HBA-NRS H.B. 2482 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2482 By: Kitchen Insurance 3/23/2001 Introduced BACKGROUND AND PURPOSE Long-term care is the assistance needed for an extended period if a person develops an impairment in activities of daily living, such as dressing, eating, and bathing, or a cognitive impairment, such as Alzheimer's disease. Long-term care insurance is purchased for a future need. However, many people who purchase long-term care insurance policies and initially believe that a certain premium is paid throughout the duration of the policy later find the premium is raised. In some cases, companies seeking to increase market share have underpriced initial premiums and then raised those premiums at a later date. Rate increases can cause elderly policyholders to lose their coverage at the time they are most at risk. In August 2000, the National Association of Insurance Commissioners (NAIC) adopted model regulations for long-term care insurance rate stability. House Bill 2482 directs the commissioner of insurance to adopt rules to stabilize long-term care insurance rates, taking into consideration model regulations adopted by NAIC. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the commissioner of insurance in SECTION 1 (Section 5A, Article 3.70-12, Insurance Code) and SECTION 2 of this bill. ANALYSIS House Bill 2482 amends the Insurance Code to require the commissioner of insurance (commissioner) to adopt rules to stabilize long-term care insurance premium rates, not later than January 1, 2002, by: _ensuring that initial rates for long-term care insurance policy forms are adequate and that any rate schedule increases for long-term care insurance policies made after issuance of the policies are justified, adequate, and not unreasonably greater than the amount necessary to provide benefits to policy or certificate holders; _requiring appropriate policy terms; _imposing penalties on insurers or other entities subject to minimum standards for long-term care insurance policies that violate an adopted rule; and _protecting policy and certificate holders affected by a rate schedule increase. The bill requires the commissioner, in adopting rate stabilization rules, to consider any model statute or rule adopted by the National Association of Insurance Commissioners relating to the stabilization of long-term care insurance premium rates. The bill authorizes the commissioner by rule to adopt any requirement reflected in one of those models. The bill authorizes the commissioner to exempt long-term care insurance policies from the requirements of provisions relating to loss ratio standards in adopting such rules. EFFECTIVE DATE September 1, 2001.