coverage or to exclude
  2 10 disproportionately small employers likely to experience high
  2 11 costs for health coverage.
  2 12    Sec. 5.  NEW SECTION.  513E.5  GOVERNANCE OF POOLS.
  2 13    1.  A pool shall have a governing structure controlled by
  2 14 members of the pool.
  2 15    2.  The governing structure of a pool is responsible for
  2 16 administration of the pool.
  2 17    3.  The governing structure of a pool shall review and
  2 18 evaluate all bids for the provision of health insurance or
  2 19 health care benefits by health benefit plan companies, shall
  2 20 determine the criteria for joining and withdrawing from the
  2 21 pool, and may design incentives for healthy lifestyle and
  2 22 health promotion programs.
  2 23    4.  The governing structure of a pool may design uniform
  2 24 entrance standards for membership in the pool.
  2 25    5.  A pool shall provide as much choice in health benefit
  2 26 plans available to members as is financially feasible.
  2 27    6.  The governing structure of a pool may charge each
  2 28 member a fee for administrative costs of the pool.
  2 29    Sec. 6.  NEW SECTION.  513E.6  ENROLLMENT.
  2 30    1.  A pool shall have an annual open enrollment period of
  2 31 not less than fifteen days, during which all small employers
  2 32 that qualify for membership in the pool may enter the pool
  2 33 without the imposition of any preexisting condition
  2 34 limitations, exclusions, or exclusionary riders, except those
  2 35 otherwise permitted in chapter 513B for small employers.
  3  1    2.  A pool organized pursuant to this chapter shall reach
  3  2 and maintain an enrolled population of at least one thousand
  3  3 individuals within six months of formation of the pool.  If a
  3  4 pool fails to reach and maintain the minimum number of
  3  5 enrolled individuals within that time, this chapter is not
  3  6 applicable to any health insurance or health care benefits
  3  7 subsequently purchased by the pool.
  3  8    Sec. 7.  NEW SECTION.  513E.7  MEMBERSHIP == DURATION.
  3  9    The governing structure of a pool shall require a minimum
  3 10 time period during which a member is not permitted to withdraw
  3 11 from the pool without payment of a penalty.  The penalty for
  3 12 early withdrawal from the pool shall be established by the
  3 13 governing structure.
  3 14    Sec. 8.  NEW SECTION.  513E.8  RATES.
  3 15    1.  The experience of a pool organized pursuant to this
  3 16 chapter shall be pooled and the rates shall be blended across
  3 17 all members of the pool.
  3 18    2.  The governing structure of a pool may create tiers
  3 19 within the pool based on the experience of members.  Such
  3 20 tiers shall be designed in compliance with the requirements of
  3 21 chapter 513B.  The governing structure of a pool may establish
  3 22 criteria that limits the movement of members between tiers.
  3 23 All tiers created within a pool shall be phased out within two
  3 24 years of the organization of the pool.
  3 25    Sec. 9.  NEW SECTION.  513E.9  REPORTS.
  3 26    Prior to the effective date of health insurance or health
  3 27 care benefits offered by a pool, and each July 1 thereafter, a
  3 28 pool shall file a report with the commissioner that contains
  3 29 all of the following information:
  3 30    1.  The number of individuals enrolled in the pool.
  3 31    2.  The geographic region that the pool intends to cover.
  3 32    3.  The number of health benefit plans offered.
  3 33    4.  A description of the benefits available under each
  3 34 health benefit plan offered.
  3 35    5.  A description of the premium structure, including any
  4  1 copayments or deductibles, of each health benefit plan
  4  2 offered.
  4  3    6.  Evidence that the pool is in compliance with chapter
  4  4 513B.
  4  5    7.  Samples of marketing information used by the pool,
  4  6 including a telephone number where the governing structure of
  4  7 the pool can be contacted.
  4  8    8.  A list of all administrative fees charged to members of
  4  9 the pool.
  4 10    Sec. 10.  NEW SECTION.  513E.10  ENFORCEMENT.
  4 11    1.  A pool must register with the commissioner prior to
  4 12 offering health insurance or health care benefits and each
  4 13 July 1 thereafter on a form prescribed by the commissioner by
  4 14 rule.
  4 15    2.  The commissioner shall enforce this chapter and shall
  4 16 adopt rules deemed necessary for the administration and
  4 17 enforcement of this chapter in accordance with chapter 17A.
  4 18    3.  The commissioner may charge pools an annual
  4 19 registration fee sufficient to meet the costs of performing
  4 20 the commissioner's duties under this chapter.
  4 21                           EXPLANATION
  4 22    This bill authorizes the formation of voluntary health care
  4 23 purchasing pools by certain small employers.
  4 24    The bill creates a new Code chapter 513E that provides that
  4 25 a small employer voluntary health care purchasing pool is a
  4 26 group of small employers who join together for the purpose of
  4 27 negotiating to purchase and purchasing health insurance or
  4 28 health care benefits for their employees.  A "small employer"
  4 29 is defined as a person actively engaged in business, who on at
  4 30 least 50 percent of the employer's working days during the
  4 31 preceding year, employed not less than two and not more than
  4 32 50 full=time equivalent eligible employees.  The definition of
  4 33 "small employer" is the same as that contained in Code chapter
  4 34 513B relating to small group health coverage.
  4 35    The bill allows the formation of such pools notwithstanding
  5  1 other laws in this state that may prohibit the creation of
  5  2 such a group.
  5  3    The bill provides that participants in a pool shall live
  5  4 within a common geographic region, be employed in a similar
  5  5 occupation, or share other common factors as approved by the
  5  6 commissioner of insurance.
  5  7    The bill provides that a pool shall have a governing
  5  8 structure that is controlled by members of the pool and that
  5  9 administers the pool, reviews and evaluates bids for the
  5 10 provision of health insurance or health care benefits,
  5 11 determines criteria for joining and withdrawing from the pool,
  5 12 and may design incentives for healthy lifestyle and health
  5 13 promotion programs and uniform entrance standards for
  5 14 membership in the pool.  The bill also requires the governing
  5 15 structure to provide as much choice in health care plans
  5 16 available to members as is financially feasible and allows the
  5 17 governing structure to charge a fee for the administrative
  5 18 costs of the pool.
  5 19    The bill sets requirements for an annual open enrollment
  5 20 period and requires a pool to reach and maintain an enrolled
  5 21 population of at least 1,000 covered lives within six months
  5 22 after formation of the pool or else lose the applicability of
  5 23 the new chapter to coverage purchased by the pool.
  5 24    The bill allows the governing structure to set a minimum
  5 25 term of membership in a pool during which a member is not
  5 26 permitted to withdraw from the pool without paying a penalty.
  5 27    The bill requires that the experience of a pool shall be
  5 28 pooled.  The bill also allows the governing structure of a
  5 29 pool to create tiers within the pool based on the experience
  5 30 of its members although all such tiers established must be
  5 31 phased out within two years of the pool's creation.
  5 32    The bill requires a pool to file a report with the
  5 33 commissioner of insurance prior to the effective date of
  5 34 coverage offered by the pool, and every July 1 thereafter,
  5 35 that contains information specified in the bill.
  6  1    The bill provides that a pool must register with the
  6  2 commissioner of insurance prior to offering health insurance
  6  3 or health care benefits, and each July 1 thereafter, and may
  6  4 be charged a registration fee by the commissioner to cover the
  6  5 commissioner's costs of administering and enforcing the new
  6  6 Code chapter.  The commissioner has the power to enforce the
  6  7 new Code chapter and to adopt rules deemed necessary to
  6  8 administer and enforce the new Code chapter.
  6  9 LSB 1427HH 81
  6 10 av:rj/cf/24