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S1342.......................................by COMMERCE AND HUMAN RESOURCES HEALTH BENEFIT PLANS - Amends existing law to prohibit carriers that offer health benefit plans under the Small Employer Health Insurance Availability Act or the Individual Health Insurance Availability Act from providing compensation in the form of a flat fee; to require compensation to be in the form of a commission; to limit the commission; and to define "carrier." 02/16 Senate intro - 1st rdg - to printing 02/17 Rpt prt - to Com/HuRes
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004IN THE SENATE SENATE BILL NO. 1342 BY COMMERCE AND HUMAN RESOURCES COMMITTEE 1 AN ACT 2 RELATING TO INSURANCE; AMENDING SECTION 41-1030, IDAHO CODE, TO PROHIBIT CAR- 3 RIERS THAT OFFER HEALTH BENEFIT PLANS UNDER THE SMALL EMPLOYER HEALTH 4 INSURANCE AVAILABILITY ACT OR THE INDIVIDUAL HEALTH INSURANCE AVAILABILITY 5 ACT FROM PROVIDING COMPENSATION IN THE FORM OF A FLAT FEE, TO REQUIRE COM- 6 PENSATION TO BE IN THE FORM OF A COMMISSION, TO LIMIT THE COMMISSION AND 7 TO DEFINE "CARRIER." 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 41-1030, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 41-1030. PRODUCER COMPENSATION. (1) For purposes of this section: 12 (a) "Consumer" means an insured, a prospective insured or an employer 13 group. 14 (b) "Retail producer" means a producer who solicits, negotiates with or 15 sells an insurance contract directly to a consumer. 16 (c) "Wholesale producer" means a producer who solicits, negotiates or 17 sells an insurance contract directly with a retail producer, but not with 18 a consumer. 19 (2) Notwithstanding any other provision of title 41, Idaho Code, and 20 except as provided inthissubsection (2)(c) of this section, retail producers 21 and wholesale producers may charge a fee or be compensated by a combination of 22 fees and commissions. 23 (a) Before charging a fee to a consumer, a retail producer shall provide 24 to the consumer a written statement that describes the services the retail 25 producer will perform and the fees the retail producer will receive. 26 Acceptance by the consumer of a fee arrangement shall be evidenced by the 27 consumer signing and dating the fee statement. 28 (b) Before charging a fee to a retail producer, a wholesale producer 29 shall provide to the retail producer a written statement that describes 30 the services the wholesale producer will perform and the fees the whole- 31 sale producer will receive. Information regarding the amount of the fees 32 charged by the wholesale producer shall be disclosed in writing on the 33 face of the policy as a separately itemized charge. 34 (c) Carriers offering health benefit plans pursuant to chapter 47 or 52, 35 title 41, Idaho Code, shall be prohibited from providing compensation in 36 the form of a flat fee. The payment of any compensation to a producer for 37 such plans shall be in the form of a commission not to exceed ten percent 38 (10%) of the premium paid. As used in this subsection (2)(c), "carrier" is 39 as defined in section 41-4703 or 41-5203, Idaho Code, as applicable.
STATEMENT OF PURPOSE RS 14013 The purpose of this legislation is to limit the amount of commission paid by a health insurance company and to prohibit the use of fees instead of commission on health insurance products. Recently, one of the large insurers changed their commission structure to a fee- based system. A fee-based system pays the producer a set fee regardless of the age, health condition, or premium of the insured. The unintended consequence of such a system will be to: 1. It will create a disincentive for agents to service clients with heavy claim loads. 2. It will cause adverse selection from one carrier to another, causing the older, less healthy clients to go to the non-fee-based company and the younger, healthier clients to go to the fee-based company. 3. It will cause adverse selection between small group and individual products. Causing the young and healthy to gravitate towards individual products. Further, it would disincent agents from encouraging employers from assisting in the coverage of spouse and children. This bill only affects individual and small group products. It does not affect large group (over 50) and self-funded plans. FISCAL IMPACT None. Contact: Senator Dean Cameron S 1342