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HB 391/FN (BR 1642) - R. Wilkey
AN ACT relating to insurance.
Create a new section of Subtitle 17A of KRS Chapter 304 to require health insurers in the small group and large group markets to provide an extension of benefits at the date of discontinuance of the group policy; amend KRS 304.17A-005 and 304.17A-080 to make technical changes; amend KRS 304.17A-095 to require a new filing to reflect a material change to a previously approved rate filing; require filing of an amendment for changes to a rate filing; delete provision authorizing commissioner to hold a rate hearing within 60 days of a filing that contains a rate increase; permit insurer to request a hearing if commissioner disapproves rates or orders retroactive reduction of rates; amend KRS 304.17A-0952 to restrict premium rates for individual plans to the 35 percent variation with the index rates for policies issued or renewed on or after January 1, 2003; restrict premium rates for small group or association plans to the 25 percent variation with the index rates for policies issued or renewed on or after January 1, 2003; amend KRS 304.17A-0954 to restrict premium rates for employer organized association plans to the 25 percent variation with the index rates for policies issued or renewed on or after January 1, 2003; amend KRS 304.17A-150 to prohibit the referral of an "individual" rather than an "employee" to Kentucky Access; amend KRS 304.17A-240 to allow a insurer to nonrenew or discontinue a group health plan if the group no longer meets participation requirements or contribution requirements as established by the insurer; amend KRS 304.17A-669 to exempt groups of fewer than fifty-one rather than fifty; create a new section of Subtitle 17B of KRS Chapter 304 to require the Health Insurance Advisory Council to review the list of high-cost health conditions not less than annually; permit the commissioner to add to or delete from the list of high-cost health conditions by administrative regulation; amend KRS 304.17B-015 to require rejection by at least one insurer, rather than two insurers, to be eligible for Kentucky Access; provide that a person may be terminated from Kentucky Access coverage for failure to meet the requirements of an administrative regulation promulgated under Subtitle 17B of KRS Chapter 304; create a new section of Subtitle 18 of KRS Chapter 304 to require group health insurers to offer a conversion policy to a group member terminated for any reason; amend KRS 304.18-110 to remove provisions on conversion policy for terminated group members; provide that if a group policy is replaced by a succeeding insurer, persons under the continued insurance shall remain covered under the prior insurer's policy; amend KRS 304.18-126 to require a group insurer to provide an extension of benefits for confinement in a facility for which benefits would otherwise be payable at date of discontinuance; amend KRS 304.18-127 to provide that in case of a group policy replacing the group policy of another insurer, if a person is confined on the date of coverage of the succeeding insurer's plan the succeeding insurer has a nonconfinement rule, the succeeding insurer is not responsible for the cost of confinement to the extent the confinement is covered by a prior insurer's extension of benefits provision; amend KRS 304.40-075 to require health care providers when registering as a charitable provider to supply a copy of the medical malpractice policy and other documentation the commissioner deems necessary to determine the proper amount of premiums and taxes to be reimbursed; require premium refund to be promptly remitted to the department for transmittal to the general fund; repeal KRS 304.17A-137 that requires coverage of drugs not approved by the FDA for cancer treatment under certain conditions; repeal KRS 304.17A-260 which requires certain health insurers to be approved to reenter Kentucky's health insurance market.
HB 391 - AMENDMENTS
HCS/FN - Retain original provisions of the bill; delete provision requiring group health insurers to provide extension of benefits at the date of discontinuance of policy in the event of the member's total disability or confinement in a facility for which benefits would otherwise be payable; define "conversion health insurance coverage"; allow conversion health insurance coverage to contain a pre-existing condition limitation; delete provision establishing right of conversion for surviving spouse, child, and former spouse; delete provision that continued group coverage terminates at end of grace period if group member fails to pay premium and insurer has provided notice of termination; provide that continuation of group coverage need not be provided if the applicant could be covered by Medicare or another group coverage on the effective date of coverage rather than on the date of application; define "disability"; limit the benefits payable under an extension of benefits to the member's hospital confinement or period of total disability for a specific condition, illness, or injury that resulted in the member's total disability; describe a reasonable extension of benefits under major medical coverage for a period of total disability; create a new section of Subtitle 13 of KRS Chapter 304 to provide that in connection with rental reimbursement coverage under an automobile insurance policy, an insurer, employee of an insurer, agent, adjuster, or consultant shall not solicit or accept a referral fee or gratuity in exchange for referring an insured or claimant to a rental vehicle agency; amend KRS 304.17A-0952 to provide that the premium rates charged to a small group or association member cannot vary from the index rate by more than thirty-five percent (35%) of the index rate; amend KRS 304.17A-0954 to provide that rates charged to a member of a employer-organized association cannot vary from its own index rate by more than thirty-five percent (35%); amend KRS 304.17A-150 to provide that individuals eligible for group health insurance coverage provided by a small employer or through an employer-organized association health insurance plan shall also be eligible for Kentucky Access if denied coverage by the insurer.
HCA (1, R. Wilkey) - Delete the provision that allows individuals eligible for group health insurance coverage provided by a small employer or employer-organized association to be eligible for Kentucky Access if denied coverage by the insurer; provide that premium rates for small group, association, and employer-organized association plans may vary from the index rate by not more than fifty percent rather than thirty-five percent.
HFA (1, R. Damron) - Delete the provision that allows individuals eligible for group health insurance coverage provided by a small employer or employer-organized association to be eligible for Kentucky Access if denied coverage by the insurer; provide that premium rates for small group, association, and employer-organized association plans may vary from the index rate by not more than fifty percent rather than thirty-five percent.
SFA (1, D. Williams) - Amend KRS 18A.225 to provide that if a state employee's residence and place of employment are in the same county and if the hospital located within that county does not offer certain listed services, the state employee may select a plan available in a contiguous county that does provide those services; provide that the state contribution for the plan shall be the amount available in the county where the plan selected is located.
SFA (2, J. Denton) - Retain original provisions; change provisions regarding premium rates that may be charged to small groups or employer-organized associations to allow the premium rate to vary from the index rate by no more than 25% rather than 50%; reinstate language providing that the premium rate charged to small groups or employer-organized associations shall not vary from the index rate by more than 50% for two consecutive years beginning January 1, 2001; state that upon issuance or renewal of a policy, on or after January 1, 2003, the maximum variation shall revert to 25% of the index rate.
Jan 17-introduced in House
Jan 18-to Banking and Insurance (H)
Jan 22-posted in committee
Feb 22-reported favorably, 1st reading, to Calendar with Committee Substitute
Feb 25-2nd reading, to Rules
Mar 4-posted for passage in the Regular Orders of the Day for Tuesday, March 5, 2002; floor amendment (1) filed to Committee Substitute
Mar 7-recommitted to Appropriations and Revenue (H)
Mar 11-posting waived
Mar 12-reported favorably, to Rules with committee amendment (1) to the Committee Substitute
Mar 13-posted for passage in the Regular Orders of the Day for Thursday, March 14, 2002
Mar 14-3rd reading, passed 96-0 with Committee Substitute, committee amendment (1)
Mar 15-received in Senate
Mar 19-to Banking and Insurance (S)
Mar 21-reported favorably, 1st reading, to Consent Calendar
Mar 22-2nd reading, to Rules
Mar 28-posted for passage in the Consent Orders of the Day for Thursday, March 28, 2002; floor amendments (1) and (2) filed ; taken from the Consent Orders of the Day, placed in the Regular Orders of the Day
Mar 29-3rd reading; floor amendment (2) withdrawn ; passed 35-0 with floor amendment (1)
Apr 1-received in House; posted for passage for concurrence in Senate floor amendment (1)
Apr 2-House refused to concur in Senate floor amendment (1)
Apr 15-received in Senate; returned to House; motion not to concur reconsidered (do not change PASSED status); House concurred in Senate floor amendment (1) ; passed 96-0; enrolled, signed by each presiding officer; delivered to Governor
Apr 23-signed by Governor (Acts ch. 351)
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