SB 357-2_ Filed 02/24/2010, 07:33 Fry
PREVAILED Roll Call No. _______
FAILED Ayes _______
WITHDRAWN Noes _______
RULED OUT OF ORDER
HOUSE MOTION ____
I move that Engrossed Senate Bill 357 be amended to read as follows:
SOURCE: Page 63, line 42; (10)MO035706.63. -->
Page 63, after line 42, begin a new paragraph and insert:
SOURCE: IC 27-8-5-1; (10)MO035706.59. -->
"SECTION 59. IC 27-8-5-1, AS AMENDED BY P.L.173-2007,
SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1. (a) The term "policy of accident and
sickness insurance", as used in this chapter, includes any policy or
contract covering one (1) or more of the kinds of insurance described
in Class 1(b) or 2(a) of IC 27-1-5-1. Such policies may be on the
individual basis under this section and sections 2 through 9 of this
chapter, on the group basis under this section and sections 16 through
19 of this chapter, on the franchise basis under this section and section
11 of this chapter, or on a blanket basis under section 15 of this chapter
and (except as otherwise expressly provided in this chapter) shall be
exclusively governed by this chapter.
(b) No policy of accident and sickness insurance may be issued or
delivered to any person in this state, nor may any application, rider, or
endorsement be used in connection with an accident and sickness
insurance policy, until a copy of the form of the policy and of the
classification of risks and the premium rates, or, in the case of
assessment companies, the estimated cost pertaining thereto, have been
filed with and reviewed by the commissioner under section 1.5 of this
chapter. This section is applicable also to assessment companies and
fraternal benefit associations or societies.
(c) The premium charged for coverage under a policy of
accident and sickness insurance may not be increased by an
amount that is greater than ten percent (10%) of the premium
charged for the coverage during the immediately preceding policy
SOURCE: Page 66, line 24; (10)MO035706.66. -->
Page 66, line 24, strike "(m)." and insert " (n).".
Page 67, between lines 24 and 25, begin a new paragraph and insert:
" (m) The commissioner shall disapprove a premium rate
increase filing that violates section 1(c) of this chapter.".
Page 67, line 25, strike "(m)" and insert " (n)".
Page 67, line 28, strike "(n)" and insert " (o)".
Page 67, line 35, delete "(o)" and insert " (p)".
Page 78, between lines 25 and 26, begin a new paragraph and insert:
SOURCE: IC 27-13-20-1; (10)MO035706.72. -->
"SECTION 72. IC 27-13-20-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) The rates to
be used by a health maintenance organization, including the actuarial
assumptions underlying those rates, must be filed with the
commissioner for approval and:
(1) must be established in accordance with actuarial principles for
various categories of enrollees and, in the case of a group
contract, shall not be individually determined based on the status
of an enrollee's health;
(2) must be developed by an actuary or other qualified person
acceptable to the commissioner; and
(3) may not be excessive, inadequate, or unfairly discriminatory.
(b) A premium for coverage under an individual contract or a
group contract may not be increased by an amount that is greater
than ten percent (10%) of the premium charged for the individual
contract or group contract during the immediately preceding
SOURCE: IC 27-13-20-2; (10)MO035706.73. -->
SECTION 73. IC 27-13-20-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) Except as
provided in subsection (b), a document submitted to the commissioner
under this chapter is deemed approved when one (1) of the following
conditions is met:
(1) The health maintenance organization receives a written
communication of approval from the commissioner.
(2) Thirty (30) days pass after the commissioner receives the
However, a rate increase is not deemed approved unless the health
maintenance organization receives a written communication of
approval from the commissioner following a public meeting under
section 3 of this chapter.
(b) A document is not deemed approved under subsection
if, within thirty (30) days after the commissioner receives the
document, or within any period of extension granted by the
commissioner, the commissioner deposits in the United States mail
addressed to the health maintenance organization a written
communication to the contrary. Not more than thirty (30) days after
receiving the written communication from the commissioner, the health
maintenance organization may request a hearing. If, not more than
thirty (30) days after receiving the communication from the
commissioner, the health maintenance organization requests a hearing,
the commissioner shall hold a hearing upon not less than ten (10) days
notice to the health maintenance organization.".
SOURCE: Page 78, line 26; (10)MO035706.78. -->
Page 78, line 26, delete "IC 27-13-7-11.5" and insert "IC
Page 78, line 28, delete "11.5." and insert " 3.
Renumber all SECTIONS consecutively.
(Reference is to ESB 357 as printed February 22, 2010.)
MO035706/DI 97 2010