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H. B. No. 511 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Representatives Boose, Grossman, Henne, Romanchuk, Smith, Wachtmann, Young
A BILL
To amend sections 1739.05, 1751.14, 3923.123,
3923.24, 3923.241, and 3924.01 and to suspend
sections 1751.53 and 3923.38 of the Revised Code
to suspend the operation of continuation of
coverage requirements and make other
insurance-related changes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1739.05, 1751.14, 3923.123, 3923.24,
3923.241, and 3924.01 of the Revised Code are amended to read as
follows:
Sec. 1739.05. (A) A multiple employer welfare arrangement
that is created pursuant to sections 1739.01 to 1739.22 of the
Revised Code and that operates a group self-insurance program may
be established only if any of the following applies:
(1) The arrangement has and maintains a minimum enrollment of
three hundred employees of two or more employers.
(2) The arrangement has and maintains a minimum enrollment of
three hundred self-employed individuals.
(3) The arrangement has and maintains a minimum enrollment of
three hundred employees or self-employed individuals in any
combination of divisions (A)(1) and (2) of this section.
(B) A multiple employer welfare arrangement that is created
pursuant to sections 1739.01 to 1739.22 of the Revised Code and
that operates a group self-insurance program shall comply with all
laws applicable to self-funded programs in this state, including
sections 3901.04, 3901.041, 3901.19 to 3901.26, 3901.38, 3901.381
to 3901.3814, 3901.40, 3901.45, 3901.46, 3902.01 to 3902.14,
3923.24, 3923.282, 3923.30, 3923.301, 3923.38, 3923.581, 3923.63,
3923.80, 3924.031, 3924.032, and 3924.27 of the Revised Code.
(C) A multiple employer welfare arrangement created pursuant
to sections 1739.01 to 1739.22 of the Revised Code shall solicit
enrollments only through agents or solicitors licensed pursuant to
Chapter 3905. of the Revised Code to sell or solicit sickness and
accident insurance.
(D) A multiple employer welfare arrangement created pursuant
to sections 1739.01 to 1739.22 of the Revised Code shall provide
benefits only to individuals who are members, employees of
members, or the dependents of members or employees, or are
eligible for continuation of coverage under section 1751.53 or
3923.38 of the Revised Code or under Title X of the "Consolidated
Omnibus Budget Reconciliation Act of 1985," 100 Stat. 227, 29
U.S.C.A. 1161, as amended.
Sec. 1751.14. (A) Notwithstanding section 3901.71 of the
Revised Code, any policy, contract, or agreement for health care
services authorized by this chapter that is issued, delivered, or
renewed in this state and that provides that coverage of an
unmarried dependent child will terminate upon attainment of the
limiting age for dependent children specified in the policy,
contract, or agreement, shall also provide in substance both of
the following:
(1) Once an unmarried child has attained the limiting age for
dependent children, as provided in the policy, contract, or
agreement, upon the request of the subscriber, the health insuring
corporation shall offer to cover the unmarried child until the
child attains twenty-eight twenty-six years of age if all of the
following are true:
(a) The child is the natural child, stepchild, or adopted
child of the subscriber.
(b) The child is a resident of this state or a full-time
student at an accredited public or private institution of higher
education.
(c) The child is not employed by an employer that offers any
health benefit plan under which the child is eligible for
coverage.
(d) The child is not eligible for coverage under the medicaid
program or the medicare program.
(2) That attainment of the limiting age for dependent
children shall not operate to terminate the coverage of a
dependent child if the child is and continues to be both of the
following:
(a) Incapable of self-sustaining employment by reason of
mental retardation or physical handicap;
(b) Primarily dependent upon the subscriber for support and
maintenance.
(B) Proof of incapacity and dependence for purposes of
division (A)(2) of this section shall be furnished to the health
insuring corporation within thirty-one days of the child's
attainment of the limiting age. Upon request, but not more
frequently than annually, the health insuring corporation may
require proof satisfactory to it of the continuance of such
incapacity and dependency.
(C) Nothing in this section shall do any of the following:
(1) Require that any policy, contract, or agreement offer
coverage for dependent children or provide coverage for an
unmarried dependent child's children as dependents on the policy,
contract, or agreement;
(2) Require an employer to pay for any part of the premium
for an unmarried dependent child that has attained the limiting
age for dependents, as provided in the policy, contract, or
agreement;
(3) Require an employer to offer health insurance coverage to
the dependents of any employee.
(D) This section does not apply to any health insuring
corporation policy, contract, or agreement offering only
supplemental health care services or specialty health care
services.
(E) As used in this section, "health benefit plan" has the
same meaning as in section 3924.01 of the Revised Code and also
includes both of the following:
(1) A public employee benefit plan;
(2) A health benefit plan as regulated under the "Employee
Retirement Income Security Act of 1974," 29 U.S.C. 1001, et seq.
Sec. 3923.123. (A) As used in this section:
(1) "Association" means a voluntary unincorporated
association of insurers formed for the sole purpose of enabling
cooperative action to provide health coverage in accordance with
this section.
(2) "Insurer" includes any insurance company authorized to do
the business of sickness and accident insurance in this state and
any health insuring corporation holding a certificate of authority
under Chapter 1751. of the Revised Code.
(3) "Insured" means a person covered under a group policy or
contract issued pursuant to this section.
(4) "Qualified unemployed person" means one who became
unemployed while a resident of this state from employment or
self-employment and has since been continuously unemployed or is
employed only so that the person does not have, or have a right to
purchase, group health coverage. An individual who is, or who
becomes, covered by medicare is not a qualified unemployed person.
A person eligible for coverage under this section, who is also
eligible for continuation of coverage under section 1751.53 or
3923.38 of the Revised Code, may elect either coverage, but not
both. A person who elects continuation of coverage under either of
such sections may, upon the termination of the continuation of
coverage, elect any coverage available under this section.
(B) Any insurer may join with one or more other insurers, in
an association, to offer, sell, and issue to a policyholder or
subscriber selected by the association a policy or contract of
group health coverage, covering residents of this state who are
qualified unemployed persons and the spouses or dependents of such
residents. The coverage shall be offered, issued, and administered
in the name of the association. Membership in the association
shall be open to any insurer and each insurer which participates
shall be liable for a specified percentage of the risks. The
policy or contract may be executed on behalf of the association by
a duly authorized person.
(C) The persons eligible for coverage under the policy or
contract shall be all residents of this state who are qualified
unemployed persons and their spouses and dependents, subject to
reasonable underwriting restrictions to be set forth in the plan
of the association. The policy or contract may provide basic
hospital and surgical coverage, basic medical coverage, major
medical coverage, and any combination of these; provided that it
shall not be required as a condition for obtaining major medical
coverage that any basic coverage be taken.
(D) The association shall file with the superintendent of
insurance any policy, contract, certificate, or other evidence of
coverage, application, or other forms pertaining to such insurance
together with the premium rates to be charged therefor. The
superintendent may approve, disapprove, and withdraw approval of
the forms in accordance with section 3923.02 of the Revised Code,
or the premium rates if by reasonable assumptions such rates are
excessive in relation to the benefits provided. In determining
whether such rates by reasonable assumptions are excessive in
relation to the benefits provided, the superintendent shall give
due consideration to past and prospective claim experience, within
and outside this state, and to fluctuations in such claim
experience, to a reasonable risk charge, to contribution to
surplus and contingency funds, to past and prospective expenses,
both within and outside this state, and to all other relevant
factors within and outside this state, including any differing
operating methods of the insurers joining in the issuance of the
policy or contract. In reviewing the forms the superintendent
shall not be bound by the requirements of sections 3923.04 to
3923.07 of the Revised Code with respect to standard provisions to
be included in sickness and accident policies or forms.
(E) The association may enroll eligible persons for coverage
under the policy or contract through any person licensed by, or
authorized under the law of, this state to sell the policies or
contracts, or to enroll persons in the health plans, of any of the
insurers participating in the association.
(F) The association shall file annually with the
superintendent on such date and in such form as the superintendent
may prescribe, a financial summary of its operations.
(G) The association may sue and be sued in its associate name
and for such purposes only shall be treated as a domestic
corporation. Service of process against such association made upon
a managing agent, any member thereof, or any agent authorized by
appointment to receive service of process, shall have the same
force and effect as if such service had been made upon all members
of the association.
(H) Under any policy issued as provided in this section, the
policyholder, or such person as the policyholder shall designate,
shall alone be a member of each domestic mutual insurance company
joining in the issue of the policy and shall be entitled to one
vote by virtue of such policy at the meetings of each such mutual
insurance company. Notice of the annual meetings of each such
mutual insurance company may be given by written notice to the
policyholder or as otherwise prescribed in said policy.
Sec. 3923.24. (A) Notwithstanding section 3901.71 of the
Revised Code, every certificate furnished by an insurer in
connection with, or pursuant to any provision of, any group
sickness and accident insurance policy delivered, issued for
delivery, renewed, or used in this state on or after January 1,
1972, every policy of sickness and accident insurance delivered,
issued for delivery, renewed, or used in this state on or after
January 1, 1972, and every multiple employer welfare arrangement
offering an insurance program, which provides that coverage of an
unmarried dependent child of a parent or legal guardian will
terminate upon attainment of the limiting age for dependent
children specified in the contract shall also provide in substance
both of the following:
(1) Once an unmarried child has attained the limiting age for
dependent children, as provided in the policy, upon the request of
the insured, the insurer shall offer to cover the unmarried child
until the child attains twenty-eight twenty-six years of age if
all of the following are true:
(a) The child is the natural child, stepchild, or adopted
child of the insured.
(b) The child is a resident of this state or a full-time
student at an accredited public or private institution of higher
education.
(c) The child is not employed by an employer that offers any
health benefit plan under which the child is eligible for
coverage.
(d) The child is not eligible for the medicaid program or the
medicare program.
(2) That attainment of the limiting age for dependent
children shall not operate to terminate the coverage of a
dependent child if the child is and continues to be both of the
following:
(a) Incapable of self-sustaining employment by reason of
mental retardation or physical handicap;
(b) Primarily dependent upon the policyholder or certificate
holder for support and maintenance.
(B) Proof of such incapacity and dependence for purposes of
division (A)(2) of this section shall be furnished by the
policyholder or by the certificate holder to the insurer within
thirty-one days of the child's attainment of the limiting age.
Upon request, but not more frequently than annually after the
two-year period following the child's attainment of the limiting
age, the insurer may require proof satisfactory to it of the
continuance of such incapacity and dependency.
(C) Nothing in this section shall require an insurer to cover
a dependent child who is mentally retarded or physically
handicapped if the contract is underwritten on evidence of
insurability based on health factors set forth in the application,
or if such dependent child does not satisfy the conditions of the
contract as to any requirement for evidence of insurability or
other provision of the contract, satisfaction of which is required
for coverage thereunder to take effect. In any such case, the
terms of the contract shall apply with regard to the coverage or
exclusion of the dependent from such coverage. Nothing in this
section shall apply to accidental death or dismemberment benefits
provided by any such policy of sickness and accident insurance.
(D) Nothing in this section shall do any of the following:
(1) Require that any policy offer coverage for dependent
children or provide coverage for an unmarried dependent child's
children as dependents on the policy;
(2) Require an employer to pay for any part of the premium
for an unmarried dependent child that has attained the limiting
age for dependents, as provided in the policy;
(3) Require an employer to offer health insurance coverage to
the dependents of any employee.
(E) This section does not apply to any policies or
certificates covering only accident, credit, dental, disability
income, long-term care, hospital indemnity, medicare supplement,
specified disease, or vision care; coverage under a
one-time-limited-duration policy of not longer than six months;
coverage issued as a supplement to liability insurance; insurance
arising out of a workers' compensation or similar law; automobile
medical-payment insurance; or insurance under which benefits are
payable with or without regard to fault and that is statutorily
required to be contained in any liability insurance policy or
equivalent self-insurance.
(F) As used in this section, "health benefit plan" has the
same meaning as in section 3924.01 of the Revised Code and also
includes both of the following:
(1) A public employee benefit plan;
(2) A health benefit plan as regulated under the "Employee
Retirement Income Security Act of 1974," 29 U.S.C. 1001, et seq.
Sec. 3923.241. (A) Notwithstanding section 3901.71 of the
Revised Code, any public employee benefit plan that provides that
coverage of an unmarried dependent child will terminate upon
attainment of the limiting age for dependent children specified in
the plan shall also provide in substance both of the following:
(1) Once an unmarried child has attained the limiting age for
dependent children, as provided in the plan, upon the request of
the employee, the public employee benefit plan shall offer to
cover the unmarried child until the child attains twenty-eight
twenty-six years of age if all of the following are true:
(a) The child is the natural child, stepchild, or adopted
child of the employee.
(b) The child is a resident of this state or a full-time
student at an accredited public or private institution of higher
education.
(c) The child is not employed by an employer that offers any
health benefit plan under which the child is eligible for
coverage.
(d) The child is not eligible for the medicaid program or the
medicare program.
(2) That attainment of the limiting age for dependent
children shall not operate to terminate the coverage of a
dependent child if the child is and continues to be both of the
following:
(a) Incapable of self-sustaining employment by reason of
mental retardation or physical handicap;
(b) Primarily dependent upon the plan member for support and
maintenance.
(B) Proof of incapacity and dependence for purposes of
division (A)(2) of this section shall be furnished to the public
employee benefit plan within thirty-one days of the child's
attainment of the limiting age. Upon request, but not more
frequently than annually, the public employee benefit plan may
require proof satisfactory to it of the continuance of such
incapacity and dependency.
(C) Nothing in this section shall do any of the following:
(1) Require that any public employee benefit plan offer
coverage for dependent children or provide coverage for an
unmarried dependent child's children as dependents on the public
employee benefit plan;
(2) Require an employer to pay for any part of the premium
for an unmarried dependent child that has attained the limiting
age for dependents, as provided in the plan;
(3) Require an employer to offer health insurance coverage to
the dependents of any employee.
(D) This section does not apply to any public employee
benefit plan covering only accident, credit, dental, disability
income, long-term care, hospital indemnity, medicare supplement,
specified disease, or vision care; coverage under a
one-time-limited-duration policy of not longer than six months;
coverage issued as a supplement to liability insurance; insurance
arising out of a workers' compensation or similar law; automobile
medical-payment insurance; or insurance under which benefits are
payable with or without regard to fault and which is statutorily
required to be contained in any liability insurance policy or
equivalent self-insurance.
(E) As used in this section, "health benefit plan" has the
same meaning as in section 3924.01 of the Revised Code and also
includes both of the following:
(1) A public employee benefit plan;
(2) A health benefit plan as regulated under the "Employee
Retirement Income Security Act of 1974," 29 U.S.C. 1001, et seq.
Sec. 3924.01. As used in sections 3924.01 to 3924.14 of the
Revised Code:
(A) "Actuarial certification" means a written statement
prepared by a member of the American academy of actuaries, or by
any other person acceptable to the superintendent of insurance,
that states that, based upon the person's examination, a carrier
offering health benefit plans to small employers is in compliance
with sections 3924.01 to 3924.14 of the Revised Code. "Actuarial
certification" shall include a review of the appropriate records
of, and the actuarial assumptions and methods used by, the carrier
relative to establishing premium rates for the health benefit
plans.
(B) "Adjusted average market premium price" means the average
market premium price as determined by the board of directors of
the Ohio health reinsurance program either on the basis of the
arithmetic mean of all carriers' premium rates for an OHC plan
sold to groups with similar case characteristics by all carriers
selling OHC plans in the state, or on any other equitable basis
determined by the board.
(C) "Base premium rate" means, as to any health benefit plan
that is issued by a carrier and that covers at least two but no
more than fifty employees of a small employer, the lowest premium
rate for a new or existing business prescribed by the carrier for
the same or similar coverage under a plan or arrangement covering
any small employer with similar case characteristics.
(D) "Carrier" means any sickness and accident insurance
company or health insuring corporation authorized to issue health
benefit plans in this state or a MEWA. A sickness and accident
insurance company that owns or operates a health insuring
corporation, either as a separate corporation or as a line of
business, shall be considered as a separate carrier from that
health insuring corporation for purposes of sections 3924.01 to
3924.14 of the Revised Code.
(E) "Case characteristics" means, with respect to a small
employer, the geographic area in which the employees work; the age
and sex of the individual employees and their dependents; the
appropriate industry classification as determined by the carrier;
the number of employees and dependents; and such other objective
criteria as may be established by the carrier. "Case
characteristics" does not include claims experience, health
status, or duration of coverage from the date of issue.
(F) "Dependent" means the spouse or child of an eligible
employee, subject to applicable terms of the health benefits plan
covering the employee.
(G) "Eligible employee" means an employee who works a normal
work week of twenty-five thirty or more hours. "Eligible employee"
does not include a temporary or substitute employee, or a seasonal
employee who works only part of the calendar year on the basis of
natural or suitable times or circumstances.
(H) "Health benefit plan" means any hospital or medical
expense policy or certificate or any health plan provided by a
carrier, that is delivered, issued for delivery, renewed, or used
in this state on or after the date occurring six months after
November 24, 1995. "Health benefit plan" does not include policies
covering only accident, credit, dental, disability income,
long-term care, hospital indemnity, medicare supplement, specified
disease, or vision care; coverage under a
one-time-limited-duration policy of no longer than six months;
coverage issued as a supplement to liability insurance; insurance
arising out of a workers' compensation or similar law; automobile
medical-payment insurance; or insurance under which benefits are
payable with or without regard to fault and which is statutorily
required to be contained in any liability insurance policy or
equivalent self-insurance.
(I) "Late enrollee" means an eligible employee or dependent
who enrolls in a small employer's health benefit plan other than
during the first period in which the employee or dependent is
eligible to enroll under the plan or during a special enrollment
period described in section 2701(f) of the "Health Insurance
Portability and Accountability Act of 1996," Pub. L. No. 104-191,
110 Stat. 1955, 42 U.S.C.A. 300gg, as amended.
(J) "MEWA" means any "multiple employer welfare arrangement"
as defined in section 3 of the "Federal Employee Retirement Income
Security Act of 1974," 88 Stat. 832, 29 U.S.C.A. 1001, as amended,
except for any arrangement which is fully insured as defined in
division (b)(6)(D) of section 514 of that act.
(K) "Midpoint rate" means, for small employers with similar
case characteristics and plan designs and as determined by the
applicable carrier for a rating period, the arithmetic average of
the applicable base premium rate and the corresponding highest
premium rate.
(L) "Pre-existing conditions provision" means a policy
provision that excludes or limits coverage for charges or expenses
incurred during a specified period following the insured's
enrollment date as to a condition for which medical advice,
diagnosis, care, or treatment was recommended or received during a
specified period immediately preceding the enrollment date.
Genetic information shall not be treated as such a condition in
the absence of a diagnosis of the condition related to such
information.
For purposes of this division, "enrollment date" means, with
respect to an individual covered under a group health benefit
plan, the date of enrollment of the individual in the plan or, if
earlier, the first day of the waiting period for such enrollment.
(M) "Service waiting period" means the period of time after
employment begins before an employee is eligible to be covered for
benefits under the terms of any applicable health benefit plan
offered by the small employer.
(N)(1) "Small employer" means, in connection with a group
health benefit plan and with respect to a calendar year and a plan
year, an employer who employed an average of at least two but no
more than fifty eligible employees on business days during the
preceding calendar year and who employs at least two employees on
the first day of the plan year.
(2) For purposes of division (N)(1) of this section, all
persons treated as a single employer under subsection (b), (c),
(m), or (o) of section 414 of the "Internal Revenue Code of 1986,"
100 Stat. 2085, 26 U.S.C.A. 1, as amended, shall be considered one
employer. In the case of an employer that was not in existence
throughout the preceding calendar year, the determination of
whether the employer is a small or large employer shall be based
on the average number of eligible employees that it is reasonably
expected the employer will employ on business days in the current
calendar year. Any reference in division (N) of this section to an
"employer" includes any predecessor of the employer. Except as
otherwise specifically provided, provisions of sections 3924.01 to
3924.14 of the Revised Code that apply to a small employer that
has a health benefit plan shall continue to apply until the plan
anniversary following the date the employer no longer meets the
requirements of this division.
(O) "OHC plan" means an Ohio health care plan, which is the
basic, standard, or carrier reimbursement plan for small employers
and individuals established in accordance with section 3924.10 of
the Revised Code.
Section 2. That existing sections 1739.05, 1751.14, 3923.123,
3923.24, 3923.241, and 3924.01 of the Revised Code are hereby
repealed.
Section 3. Sections 1739.05, 1751.14, and 3924.01 as amended
by this act, apply only to policies, contracts, and agreements
that are delivered, issued for delivery, or renewed in this state
on or after January 1, 2015. Sections 3923.123, 3923.24, and
3923.241 as amended by this act, apply only to policies of
sickness and accident insurance delivered, issued for delivery, or
renewed in this state and public or private employee benefit plans
that are established or modified in this state on or after January
1, 2015.
Section 4. (A) During the period beginning on January 1,
2015, and ending January 1, 2018, the operation of sections
1751.53 and
3923.38 of the Revised Code are suspended.
Accordingly, group insurance contracts issued on or after January
1, 2015, and before January 1, 2018, shall not be required to
provide that any eligible employee, or the employee's dependents,
may continue coverage under the contract.
(B) If any portion of 42 U.S.C. 300gg-1 to 300gg-6 is amended
or repealed in such a way as to nullify insurance requirements
related to guaranteed availability of coverage or guaranteed
renewal of health insurance, prior to January 1, 2018, then
sections 1751.53 and 3923.38 of the Revised Code, in either their
present form or as they are later amended, shall again become
operational.
(C) As used in this section, "eligible employee" has the same
meaning as in section 1751.53 or 3923.38 of the Revised Code, as
applicable.
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