House File 696 - Introduced



                                       HOUSE FILE       
                                       BY  KAUFMANN


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

                                      A BILL FOR

  1 An Act authorizing voluntary health care purchasing pools for
  2    certain employers.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2959YH 81
  5 av/cf/24

PAG LIN



  1  1    Section 1.  NEW SECTION.  513E.1  VOLUNTARY HEALTH CARE
  1  2 PURCHASING POOLS == LEGISLATIVE INTENT.
  1  3    The purpose of authorizing voluntary health care purchasing
  1  4 pools is to make health care coverage more affordable for
  1  5 certain employers and their employees.
  1  6    Sec. 2.  NEW SECTION.  513E.2  DEFINITIONS.
  1  7    As used in this chapter:
  1  8    1.  "Commissioner" means the commissioner of insurance.
  1  9    2.  "Employer" means a small employer or an employer who
  1 10 employs employees while engaging in a business licensed,
  1 11 certified, or registered under chapter 135C, 231C, or 237A.
  1 12    3.  "Member" means an employer that joins together with
  1 13 other employers to form an employer voluntary health care
  1 14 purchasing pool.
  1 15    4.  "Small employer" means a person actively engaged in
  1 16 business who, on at least fifty percent of the employer's
  1 17 working days during the preceding year, employed not less than
  1 18 two and not more than fifty full=time equivalent eligible
  1 19 employees.  In determining the number of eligible employees,
  1 20 companies which are affiliated companies or which are eligible
  1 21 to file a combined tax return for purposes of state taxation
  1 22 are considered one employer.
  1 23    5.  "Voluntary health care purchasing pool" or "pool" means
  1 24 a group of employers who join together for the purpose of
  1 25 negotiating to purchase and purchasing health insurance or
  1 26 health care benefits for their employees.
  1 27    Sec. 3.  NEW SECTION.  513E.3  PERMISSION TO FORM.
  1 28    Notwithstanding any law in this state relating to the
  1 29 creation of groups for the purchase of insurance, any
  1 30 prohibition of group purchasing, or any law that discriminates
  1 31 against a purchasing group or its members, or any law of this
  1 32 state that prohibits providing or offering to provide, to a
  1 33 purchasing group or its members, advantages based upon their
  1 34 loss and expense experience not afforded to other persons with
  1 35 respect to rates, policy forms, coverage, or other matters,
  2  1 employers may voluntarily organize pools, solely for the
  2  2 purpose of negotiating to purchase and purchasing health
  2  3 insurance or health care benefits for members of the pool and
  2  4 their employees.  A pool is subject to all other applicable
  2  5 laws of this state including chapter 522B.
  2  6    Sec. 4.  NEW SECTION.  513E.4  COMMON FACTORS.
  2  7    All participants in a pool shall live within a common
  2  8 geographic region, be employed in a similar occupation, or
  2  9 share some other common factor as approved by the
  2 10 commissioner.  The membership criteria shall not be designed
  2 11 to include disproportionately employers likely to experience
  2 12 low costs for health coverage or to exclude disproportionately
  2 13 employers likely to experience high costs for health coverage.
  2 14    Sec. 5.  NEW SECTION.  513E.5  GOVERNANCE OF POOLS.
  2 15    1.  A pool shall have a governing structure controlled by
  2 16 members of the pool.
  2 17    2.  The governing structure of a pool is responsible for
  2 18 administration of the pool.
  2 19    3.  The governing structure of a pool shall review and
  2 20 evaluate all bids for the provision of health insurance or
  2 21 health care benefits by health benefit plan companies, shall
  2 22 determine the criteria for joining and withdrawing from the
  2 23 pool, and may design incentives for healthy lifestyle and
  2 24 health promotion programs.
  2 25    4.  The governing structure of a pool may design uniform
  2 26 entrance standards for membership in the pool.
  2 27    5.  A pool shall provide as much choice in health benefit
  2 28 plans available to members as is financially feasible.
  2 29    6.  The governing structure of a pool may charge each
  2 30 member a fee for administrative costs of the pool.
  2 31    Sec. 6.  NEW SECTION.  513E.6  ENROLLMENT.
  2 32    1.  A pool shall have an annual open enrollment period of
  2 33 not less than fifteen days, during which all employers that
  2 34 qualify for membership in the pool may enter the pool without
  2 35 the imposition of any preexisting condition limitations,
  3  1 exclusions, or exclusionary riders, except those otherwise
  3  2 permitted in chapter 513B for small employers.
  3  3    2.  A pool organized pursuant to this chapter shall reach
  3  4 and maintain an enrolled population of at least one thousand
  3  5 individuals within six months of formation of the pool.  If a
  3  6 pool fails to reach and maintain the minimum number of
  3  7 enrolled individuals within that time, this chapter is not
  3  8 applicable to any health insurance or health care benefits
  3  9 subsequently purchased by the pool.
  3 10    Sec. 7.  NEW SECTION.  513E.7  MEMBERSHIP == DURATION.
  3 11    The governing structure of a pool shall require a minimum
  3 12 time period during which a member is not permitted to withdraw
  3 13 from the pool without payment of a penalty.  The penalty for
  3 14 early withdrawal from the pool shall be established by the
  3 15 governing structure.
  3 16    Sec. 8.  NEW SECTION.  513E.8  RATES.
  3 17    1.  The experience of a pool organized pursuant to this
  3 18 chapter shall be pooled and the rates shall be blended across
  3 19 all members of the pool.
  3 20    2.  The governing structure of a pool may create tiers
  3 21 within the pool based on the experience of members.  Such
  3 22 tiers shall be designed in compliance with the requirements of
  3 23 chapter 513B.  The governing structure of a pool may establish
  3 24 criteria that limits the movement of members between tiers.
  3 25 All tiers created within a pool shall be phased out within two
  3 26 years of the organization of the pool.
  3 27    Sec. 9.  NEW SECTION.  513E.9  REPORTS.
  3 28    Prior to the effective date of health insurance or health
  3 29 care benefits offered by a pool, and each July 1 thereafter, a
  3 30 pool shall file a report with the commissioner that contains
  3 31 all of the following information:
  3 32    1.  The number of individuals enrolled in the pool.
  3 33    2.  The geographic region that the pool intends to cover.
  3 34    3.  The number of health benefit plans offered.
  3 35    4.  A description of the benefits available under each
  4  1 health benefit plan offered.
  4  2    5.  A description of the premium structure, including any
  4  3 copayments or deductibles, of each health benefit plan
  4  4 offered.
  4  5    6.  Evidence that the pool is in compliance with chapter
  4  6 513B.
  4  7    7.  Samples of marketing information used by the pool,
  4  8 including a telephone number where the governing structure of
  4  9 the pool can be contacted.
  4 10    8.  A list of all administrative fees charged to members of
  4 11 the pool.
  4 12    Sec. 10.  NEW SECTION.  513E.10  ENFORCEMENT.
  4 13    1.  A pool must register with the commissioner prior to
  4 14 offering health insurance or health care benefits and each
  4 15 July 1 thereafter on a form prescribed by the commissioner by
  4 16 rule.
  4 17    2.  The commissioner shall enforce this chapter and shall
  4 18 adopt rules deemed necessary for the administration and
  4 19 enforcement of this chapter in accordance with chapter 17A.
  4 20    3.  The commissioner may charge pools an annual
  4 21 registration fee sufficient to meet the costs of performing
  4 22 the commissioner's duties under this chapter.
  4 23                           EXPLANATION
  4 24    This bill authorizes the formation of voluntary health care
  4 25 purchasing pools by certain employers.
  4 26    The bill creates a new Code chapter 513E that provides that
  4 27 an employer voluntary health care purchasing pool is a group
  4 28 of employers who join together for the purpose of negotiating
  4 29 to purchase and purchasing health insurance or health care
  4 30 benefits for their employees.  A "small employer" is defined
  4 31 as a person actively engaged in business, who on at least 50
  4 32 percent of the employer's working days during the preceding
  4 33 year employed not less than two and not more than 50 full=
  4 34 time equivalent eligible employees.  The definition of "small
  4 35 employer" is the same as that contained in Code chapter 513B
  5  1 relating to small group health coverage.  An employer is
  5  2 defined as a small employer or an employer engaging in a
  5  3 business licensed, certified, or registered as a health care
  5  4 facility under Code chapter 135C, an assisted living program
  5  5 under Code chapter 231C, or a child care facility under Code
  5  6 chapter 237A.
  5  7    The bill allows the formation of such pools notwithstanding
  5  8 other laws in this state that may prohibit the creation of
  5  9 such a group.
  5 10    The bill provides that participants in a pool shall live
  5 11 within a common geographic region, be employed in a similar
  5 12 occupation, or share other common factors as approved by the
  5 13 commissioner of insurance.
  5 14    The bill provides that a pool shall have a governing
  5 15 structure that is controlled by members of the pool and that
  5 16 administers the pool, reviews and evaluates bids for the
  5 17 provision of health insurance or health care benefits,
  5 18 determines criteria for joining and withdrawing from the pool,
  5 19 and may design incentives for healthy lifestyle and health
  5 20 promotion programs and uniform entrance standards for
  5 21 membership in the pool.  The bill also requires the governing
  5 22 structure to provide as much choice in health care plans
  5 23 available to members as is financially feasible and allows the
  5 24 governing structure to charge a fee for the administrative
  5 25 costs of the pool.
  5 26    The bill sets requirements for an annual open enrollment
  5 27 period and requires a pool to reach and maintain an enrolled
  5 28 population of at least 1,000 covered lives within six months
  5 29 after formation of the pool or else lose the applicability of
  5 30 the new chapter to coverage purchased by the pool.
  5 31    The bill allows the governing structure to set a minimum
  5 32 term of membership in a pool during which a member is not
  5 33 permitted to withdraw from the pool without paying a penalty.
  5 34    The bill requires that the experience of a pool shall be
  5 35 pooled.  The bill also allows the governing structure of a
  6  1 pool to create tiers within the pool based on the experience
  6  2 of its members although all such tiers established must be
  6  3 phased out within two years of the pool's creation.
  6  4    The bill requires a pool to file a report with the
  6  5 commissioner of insurance prior to the effective date of
  6  6 coverage offered by the pool, and every July 1 thereafter,
  6  7 that contains information specified in the bill.
  6  8    The bill provides that a pool must register with the
  6  9 commissioner of insurance prior to offering health insurance
  6 10 or health care benefits, and each July 1 thereafter, and may
  6 11 be charged a registration fee by the commissioner to cover the
  6 12 commissioner's costs of administering and enforcing the new
  6 13 Code chapter.  The commissioner has the power to enforce the
  6 14 new Code chapter and to adopt rules deemed necessary to
  6 15 administer and enforce the new Code chapter.
  6 16 LSB 2959YH 81
  6 17 av:rj/cf/24