House File 790 - Introduced



                                HOUSE FILE       
                                BY  COMMITTEE ON COMMERCE

                                (SUCCESSOR TO HF 4)


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

                                      A BILL FOR

  1 An Act allowing certain association group health care plans and
  2    wellness initiatives, and providing an effective date.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1583HV 82
  5 av/cf/24

PAG LIN



  1  1         DIVISION I ASSOCIATION GROUP HEALTH CARE PLANS
  1  2    Section 1.  Section 509.1, Code 2007, is amended by adding
  1  3 the following new subsection:
  1  4    NEW SUBSECTION.  7A.  A policy of group health insurance
  1  5 coverage, as defined in section 513B.2, issued by a small
  1  6 employer carrier, as defined in section 513B.2, to a bona fide
  1  7 association, subject to the following requirements:
  1  8    a.  The policy provides group health insurance coverage to
  1  9 eligible employees of members of a bona fide association that
  1 10 are small employers as defined in section 513B.2, and to the
  1 11 spouses and dependents of such employees.
  1 12    b.  The policy is issued to a bona fide association.  For
  1 13 the purposes of this subsection, a bona fide association is an
  1 14 association which meets all of the following requirements:
  1 15    (1)  The association is a trade, industry, or professional
  1 16 association which is organized in good faith as a nonprofit
  1 17 corporation under chapter 504 for purposes other than
  1 18 obtaining insurance and has been in existence and actively
  1 19 maintained for at least five continuous years at the time the
  1 20 policy is issued.
  1 21    (2)  The association does not condition membership in the
  1 22 association on the health status of employees of its members
  1 23 or the health status of the spouses and dependents of such
  1 24 employees.
  1 25    (3)  Group health insurance coverage offered by the
  1 26 association is available to all eligible employees of its
  1 27 members that are small employers as defined in section 513B.2
  1 28 who choose to participate in the health insurance coverage
  1 29 offered, and to the spouses and dependents of such employees,
  1 30 regardless of the health status of such employees or their
  1 31 spouses and dependents.
  1 32    (4)  Group health insurance coverage offered by the
  1 33 association is available only to persons who are eligible
  1 34 employees of a small employer as defined in section 513B.2
  1 35 that is a member of the association, or to the spouses or
  2  1 dependents of such employees.
  2  2    Sec. 2.  Section 509.1, subsection 8, unnumbered paragraph
  2  3 1, Code 2007, is amended to read as follows:
  2  4    A policy issued to a resident of this state under a group
  2  5 life, accident, or health insurance policy issued to a group
  2  6 other than one described in subsections 1 through 7 7A,
  2  7 subject to the following requirements:
  2  8    Sec. 3.  Section 513B.2, subsection 6, paragraph a,
  2  9 subparagraph (3), Code 2007, is amended by striking the
  2 10 subparagraph and inserting in lieu thereof the following:
  2 11    (3)  The coverages are provided by a policy of group health
  2 12 insurance coverage through a bona fide association as provided
  2 13 in section 509.1, subsection 7A, which meets the requirements
  2 14 for a class of business under section 513B.4.  A small
  2 15 employer carrier may condition coverages under such a policy
  2 16 of group health insurance coverage on any of the following
  2 17 requirements:
  2 18    (a)  Minimum levels of participation by employees of each
  2 19 member of a bona fide association that offers the coverage to
  2 20 its employees.
  2 21    (b)  Minimum levels of contribution by each member of a
  2 22 bona fide association that offers the coverage to its
  2 23 employees.
  2 24    (c)  A specified policy term, subject to annual premium
  2 25 rate adjustments as permitted by section 513B.4.
  2 26    Sec. 4.  Section 513B.2, subsection 6, paragraph a, Code
  2 27 2007, is amended by adding the following new subparagraph:
  2 28    NEW SUBPARAGRAPH.  (4)  The coverages are provided by a
  2 29 policy of group health insurance coverage through two or more
  2 30 bona fide associations as provided in section 509.1,
  2 31 subsection 7A, which a small employer carrier has aggregated
  2 32 as a distinct grouping that meets the requirements for a class
  2 33 of business under section 513B.4.  After a distinct grouping
  2 34 of bona fide associations is established as a class of
  2 35 business, the small group carrier shall not remove a bona fide
  3  1 association from the class based on the claims experience of
  3  2 that association.  A small employer carrier may condition
  3  3 coverages under such a policy of group health insurance
  3  4 coverage on any of the following requirements:
  3  5    (a)  Minimum levels of participation by employees of each
  3  6 member of a bona fide association in the class that offers the
  3  7 coverage to its employees.
  3  8    (b)  Minimum levels of contribution by each member of a
  3  9 bona fide association in the class that offers the coverage to
  3 10 its employees.
  3 11    (c)  A specified policy term, subject to annual premium
  3 12 rate adjustments as permitted by section 513B.4.
  3 13    Sec. 5.  Section 513B.2, subsection 6, paragraph b, Code
  3 14 2007, is amended to read as follows:
  3 15    b.  A small employer carrier may establish no more than two
  3 16 additional groupings under each of the subparagraphs in
  3 17 paragraph "a" on the basis of underwriting criteria which are
  3 18 expected to produce substantial variation in the health care
  3 19 costs.
  3 20                           DIVISION II
  3 21                      WELLNESS INITIATIVES
  3 22    Sec. 6.  Section 513B.4, Code 2007, is amended by adding
  3 23 the following new subsection:
  3 24    NEW SUBSECTION.  6.  Notwithstanding subsection 4, a small
  3 25 employer carrier may offer to transfer a small employer into a
  3 26 different class of business with a lower index rate based upon
  3 27 claims experience, implementation of managed care or wellness
  3 28 programs, or health status improvement of the small employer
  3 29 since issue.
  3 30    Sec. 7.  NEW SECTION.  513B.4B  SMALL EMPLOYER INCENTIVES
  3 31 == SUSPENSION OR MODIFICATION OF PREMIUM RATE RESTRICTIONS.
  3 32    1.  In order to encourage voluntary participation in
  3 33 wellness or disease management programs, a small employer
  3 34 carrier may offer premium credits or discounts to a small
  3 35 employer for the benefit of eligible employees of that small
  4  1 employer who participate in such a program.  An employee shall
  4  2 not be penalized in any way for not participating in such a
  4  3 program.
  4  4    2.  The commissioner shall adopt, by rule or order,
  4  5 provisions allowing suspension or modification of premium rate
  4  6 restrictions to enable a small employer carrier to provide
  4  7 premium credits or discounts to a small employer based on
  4  8 measurable reductions in costs of that small employer,
  4  9 including but not limited to tobacco use cessation,
  4 10 participation in established wellness or disease management
  4 11 programs, and reduced administrative or distribution costs.
  4 12                          DIVISION III
  4 13                         EFFECTIVE DATE
  4 14    Sec. 8.  EFFECTIVE DATE.  This Act, being deemed of
  4 15 immediate importance, takes effect upon enactment.
  4 16                           EXPLANATION
  4 17    This bill allows certain association group health care
  4 18 plans and wellness initiatives.
  4 19    DIVISION I == ASSOCIATION GROUP HEALTH CARE PLANS.  The
  4 20 bill creates Code section 509.1, subsection 7A, which
  4 21 authorizes issuance of a group health insurance policy issued
  4 22 by a small employer carrier, as defined in Code section
  4 23 513B.2, to a bona fide association to provide health insurance
  4 24 coverage to employees of association members and to the
  4 25 spouses and dependents of such employees.
  4 26    The bill defines what constitutes a bona fide association
  4 27 to whom such a policy may be issued.  The bill requires that a
  4 28 bona fide association for the purposes of this type of policy
  4 29 must be a trade, industry, or professional association which
  4 30 is organized in good faith as a nonprofit corporation under
  4 31 Code chapter 504 for purposes other than obtaining insurance
  4 32 and has been in existence and actively maintained for at least
  4 33 five continuous years at the time the policy is issued; not
  4 34 condition membership in the association on the health status
  4 35 of employees of members or their spouses or dependents; make
  5  1 coverage offered by the association available to all eligible
  5  2 employees and their spouses and dependents, of its members
  5  3 that are small employers who choose to participate in the
  5  4 coverage; and make the coverage offered available only to
  5  5 persons who are eligible employees and their spouses and
  5  6 dependents, of a small employer that is a member of the
  5  7 association.
  5  8    For the purposes of Code section 509.1, subsection 7A, a
  5  9 "small employer" means a person actively engaged in business
  5 10 who, on at least 50 percent of the employer's working days
  5 11 during the preceding year, employed not less than two and not
  5 12 more than 50 full=time equivalent, eligible employees.
  5 13    The bill provides that coverages provided by a group health
  5 14 insurance policy through a bona fide association pursuant to
  5 15 Code section 509.1, subsection 7A, can constitute a class of
  5 16 business and a small employer carrier may condition coverages
  5 17 under such a policy on minimum levels of participation by
  5 18 employees of each association member, minimum levels of
  5 19 contribution by each association member that offers the
  5 20 coverage to its employees, and a specified policy term,
  5 21 subject to annual premium rate adjustments as permitted by
  5 22 Code section 513B.4.
  5 23    The bill also provides that coverages provided by a group
  5 24 health insurance policy through two or more bona fide
  5 25 associations as provided in Code section 509.1, subsection 7A,
  5 26 which a small employer carrier has aggregated as a distinct
  5 27 grouping can constitute a class of business and a small
  5 28 employer carrier may condition coverages under such a policy
  5 29 as set forth above.  A small employer carrier cannot remove a
  5 30 bona fide association from such a class based on the claims
  5 31 experience of that association.
  5 32    The bill also allows a small employer carrier to establish
  5 33 more than two additional groupings as classes of business
  5 34 under Code section 513B.2, subsection 6, paragraph "a", on the
  5 35 basis of underwriting criteria which are expected to produce
  6  1 substantial variation in the health care costs.
  6  2    Code section 513B.4 is amended to prohibit the portion of a
  6  3 percentage increase, in the premium rate charged to a small
  6  4 employer for a new rating period attributable to the claims
  6  5 experience, health status, or duration of coverage of the
  6  6 employees or dependents of the small employer, from exceeding
  6  7 an increase of more than 15 percent annually.
  6  8    DIVISION II == WELLNESS INITIATIVES.  The bill allows a
  6  9 small employer carrier to transfer a small employer into a
  6 10 different class of business with a lower index rate based upon
  6 11 claims experience, implementation of managed care or wellness
  6 12 programs, or health status improvement of the small employer
  6 13 since issuance of the policy.
  6 14    The bill also allows a small employer carrier to offer
  6 15 premium credits or discounts to a small employer for the
  6 16 benefit of eligible employees of that employer who voluntarily
  6 17 participate in wellness or disease management programs.  The
  6 18 bill requires the commissioner of insurance to adopt rules or
  6 19 orders allowing suspension or modification of premium rate
  6 20 restrictions to enable a small employer carrier to provide
  6 21 such premium credits or discounts to a small employer based on
  6 22 measurable reductions in costs of that small employer,
  6 23 including but not limited to tobacco use cessation,
  6 24 participation in established wellness or disease management
  6 25 programs, and reduced administrative or distribution costs.
  6 26 The bill prohibits an employee from being penalized in any way
  6 27 for not participating in a wellness or disease management
  6 28 program.
  6 29    DIVISION III == EFFECTIVE DATE.  The bill takes effect upon
  6 30 enactment.
  6 31 LSB 1583HV 82
  6 32 av:rj/cf/24