Senate File 2261 - Introduced



                                       SENATE FILE       
                                       BY  HATCH


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

                                      A BILL FOR

  1 An Act creating a small business and school district health care
  2    reinsurance program for certain health care claims and making
  3    an appropriation from the healthy Iowans tobacco trust.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 5649XS 81
  6 av/sh/8

PAG LIN



  1  1    Section 1.  NEW SECTION.  513B.13A  SMALL BUSINESS AND
  1  2 SCHOOL DISTRICT HEALTH CARE REINSURANCE PROGRAM.
  1  3    1.  DEFINITIONS.
  1  4    As used in this section, unless the context otherwise
  1  5 requires:
  1  6    a.  "Fund" means the small business and school district
  1  7 health carrier reinsurance fund.
  1  8    b.  "Qualified carrier" means a carrier, as defined in
  1  9 section 513B.2, that meets the requirements contained in
  1 10 subsection 4 of this section.
  1 11    c.  "School district group health insurance plan" means a
  1 12 group health insurance plan that provides health insurance
  1 13 coverage for employees of a school district, including plans
  1 14 authorized under chapter 509A.
  1 15    d.  "Small business" means a person actively engaged in
  1 16 business who, on at least fifty percent of the business's
  1 17 working days during the preceding year, employed not less than
  1 18 two and not more than twenty=five full=time equivalent
  1 19 eligible employees.  In determining the number of eligible
  1 20 employees, businesses which are affiliated businesses or which
  1 21 are eligible to file a combined tax return for purposes of
  1 22 state taxation are considered one business employer.
  1 23    e.  "Small business group health insurance plan" means a
  1 24 group health insurance plan that provides health insurance
  1 25 coverage for employees of a small business.
  1 26    2.  REINSURANCE FUND.
  1 27    a.  A small business and school district health care
  1 28 reinsurance fund is created as a separate fund in the state
  1 29 treasury under the control of the commissioner of insurance.
  1 30    b.  The treasurer of state shall act as custodian of the
  1 31 fund and shall disburse amounts contained in the fund as
  1 32 directed by the commissioner.
  1 33    c.  The commissioner shall keep accounts in relation to the
  1 34 appropriation of moneys to the fund and all amounts of
  1 35 approved vouchers for reimbursements to qualified carriers
  2  1 chargeable to the fund.
  2  2    3.  REINSURANCE PROGRAM.
  2  3    a.  A reinsurance program is created in the insurance
  2  4 division of the department of commerce to administer the fund
  2  5 and to make expenditures from the fund pursuant to this
  2  6 section.
  2  7    b.  Moneys in the fund shall be used to reimburse a
  2  8 qualified carrier that offers a small business group health
  2  9 insurance plan or a school district group health insurance
  2 10 plan in which at least eighty=five percent of the eligible
  2 11 employees of the small business or the school district
  2 12 participate, for certain claims paid by the qualified carrier.
  2 13 The amount of reimbursement shall be fifty percent of the cost
  2 14 of each claim that amounts to at least twenty=five thousand
  2 15 dollars but not more than one hundred thousand dollars and
  2 16 that is paid by a qualified carrier under such a plan in a
  2 17 year.
  2 18    c.  The commissioner shall submit an annual report not
  2 19 later than January 1 to the governor, the general assembly,
  2 20 and the legislative services agency evaluating the fund and
  2 21 reinsurance program, including but not limited to
  2 22 consideration of the factors contained in subsection 5,
  2 23 paragraph "b", summarizing the status of the fund and
  2 24 reinsurance program, and proposing modifications to or
  2 25 suspension of the operation of the fund and reinsurance
  2 26 program as deemed necessary by the commissioner.
  2 27    4.  QUALIFIED CARRIERS.
  2 28    a.  In order to qualify for participation in the
  2 29 reinsurance program for the first time, a carrier shall
  2 30 certify to the commissioner that the carrier will immediately
  2 31 reduce its base premium rates or otherwise demonstrate to the
  2 32 commissioner that the carrier will immediately effectively
  2 33 reduce premiums, according to accepted actuarial guidelines
  2 34 adopted by the commissioner by rule under chapter 17A, for all
  2 35 small business group health insurance plans or school district
  3  1 group health insurance plans offered by the carrier for the
  3  2 plan benefit year in an amount that reflects the estimated
  3  3 reimbursement the carrier will receive from participating in
  3  4 the reinsurance program during that plan benefit year, as
  3  5 determined by the commissioner according to accepted actuarial
  3  6 guidelines adopted by rule under chapter 17A.
  3  7    b.  In order to qualify for continued participation in the
  3  8 reinsurance program, a carrier shall certify to the
  3  9 commissioner that for the plan benefit year for which
  3 10 reimbursement from the fund is claimed, the carrier reduced
  3 11 its base premium rates or otherwise demonstrate to the
  3 12 commissioner that the carrier effectively reduced premiums,
  3 13 according to accepted actuarial guidelines adopted by the
  3 14 commissioner by rule under chapter 17A, for all small business
  3 15 group health insurance plans or school district group health
  3 16 insurance plans offered by the carrier for that plan benefit
  3 17 year.
  3 18    c.  A qualified carrier may claim reimbursement from the
  3 19 fund for the cost of eligible claims annually, by filing, with
  3 20 the commissioner, a claim in a form prescribed by the
  3 21 commissioner by rule.
  3 22    5.  MONITORING AND EVALUATION.
  3 23    a.  The commissioner shall develop and implement criteria
  3 24 to monitor and evaluate the fund and reinsurance program on an
  3 25 ongoing basis and may make recommendations to the general
  3 26 assembly, including proposed modifications to or suspension of
  3 27 the operation of the fund and reinsurance program.
  3 28    b.  In monitoring and evaluating the reinsurance program,
  3 29 the commissioner shall consider such factors as the population
  3 30 whose claims are being reimbursed by the reinsurance program,
  3 31 the number and percentage of carriers electing to utilize the
  3 32 reinsurance program, health care reform measures implemented
  3 33 in the state, premium costs of small business group health
  3 34 insurance or school district group health insurance plans
  3 35 offered by carriers that participate in the reinsurance
  4  1 program compared to carriers that do not, and other factors
  4  2 deemed relevant by the commissioner.
  4  3    Sec. 2.  APPROPRIATION.  There is appropriated annually
  4  4 from the healthy Iowans tobacco trust created in section 12.65
  4  5 to the insurance division of the department of commerce the
  4  6 sum of forty million dollars for the purpose of establishing
  4  7 the small business and school district health care reinsurance
  4  8 program and fund.  Notwithstanding section 12C.7, subsection
  4  9 2, interest or earnings on moneys deposited in the fund shall
  4 10 be credited to the fund.  Notwithstanding section 8.33, moneys
  4 11 credited to the fund shall not revert to the general fund of
  4 12 the state at the close of a fiscal year.
  4 13                           EXPLANATION
  4 14    This bill creates a small business and school district
  4 15 health care reinsurance program for health care claims made
  4 16 under small business or school district group health insurance
  4 17 plans.
  4 18    The bill provides reimbursement of certain claims paid by
  4 19 qualified insurance carriers under group health insurance
  4 20 plans that provide health insurance to a small business, which
  4 21 employs two to 25 full=time equivalent employees, or to a
  4 22 school district.
  4 23    The reinsurance fund is created as a separate fund in the
  4 24 state treasury under the control of the commissioner of
  4 25 insurance.  An appropriation of $40 million is made annually
  4 26 from the healthy Iowans tobacco trust of the state to the
  4 27 insurance division of the department of commerce for the
  4 28 purpose of establishing the reinsurance program and fund.
  4 29    The reinsurance program is created in the insurance
  4 30 division of the department of commerce to administer the
  4 31 reinsurance fund and to make expenditures from the fund.
  4 32    The reinsurance program is required to reimburse a
  4 33 qualified carrier that offers a small business or school
  4 34 district group health insurance plan, in which at least 85
  4 35 percent of the eligible employees of the small business or the
  5  1 school district participate, for certain claims paid.  The
  5  2 reimbursement amount is 50 percent of the cost of each claim,
  5  3 of at least $25,000 but not more than $100,000, which is paid
  5  4 by a qualified carrier under such a plan each year.
  5  5    For the purposes of the bill, a "carrier" means a carrier
  5  6 under Code section 513B.2, which is an entity subject to the
  5  7 insurance laws and regulations of this state, or subject to
  5  8 the jurisdiction of the commissioner, that contracts or offers
  5  9 to contract to provide, deliver, arrange for, pay for, or
  5 10 reimburse any of the costs of health care services, including
  5 11 an insurance company offering sickness and accident plans, a
  5 12 health maintenance organization, a nonprofit health service
  5 13 corporation, or any other entity providing a plan of health
  5 14 insurance, health benefits, or health services.
  5 15    In order to qualify for participation in the reinsurance
  5 16 program for the first time, a carrier is required to certify
  5 17 to the commissioner that the carrier will immediately reduce
  5 18 its base premium rates or otherwise demonstrate to the
  5 19 commissioner that the carrier will immediately effectively
  5 20 reduce premiums, according to accepted actuarial guidelines
  5 21 adopted by the commissioner by rule under Code chapter 17A,
  5 22 for all small business or school district group health
  5 23 insurance plans offered by the carrier for the plan benefit
  5 24 year in an amount that reflects the estimated reimbursement
  5 25 the carrier will receive from participating in the reinsurance
  5 26 program during that plan benefit year, as determined by the
  5 27 commissioner according to accepted actuarial guidelines
  5 28 adopted by rule under Code chapter 17A.
  5 29    In order to qualify for continued participation in the
  5 30 reinsurance program, a carrier shall certify to the
  5 31 commissioner that for the plan benefit year for which
  5 32 reimbursement from the fund is claimed, the carrier reduced
  5 33 its base premium rates or otherwise demonstrate to the
  5 34 commissioner that the carrier effectively reduced premiums,
  5 35 according to accepted actuarial guidelines adopted by the
  6  1 commissioner by rule under Code chapter 17A, for all small
  6  2 business or school district group health insurance plans
  6  3 offered by the carrier for that plan benefit year.
  6  4    The commissioner is required to develop and implement
  6  5 criteria to monitor and evaluate the reinsurance program and
  6  6 may make recommendations to the general assembly, including
  6  7 proposed modifications to or suspension of the operation of
  6  8 the reinsurance fund and program.  The criteria shall include
  6  9 consideration of factors such as the population whose claims
  6 10 are being reimbursed by the program, the number and percentage
  6 11 of carriers electing to utilize the program, health care
  6 12 reform measures implemented in the state, premium costs of
  6 13 small business or school district group health insurance plans
  6 14 offered by carriers that participate in the program compared
  6 15 to carriers that do not, and other factors deemed relevant by
  6 16 the commissioner.
  6 17    The commissioner is required to submit an annual report by
  6 18 January 1 to the governor, general assembly, and legislative
  6 19 services agency evaluating the reinsurance fund and program,
  6 20 including but not limited to consideration of the factors
  6 21 involved in developing and implementing the reinsurance
  6 22 program and fund, summarizing the status of the program and
  6 23 fund, and proposing modifications to or suspension of the
  6 24 operation of the fund and program as deemed necessary by the
  6 25 commissioner.
  6 26 LSB 5649XS 81
  6 27 av:rj/sh/8