House File 519 - Introduced



                                       HOUSE FILE       
                                       BY  STRUYK


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

                                      A BILL FOR

  1 An Act authorizing certain association group health care plans,
  2    wellness initiatives, and providing an effective date.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1960YH 82
  5 av/cf/24

PAG LIN



  1  1                           DIVISION I
  1  2               ASSOCIATION GROUP HEALTH CARE PLANS
  1  3    Section 1.  Section 509.1, Code 2007, is amended by adding
  1  4 the following new subsection:
  1  5    NEW SUBSECTION.  7A.  A policy of group health insurance
  1  6 coverage, as defined in section 513B.2, issued by a small
  1  7 employer carrier, as defined in section 513B.2, to a bona fide
  1  8 association, subject to the following requirements:
  1  9    a.  The policy provides group health insurance coverage to
  1 10 eligible employees of members of a bona fide association that
  1 11 are small employers as defined in section 513B.2, and to the
  1 12 spouses and dependents of such employees.
  1 13    b.  The policy is issued to a bona fide association.  For
  1 14 the purposes of this subsection, a bona fide association is an
  1 15 association which meets all of the following requirements:
  1 16    (1)  The association is a trade, industry, or professional
  1 17 association which is organized in good faith as a nonprofit
  1 18 corporation under chapter 504 for purposes other than
  1 19 obtaining insurance and has been in existence and actively
  1 20 maintained for at least five continuous years at the time the
  1 21 policy is issued.
  1 22    (2)  The association does not condition membership in the
  1 23 association on the health status of employees of its members
  1 24 or the health status of the spouses and dependents of such
  1 25 employees.
  1 26    (3)  Group health insurance coverage offered by the
  1 27 association is available to all eligible employees of its
  1 28 members that are small employers as defined in section 513B.2
  1 29 who choose to participate in the health insurance coverage
  1 30 offered, and to the spouses and dependents of such employees,
  1 31 regardless of the health status of such employees or their
  1 32 spouses and dependents.
  1 33    (4)  Group health insurance coverage offered by the
  1 34 association is available only to persons who are eligible
  1 35 employees of a small employer as defined in section 513B.2
  2  1 that is a member of the association, or to the spouses or
  2  2 dependents of such employees.
  2  3    Sec. 2.  Section 509.1, subsection 8, unnumbered paragraph
  2  4 1, Code 2007, is amended to read as follows:
  2  5    A policy issued to a resident of this state under a group
  2  6 life, accident, or health insurance policy issued to a group
  2  7 other than one described in subsections 1 through 7 7A,
  2  8 subject to the following requirements:
  2  9    Sec. 3.  Section 513B.2, subsection 6, paragraph a,
  2 10 subparagraph (3), Code 2007, is amended by striking the
  2 11 subparagraph and inserting in lieu thereof the following:
  2 12    (3)  The coverages are provided by a policy of group health
  2 13 insurance coverage through a bona fide association as provided
  2 14 in section 509.1, subsection 7A, which meets the requirements
  2 15 for a class of business under section 513B.4.  A small
  2 16 employer carrier may condition coverages under such a policy
  2 17 of group health insurance coverage on any of the following
  2 18 requirements:
  2 19    (a)  Minimum levels of participation by employees of each
  2 20 member of a bona fide association that offers the coverage to
  2 21 its employees.
  2 22    (b)  Minimum levels of contribution by each member of a
  2 23 bona fide association that offers the coverage to its
  2 24 employees.
  2 25    (c)  A specified policy term, subject to annual premium
  2 26 rate adjustments as permitted by section 513B.4.
  2 27    Sec. 4.  Section 513B.2, subsection 6, paragraph a, Code
  2 28 2007, is amended by adding the following new subparagraph:
  2 29    NEW SUBPARAGRAPH.  (4)  The coverages are provided by a
  2 30 policy of group health insurance coverage through two or more
  2 31 bona fide associations as provided in section 509.1,
  2 32 subsection 7A, which a small employer carrier has aggregated
  2 33 as a distinct grouping that meets the requirements for a class
  2 34 of business under section 513B.4.  After a distinct grouping
  2 35 of bona fide associations is established as a class of
  3  1 business, the small group carrier shall not remove a bona fide
  3  2 association from the class based on the claims experience of
  3  3 that association.  A small employer carrier may condition
  3  4 coverages under such a policy of group health insurance
  3  5 coverage on any of the following requirements:
  3  6    (a)  Minimum levels of participation by employees of each
  3  7 member of a bona fide association in the class that offers the
  3  8 coverage to its employees.
  3  9    (b)  Minimum levels of contribution by each member of a
  3 10 bona fide association in the class that offers the coverage to
  3 11 its employees.
  3 12    (c)  A specified policy term, subject to annual premium
  3 13 rate adjustments as permitted by section 513B.4.
  3 14    Sec. 5.  Section 513B.2, subsection 6, paragraph b, Code
  3 15 2007, is amended to read as follows:
  3 16    b.  A small employer carrier may establish no more than two
  3 17 additional groupings under each of the subparagraphs in
  3 18 paragraph "a" on the basis of underwriting criteria which are
  3 19 expected to produce substantial variation in the health care
  3 20 costs.
  3 21                           DIVISION II
  3 22                      WELLNESS INITIATIVES
  3 23    Sec. 6.  Section 513B.4, Code 2007, is amended by adding
  3 24 the following new subsection:
  3 25    NEW SUBSECTION.  6.  Notwithstanding subsection 4, a small
  3 26 employer carrier may offer to transfer a small employer into a
  3 27 different class of business with a lower index rate based upon
  3 28 claims experience, implementation of managed care or wellness
  3 29 programs, or health status improvement of the small employer
  3 30 since issue.
  3 31    Sec. 7.  NEW SECTION.  513B.4B  SMALL EMPLOYER INCENTIVES
  3 32 == SUSPENSION OR MODIFICATION OF PREMIUM RATE RESTRICTIONS.
  3 33    1.  In order to encourage voluntary participation in
  3 34 wellness or disease management programs, a small employer
  3 35 carrier may offer premium credits or discounts to a small
  4  1 employer for the benefit of eligible employees of that small
  4  2 employer who participate in such a program.  An employee shall
  4  3 not be penalized in any way for not participating in such a
  4  4 program.
  4  5    2.  The commissioner shall adopt, by rule or order,
  4  6 provisions allowing suspension or modification of premium rate
  4  7 restrictions to enable a small employer carrier to provide
  4  8 premium credits or discounts to a small employer based on
  4  9 measurable reductions in costs of that small employer,
  4 10 including but not limited to tobacco use cessation,
  4 11 participation in established wellness or disease management
  4 12 programs, and reduced administrative or distribution costs.
  4 13                          DIVISION III
  4 14                         EFFECTIVE DATE
  4 15    Sec. 8.  EFFECTIVE DATE.  This Act, being deemed of
  4 16 immediate importance, takes effect upon enactment.
  4 17                           EXPLANATION
  4 18    This bill authorizes certain association group health care
  4 19 plans, and wellness initiatives.
  4 20    DIVISION I == ASSOCIATION GROUP HEALTH CARE PLANS.  The
  4 21 bill creates Code section 509.1, subsection 7A, which
  4 22 authorizes issuance of a group health insurance policy issued
  4 23 by a small employer carrier, as defined in Code section
  4 24 513B.2, to a bona fide association to provide health insurance
  4 25 coverage to employees of association members and to the
  4 26 spouses and dependents of such employees.
  4 27    The bill defines what constitutes a bona fide association
  4 28 to whom such a policy may be issued and requires that the
  4 29 insurance offered be available only to employees and their
  4 30 spouses and dependents, of association members which are small
  4 31 employers as defined in Code section 513B.2.
  4 32    The bill requires that a bona fide association for the
  4 33 purposes of this type of policy must be a trade, industry, or
  4 34 professional association which is organized in good faith as a
  4 35 nonprofit corporation under Code chapter 504 for purposes
  5  1 other than obtaining insurance and has been in existence and
  5  2 actively maintained for at least five continuous years at the
  5  3 time the policy is issued; not condition membership in the
  5  4 association on the health status of employees of members or
  5  5 their spouses or dependents; make coverage offered by the
  5  6 association available to all eligible employees and their
  5  7 spouses and dependents, of its members that are small
  5  8 employers who choose to participate in the coverage; and make
  5  9 the coverage offered available only to persons who are
  5 10 eligible employees and their spouses and dependents, of a
  5 11 small employer that is a member of the association.
  5 12    For the purposes of Code section 509.1, subsection 7A, a
  5 13 "small employer" means a person actively engaged in business
  5 14 who, on at least 50 percent of the employer's working days
  5 15 during the preceding year, employed not less than two and not
  5 16 more than 50 full=time equivalent, eligible employees.
  5 17    The bill amends Code section 513B.2, subsection 6,
  5 18 paragraph "a", to provide that coverages provided by a group
  5 19 health insurance policy through a bona fide association
  5 20 pursuant to Code section 509.1, subsection 7A, can constitute
  5 21 a class of business and a small employer carrier may condition
  5 22 coverages under such a policy on minimum levels of
  5 23 participation by employees of each association member, minimum
  5 24 levels of contribution by each association member that offers
  5 25 the coverage to its employees, and a specified policy term,
  5 26 subject to annual premium rate adjustments as permitted by
  5 27 Code section 513B.4.
  5 28    Code section 513B.2, subsection 6, paragraph "a", is also
  5 29 amended to provide that coverages provided by a group health
  5 30 insurance policy through two or more bona fide associations as
  5 31 provided in Code section 509.1, subsection 7A, which a small
  5 32 employer carrier has aggregated as a distinct grouping can
  5 33 constitute a class of business and a small employer carrier
  5 34 may condition coverages under such a policy as set forth
  5 35 above.  A small employer carrier cannot remove a bona fide
  6  1 association from such a class based on the claims experience
  6  2 of that association.
  6  3    Code section 513B.2, subsection 6, paragraph "b", is
  6  4 amended to allow a small employer carrier to establish more
  6  5 than two additional groupings as classes of business under
  6  6 Code section 513B.2, subsection 6, paragraph "a", on the basis
  6  7 of underwriting criteria which are expected to produce
  6  8 substantial variation in the health care costs.
  6  9    DIVISION II == WELLNESS INITIATIVES.  Code section 513B.4
  6 10 is amended to allow a small employer carrier to transfer a
  6 11 small employer into a different class of business with a lower
  6 12 index rate based upon claims experience, implementation of
  6 13 managed care or wellness programs, or health status
  6 14 improvement of the small employer since issuance of the
  6 15 policy.
  6 16    New Code section 513B.4B allows a small employer carrier to
  6 17 offer premium credits or discounts to a small employer for the
  6 18 benefit of eligible employees of that employer who voluntarily
  6 19 participate in wellness or disease management programs.  The
  6 20 bill requires the commissioner of insurance to adopt rules or
  6 21 orders allowing suspension or modification of premium rate
  6 22 restrictions to enable a small employer carrier to provide
  6 23 such premium credits or discounts to a small employer based on
  6 24 measurable reductions in costs of that small employer,
  6 25 including but not limited to tobacco use cessation,
  6 26 participation in established wellness or disease management
  6 27 programs, and reduced administrative or distribution costs.
  6 28 The bill prohibits an employee from being penalized in any way
  6 29 for not participating in a wellness or disease management
  6 30 program.
  6 31    DIVISION III == EFFECTIVE DATE.  The bill takes effect upon
  6 32 enactment.
  6 33 LSB 1960YH 82
  6 34 av:rj/cf/24