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H0655aaS........................................................by BUSINESS INSURANCE - Amends existing law relating to insurance to provide that large employer carriers, small employer carriers and individual carriers may discontinue offering particular health benefit plans at the time of coverage renewal under certain conditions. 02/10 House intro - 1st rdg - to printing 02/13 Rpt prt - to Bus 03/02 Rpt out - rec d/p - to 2nd rdg 03/03 2nd rdg - to 3rd rdg 03/06 3rd rdg - PASSED - 62-1-7 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp, Lake, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ringo, Roberts, Rusche, Rydalch, Sali, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Wood, Mr. Speaker NAYS -- LeFavour Absent and excused -- Boe, Brackett, Ring, Sayler, Stevenson, Trail, Wills Floor Sponsors - Deal & Black Title apvd - to Senate 03/07 Senate intro - 1st rdg - to Com/HuRes 03/24 Rpt out - to 14th Ord 03/28 Rpt out amen - to 1st rdg as amen 03/29 1st rdg - to 2nd rdg as amen 03/30 2nd rdg - to 3rd rdg as amen Rls susp - PASSED - 34-0-1 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Werk, Williams NAYS -- None Absent and excused -- Sweet Floor Sponsor - Goedde Title apvd - to House 04/03 House concurred in Senate amens - to engros 04/04 Rpt engros - 1st rdg - to 2nd rdg as amen Rls susp - PASSED - 66-0-4 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark, Collins, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- None Absent and excused -- Bedke, Bell, Crow, Shepherd(2) Floor Sponsor - Deal Title apvd - To enrol - Rpt enrol - Sp signed 04/05 Pres signed - To Governor 04/07 Governor signed Session Law Chapter 353 Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 655 BY BUSINESS COMMITTEE 1 AN ACT 2 RELATING TO INSURANCE; AMENDING SECTION 41-2223, IDAHO CODE, TO PROVIDE THAT 3 LARGE EMPLOYER CARRIERS MAY DISCONTINUE OFFERING PARTICULAR HEALTH BENEFIT 4 PLANS AT THE TIME OF COVERAGE RENEWAL UNDER CERTAIN CONDITIONS; AMENDING 5 SECTION 41-4707, IDAHO CODE, TO PROVIDE THAT SMALL EMPLOYER CARRIERS MAY 6 DISCONTINUE OFFERING PARTICULAR HEALTH BENEFIT PLANS AT THE TIME OF COVER- 7 AGE RENEWAL UNDER CERTAIN CONDITIONS; AND AMENDING SECTION 41-5207, IDAHO 8 CODE, TO PROVIDE THAT INDIVIDUAL CARRIERS MAY DISCONTINUE OFFERING PARTIC- 9 ULAR HEALTH BENEFIT PLANS AT THE TIME OF COVERAGE RENEWAL UNDER CERTAIN 10 CONDITIONS. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Section 41-2223, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 41-2223. RENEWABILITY OF COVERAGE. (1) A health benefit plan subject to 15 the provisions of this chapter shall be renewable with respect to all eligible 16 employees or dependents, at the option of the employer, except in any of the 17 following cases: 18 (a) Nonpayment of the required premiums; 19 (b) Fraud or intentional misrepresentation of material fact by the 20 employer; 21 (c) Noncompliance with the carrier's minimum participation requirements; 22 (d) Noncompliance with the carrier's employer contribution requirements; 23 (e) In the case of health benefit plans that are made available in the 24 employer market only through one (1) or more associations, as defined in 25 section 41-2202, Idaho Code, the membership of an employer in the associa- 26 tion, on the basis of which the coverage is provided ceases, but only if 27 the coverage is terminated under this paragraph uniformly without regard 28 to any health status-related factor relating to any covered individual; 29 (f) The employer no longer meets the requirements of section 30 41-2221(2)(b), Idaho Code; 31 (g) The carrier elects, at the time of coverage renewal, to discontinue 32 offering a particular health benefit plan delivered or issued for delivery 33 to large employers in this state. Unless otherwise authorized in advance 34 by the department of insurance, a carrier may discontinue a product only 35 after the product has been in use for at least thirty-six (36) consecutive 36 months, provided the carrier may not discontinue more than twenty percent 37 (20%) of its total number of employees and dependents in all lines of 38 business in a twelve (12) month period. The carrier shall: 39 (i) Provide advance written or electronic notice of its decision 40 under this paragraph to the director; 41 (ii) Provide notice of the discontinuation to all affected employers 42 and employees or dependents at least ninety (90) calendar days prior 43 to the date the particular health benefit plan will be discontinued 2 1 by the carrier, provided that notice to the director under the provi- 2 sions of this paragraph shall be provided at least fourteen (14) cal- 3 endar days prior to the notice to the affected employers; 4 (iii) Offer to each affected employer, on a guaranteed issue basis, 5 the option to purchase all other health benefit plans currently being 6 offered by the carrier to large employers in this state; and 7 (iv) In exercising the option to discontinue the health benefit plan 8 and in offering the option to purchase all other health benefit plans 9 under the provisions of this paragraph, act uniformly without regard 10 to: 11 1. The claims experience of an affected employer; 12 2. Any health status-related factor relating to any affected 13 employee or dependent; or 14 3. Any health status-related factor relating to any new 15 employee or dependent who may become eligible for the coverage. 16 (h) The carrier elects to nonrenew all of its health benefit plans deliv- 17 ered or issued for delivery to large employers in this state. In such a 18 case the carrier shall: 19 (i) Provide advance notice of its decision under this paragraph to 20 the director in each state in which it is licensed; and 21 (ii) Provide notice of the decision not to renew coverage to all 22 affected employers and to the director at least one hundred eighty 23 (180) calendar days prior to the nonrenewal of any health benefit 24 plans by the carrier. Notice to the director under the provisions of 25 this paragraph shall be provided at least three (3) working days 26 prior to the notice to the affected employers; or 27 (hi) The director finds that the continuation of the coverage would: 28 (i) Not be in the best interests of the policyholders or certifi- 29 cate holders; or 30 (ii) Impair the carrier's ability to meet its contractual obliga- 31 tions. 32 In such instance the director shall assist affected employers in finding 33 replacement coverage. 34 (2) A carrier that elects not to renew a health benefit plan under the 35 provisions of subsection (1)(gh) of this section shall be prohibited from 36 writing new business in the large employer market in this state for a period 37 of five (5) years from the date of notice to the director. 38 (3) In the case of a carrier doing business in one (1) established geo- 39 graphic service area of the state, the provisions set forth in this section 40 shall apply only to the carrier's operations in that service area. 41 SECTION 2. That Section 41-4707, Idaho Code, be, and the same is hereby 42 amended to read as follows: 43 41-4707. RENEWABILITY OF COVERAGE. (1) A health benefit plan subject to 44 the provisions of this chapter shall be renewable with respect to all eligible 45 employees or dependents, at the option of the small employer, except in any of 46 the following cases: 47 (a) Nonpayment of the required premiums; 48 (b) Fraud or intentional misrepresentation of material fact by the small 49 employer; 50 (c) Noncompliance with the carrier's minimum participation requirements; 51 (d) Noncompliance with the carrier's employer contribution requirements; 52 (e) In the case of health benefit plans that are made available in the 53 small employer market only through one (1) or more associations as defined 3 1 in section 41-2202, Idaho Code, the membership of an employer in the asso- 2 ciation, on the basis of which the coverage is provided ceases, but only 3 if the coverage is terminated under this paragraph uniformly without 4 regard to any health status-related factor relating to any covered indi- 5 vidual; 6 (f) The small employer no longer meets the requirements of section 7 41-4703(28), Idaho Code; 8 (g) The small employer carrier elects, at the time of coverage renewal, 9 to discontinue offering a particular health benefit plan delivered or 10 issued for delivery to small employers in this state. Unless otherwise 11 authorized in advance by the department of insurance, a carrier may dis- 12 continue a product only after the product has been in use for at least 13 thirty-six (36) consecutive months, provided the carrier may not discon- 14 tinue more than twenty percent (20%) of its total number of employees and 15 dependents in all lines of business in a twelve (12) month period. The 16 carrier shall: 17 (i) Provide advance written or electronic notice of its decision 18 under this paragraph to the director; 19 (ii) Provide notice of the discontinuation to all affected employers 20 and employees or dependents at least ninety (90) calendar days prior 21 to the date the particular health benefit plan will be discontinued 22 by the carrier, provided that notice to the director under the provi- 23 sions of this paragraph shall be provided at least fourteen (14) cal- 24 endar days prior to the notice to the affected employers; 25 (iii) Offer to each affected employer, on a guaranteed issue basis, 26 the option to purchase all other health benefit plans currently being 27 offered by the carrier to small employers in this state; and 28 (iv) In exercising the option to discontinue the health benefit plan 29 and in offering the option to purchase all other health benefit plans 30 under the provisions of this paragraph, act uniformly without regard 31 to: 32 1. The claims experience of an affected employer; 33 2. Any health status-related factor relating to any affected 34 employee or dependent; or 35 3. Any health status-related factor relating to any new 36 employee or dependent who may become eligible for the coverage. 37 (h) The small employer carrier elects to nonrenew all of its health bene- 38 fit plans delivered or issued for delivery to small employers in this 39 state. In such a case the carrier shall: 40 (i) Provide advance notice of its decision under this paragraph to 41 the director in each state in which it is licensed; and 42 (ii) Provide notice of the decision not to renew coverage to all 43 affected small employers and to the director at least one hundred 44 eighty (180) calendar days prior to the nonrenewal of any health ben- 45 efit plans by the carrier. Notice to the director under the provi- 46 sions of this paragraph shall be provided at least three (3) working 47 days prior to the notice to the affected small employers; or 48 (hi) The director finds that the continuation of the coverage would: 49 (i) Not be in the best interests of the policyholders or certifi- 50 cate holders; or 51 (ii) Impair the carrier's ability to meet its contractual obliga- 52 tions. 53 In such instance the director shall assist affected small employers in 54 finding replacement coverage. 55 (2) A small employer carrier that elects not to renew a health benefit 4 1 plan under the provisions of subsection (1)(gh) of this section shall be pro- 2 hibited from writing new business in the small employer market in this state 3 for a period of five (5) years from the date of notice to the director. 4 (3) In the case of a small employer carrier doing business in one (1) 5 established geographic service area of the state, the rules set forth in this 6 subsection shall apply only to the carrier's operations in that service area. 7 SECTION 3. That Section 41-5207, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 41-5207. RENEWABILITY OF COVERAGE. (1) A health benefit plan subject to 10 the provisions of this chapter shall be renewable with respect to the individ- 11 ual or dependents, at the option of the individual, except in any of the fol- 12 lowing cases: 13 (a) Nonpayment of the required premiums; 14 (b) Fraud or intentional misrepresentation of material fact by the indi- 15 vidual insured or his representatives. An individual whose coverage is 16 terminated for fraud or misrepresentation shall not be deemed to be an 17 "eligible individual" for a period of twelve (12) months from the effec- 18 tive date of the termination of the individual's coverage and shall not be 19 deemed to have "qualifying previous coverage" under chapter 22, 47 or 52, 20 title 41, Idaho Code; 21 (c) The individual ceases to be an eligible individual as defined in sec- 22 tion 41-5203(10), Idaho Code; 23 (d) In the case of health benefit plans that are made available in the 24 individual market only through one (1) or more associations, as defined in 25 section 41-2202, Idaho Code, the membership of an individual in the asso- 26 ciation, on the basis of which the coverage is provided ceases, but only 27 if the coverage is terminated under this paragraph uniformly without 28 regard to any health status-related factor relating to any covered indi- 29 vidual; 30 (e) The individual carrier elects, at the time of coverage renewal, to 31 discontinue offering a particular health benefit plan delivered or issued 32 for delivery to individuals in this state. Unless otherwise authorized in 33 advance by the department of insurance, a carrier may discontinue a prod- 34 uct only after the product has been in use for at least thirty-six (36) 35 consecutive months, provided the carrier may not discontinue more than 36 twenty percent (20%) of its total number of individuals and dependents in 37 all lines of business in a twelve (12) month period. The carrier shall: 38 (i) Provide advance written or electronic notice of its decision 39 under this paragraph to the director; 40 (ii) Provide notice of the discontinuation to all affected individu- 41 als at least ninety (90) calendar days prior to the date the particu- 42 lar health benefit plan will be discontinued by the carrier, provided 43 that notice to the director under the provisions of this paragraph 44 shall be provided at least fourteen (14) calendar days prior to the 45 notice to the affected individuals; 46 (iii) Offer to each affected individual, on a guaranteed issue basis, 47 the option to purchase all other health benefit plans currently being 48 offered by the carrier to individuals in this state; and 49 (iv) Act uniformly without regard to any health status-related fac- 50 tor of an affected individual or dependent of an affected individual 51 who may become eligible for the coverage. 52 (f) The individual carrier elects to nonrenew all of its health benefit 53 plans delivered or issued for delivery to individuals in this state. In 5 1 such a case the carrier shall: 2 (i) Provide advance notice of its decision under this paragraph to 3 the director; and 4 (ii) Provide notice of the decision not to renew coverage to all 5 affected individuals and to the director at least one hundred eighty 6 (180) calendar days prior to the nonrenewal of any health benefit 7 plans by the carrier. Notice to the director under the provisions of 8 this paragraph shall be provided at least three (3) working days 9 prior to the notice to the affected individuals; or 10 (fg) The director finds that the continuation of the coverage would: 11 (i) Not be in the best interests of the policyholders or certifi- 12 cate holders; or 13 (ii) Impair the carrier's ability to meet its contractual obliga- 14 tions. 15 In such instance, the director shall assist affected individuals in find- 16 ing replacement coverage. 17 (2) An individual carrier that elects not to renew a health benefit plan 18 under the provisions of subsection (1)(ef) of this section shall be prohibited 19 from writing new business in the individual market in this state for a period 20 of five (5) years from the date of notice to the director. 21 (3) In the case of an individual carrier doing business in one (1) estab- 22 lished geographic service area of the state, the rules set forth in this sub- 23 section shall apply only to the carrier's operations in that service area.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006Moved by Goedde Seconded by Broadsword IN THE SENATE SENATE AMENDMENTS TO H.B. NO. 655 1 AMENDMENTS TO SECTION 2 2 On page 3 of the printed bill, in line 14, delete "twenty percent (20%)" 3 and insert: "fifteen percent (15%)"; in line 15, following "business" insert: 4 "regulated by this chapter"; in line 27, delete "and"; and in line 36, delete 5 "coverage." and insert: "coverage; and 6 (v) Offer the new products at rates that comply with section 7 41-4706(1)(c), Idaho Code.". 8 AMENDMENTS TO SECTION 3 9 On page 4, in line 36, delete "twenty percent (20%)" and insert: "fifteen 10 percent (15%)"; in line 37, following "business" insert: "regulated by this 11 chapter"; in line 48, delete "and"; and in line 51, delete "coverage." and 12 insert: "coverage; and 13 (v) Offer the new products at rates that comply with section 14 41-5206(1)(b), Idaho Code.".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 655, As Amended in the Senate BY BUSINESS COMMITTEE 1 AN ACT 2 RELATING TO INSURANCE; AMENDING SECTION 41-2223, IDAHO CODE, TO PROVIDE THAT 3 LARGE EMPLOYER CARRIERS MAY DISCONTINUE OFFERING PARTICULAR HEALTH BENEFIT 4 PLANS AT THE TIME OF COVERAGE RENEWAL UNDER CERTAIN CONDITIONS; AMENDING 5 SECTION 41-4707, IDAHO CODE, TO PROVIDE THAT SMALL EMPLOYER CARRIERS MAY 6 DISCONTINUE OFFERING PARTICULAR HEALTH BENEFIT PLANS AT THE TIME OF COVER- 7 AGE RENEWAL UNDER CERTAIN CONDITIONS; AND AMENDING SECTION 41-5207, IDAHO 8 CODE, TO PROVIDE THAT INDIVIDUAL CARRIERS MAY DISCONTINUE OFFERING PARTIC- 9 ULAR HEALTH BENEFIT PLANS AT THE TIME OF COVERAGE RENEWAL UNDER CERTAIN 10 CONDITIONS. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Section 41-2223, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 41-2223. RENEWABILITY OF COVERAGE. (1) A health benefit plan subject to 15 the provisions of this chapter shall be renewable with respect to all eligible 16 employees or dependents, at the option of the employer, except in any of the 17 following cases: 18 (a) Nonpayment of the required premiums; 19 (b) Fraud or intentional misrepresentation of material fact by the 20 employer; 21 (c) Noncompliance with the carrier's minimum participation requirements; 22 (d) Noncompliance with the carrier's employer contribution requirements; 23 (e) In the case of health benefit plans that are made available in the 24 employer market only through one (1) or more associations, as defined in 25 section 41-2202, Idaho Code, the membership of an employer in the associa- 26 tion, on the basis of which the coverage is provided ceases, but only if 27 the coverage is terminated under this paragraph uniformly without regard 28 to any health status-related factor relating to any covered individual; 29 (f) The employer no longer meets the requirements of section 30 41-2221(2)(b), Idaho Code; 31 (g) The carrier elects, at the time of coverage renewal, to discontinue 32 offering a particular health benefit plan delivered or issued for delivery 33 to large employers in this state. Unless otherwise authorized in advance 34 by the department of insurance, a carrier may discontinue a product only 35 after the product has been in use for at least thirty-six (36) consecutive 36 months, provided the carrier may not discontinue more than twenty percent 37 (20%) of its total number of employees and dependents in all lines of 38 business in a twelve (12) month period. The carrier shall: 39 (i) Provide advance written or electronic notice of its decision 40 under this paragraph to the director; 41 (ii) Provide notice of the discontinuation to all affected employers 42 and employees or dependents at least ninety (90) calendar days prior 43 to the date the particular health benefit plan will be discontinued 2 1 by the carrier, provided that notice to the director under the provi- 2 sions of this paragraph shall be provided at least fourteen (14) cal- 3 endar days prior to the notice to the affected employers; 4 (iii) Offer to each affected employer, on a guaranteed issue basis, 5 the option to purchase all other health benefit plans currently being 6 offered by the carrier to large employers in this state; and 7 (iv) In exercising the option to discontinue the health benefit plan 8 and in offering the option to purchase all other health benefit plans 9 under the provisions of this paragraph, act uniformly without regard 10 to: 11 1. The claims experience of an affected employer; 12 2. Any health status-related factor relating to any affected 13 employee or dependent; or 14 3. Any health status-related factor relating to any new 15 employee or dependent who may become eligible for the coverage. 16 (h) The carrier elects to nonrenew all of its health benefit plans deliv- 17 ered or issued for delivery to large employers in this state. In such a 18 case the carrier shall: 19 (i) Provide advance notice of its decision under this paragraph to 20 the director in each state in which it is licensed; and 21 (ii) Provide notice of the decision not to renew coverage to all 22 affected employers and to the director at least one hundred eighty 23 (180) calendar days prior to the nonrenewal of any health benefit 24 plans by the carrier. Notice to the director under the provisions of 25 this paragraph shall be provided at least three (3) working days 26 prior to the notice to the affected employers; or 27 (hi) The director finds that the continuation of the coverage would: 28 (i) Not be in the best interests of the policyholders or certifi- 29 cate holders; or 30 (ii) Impair the carrier's ability to meet its contractual obliga- 31 tions. 32 In such instance the director shall assist affected employers in finding 33 replacement coverage. 34 (2) A carrier that elects not to renew a health benefit plan under the 35 provisions of subsection (1)(gh) of this section shall be prohibited from 36 writing new business in the large employer market in this state for a period 37 of five (5) years from the date of notice to the director. 38 (3) In the case of a carrier doing business in one (1) established geo- 39 graphic service area of the state, the provisions set forth in this section 40 shall apply only to the carrier's operations in that service area. 41 SECTION 2. That Section 41-4707, Idaho Code, be, and the same is hereby 42 amended to read as follows: 43 41-4707. RENEWABILITY OF COVERAGE. (1) A health benefit plan subject to 44 the provisions of this chapter shall be renewable with respect to all eligible 45 employees or dependents, at the option of the small employer, except in any of 46 the following cases: 47 (a) Nonpayment of the required premiums; 48 (b) Fraud or intentional misrepresentation of material fact by the small 49 employer; 50 (c) Noncompliance with the carrier's minimum participation requirements; 51 (d) Noncompliance with the carrier's employer contribution requirements; 52 (e) In the case of health benefit plans that are made available in the 53 small employer market only through one (1) or more associations as defined 3 1 in section 41-2202, Idaho Code, the membership of an employer in the asso- 2 ciation, on the basis of which the coverage is provided ceases, but only 3 if the coverage is terminated under this paragraph uniformly without 4 regard to any health status-related factor relating to any covered indi- 5 vidual; 6 (f) The small employer no longer meets the requirements of section 7 41-4703(28), Idaho Code; 8 (g) The small employer carrier elects, at the time of coverage renewal, 9 to discontinue offering a particular health benefit plan delivered or 10 issued for delivery to small employers in this state. Unless otherwise 11 authorized in advance by the department of insurance, a carrier may dis- 12 continue a product only after the product has been in use for at least 13 thirty-six (36) consecutive months, provided the carrier may not discon- 14 tinue more than fifteen percent (15%) of its total number of employees and 15 dependents in all lines of business regulated by this chapter in a twelve 16 (12) month period. The carrier shall: 17 (i) Provide advance written or electronic notice of its decision 18 under this paragraph to the director; 19 (ii) Provide notice of the discontinuation to all affected employers 20 and employees or dependents at least ninety (90) calendar days prior 21 to the date the particular health benefit plan will be discontinued 22 by the carrier, provided that notice to the director under the provi- 23 sions of this paragraph shall be provided at least fourteen (14) cal- 24 endar days prior to the notice to the affected employers; 25 (iii) Offer to each affected employer, on a guaranteed issue basis, 26 the option to purchase all other health benefit plans currently being 27 offered by the carrier to small employers in this state; 28 (iv) In exercising the option to discontinue the health benefit plan 29 and in offering the option to purchase all other health benefit plans 30 under the provisions of this paragraph, act uniformly without regard 31 to: 32 1. The claims experience of an affected employer; 33 2. Any health status-related factor relating to any affected 34 employee or dependent; or 35 3. Any health status-related factor relating to any new 36 employee or dependent who may become eligible for the coverage; 37 and 38 (v) Offer the new products at rates that comply with section 39 41-4706(1)(c), Idaho Code. 40 (h) The small employer carrier elects to nonrenew all of its health bene- 41 fit plans delivered or issued for delivery to small employers in this 42 state. In such a case the carrier shall: 43 (i) Provide advance notice of its decision under this paragraph to 44 the director in each state in which it is licensed; and 45 (ii) Provide notice of the decision not to renew coverage to all 46 affected small employers and to the director at least one hundred 47 eighty (180) calendar days prior to the nonrenewal of any health ben- 48 efit plans by the carrier. Notice to the director under the provi- 49 sions of this paragraph shall be provided at least three (3) working 50 days prior to the notice to the affected small employers; or 51 (hi) The director finds that the continuation of the coverage would: 52 (i) Not be in the best interests of the policyholders or certifi- 53 cate holders; or 54 (ii) Impair the carrier's ability to meet its contractual obliga- 55 tions. 4 1 In such instance the director shall assist affected small employers in 2 finding replacement coverage. 3 (2) A small employer carrier that elects not to renew a health benefit 4 plan under the provisions of subsection (1)(gh) of this section shall be pro- 5 hibited from writing new business in the small employer market in this state 6 for a period of five (5) years from the date of notice to the director. 7 (3) In the case of a small employer carrier doing business in one (1) 8 established geographic service area of the state, the rules set forth in this 9 subsection shall apply only to the carrier's operations in that service area. 10 SECTION 3. That Section 41-5207, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 41-5207. RENEWABILITY OF COVERAGE. (1) A health benefit plan subject to 13 the provisions of this chapter shall be renewable with respect to the individ- 14 ual or dependents, at the option of the individual, except in any of the fol- 15 lowing cases: 16 (a) Nonpayment of the required premiums; 17 (b) Fraud or intentional misrepresentation of material fact by the indi- 18 vidual insured or his representatives. An individual whose coverage is 19 terminated for fraud or misrepresentation shall not be deemed to be an 20 "eligible individual" for a period of twelve (12) months from the effec- 21 tive date of the termination of the individual's coverage and shall not be 22 deemed to have "qualifying previous coverage" under chapter 22, 47 or 52, 23 title 41, Idaho Code; 24 (c) The individual ceases to be an eligible individual as defined in sec- 25 tion 41-5203(10), Idaho Code; 26 (d) In the case of health benefit plans that are made available in the 27 individual market only through one (1) or more associations, as defined in 28 section 41-2202, Idaho Code, the membership of an individual in the asso- 29 ciation, on the basis of which the coverage is provided ceases, but only 30 if the coverage is terminated under this paragraph uniformly without 31 regard to any health status-related factor relating to any covered indi- 32 vidual; 33 (e) The individual carrier elects, at the time of coverage renewal, to 34 discontinue offering a particular health benefit plan delivered or issued 35 for delivery to individuals in this state. Unless otherwise authorized in 36 advance by the department of insurance, a carrier may discontinue a prod- 37 uct only after the product has been in use for at least thirty-six (36) 38 consecutive months, provided the carrier may not discontinue more than 39 fifteen percent (15%) of its total number of individuals and dependents in 40 all lines of business regulated by this chapter in a twelve (12) month 41 period. The carrier shall: 42 (i) Provide advance written or electronic notice of its decision 43 under this paragraph to the director; 44 (ii) Provide notice of the discontinuation to all affected individu- 45 als at least ninety (90) calendar days prior to the date the particu- 46 lar health benefit plan will be discontinued by the carrier, provided 47 that notice to the director under the provisions of this paragraph 48 shall be provided at least fourteen (14) calendar days prior to the 49 notice to the affected individuals; 50 (iii) Offer to each affected individual, on a guaranteed issue basis, 51 the option to purchase all other health benefit plans currently being 52 offered by the carrier to individuals in this state; 53 (iv) Act uniformly without regard to any health status-related fac- 5 1 tor of an affected individual or dependent of an affected individual 2 who may become eligible for the coverage; and 3 (v) Offer the new products at rates that comply with section 4 41-5206(1)(b), Idaho Code. 5 (f) The individual carrier elects to nonrenew all of its health benefit 6 plans delivered or issued for delivery to individuals in this state. In 7 such a case the carrier shall: 8 (i) Provide advance notice of its decision under this paragraph to 9 the director; and 10 (ii) Provide notice of the decision not to renew coverage to all 11 affected individuals and to the director at least one hundred eighty 12 (180) calendar days prior to the nonrenewal of any health benefit 13 plans by the carrier. Notice to the director under the provisions of 14 this paragraph shall be provided at least three (3) working days 15 prior to the notice to the affected individuals; or 16 (fg) The director finds that the continuation of the coverage would: 17 (i) Not be in the best interests of the policyholders or certifi- 18 cate holders; or 19 (ii) Impair the carrier's ability to meet its contractual obliga- 20 tions. 21 In such instance, the director shall assist affected individuals in find- 22 ing replacement coverage. 23 (2) An individual carrier that elects not to renew a health benefit plan 24 under the provisions of subsection (1)(ef) of this section shall be prohibited 25 from writing new business in the individual market in this state for a period 26 of five (5) years from the date of notice to the director. 27 (3) In the case of an individual carrier doing business in one (1) estab- 28 lished geographic service area of the state, the rules set forth in this sub- 29 section shall apply only to the carrier's operations in that service area.
STATEMENT OF PURPOSE RS15984 This proposed HIPAA-compliant legislation will allow carriers to discontinue obsolete health insurance products while continuing to guarantee coverage to members through new and existing product lines, thereby enabling health insurers to better respond to market needs. Similar legislation has been enacted in 44 other states. FISCAL NOTE None. Contact: Rep. Max Black, 332-1000 Rep. Bill Deal, 332-1000 Regence BlueShield of Idaho Lyn Darrington, 336-1986 Tim Olson, 333-7838 STATEMENT OF PURPOSE/FISCAL NOTE H 655