Bill Text: CT SB00753 | 2015 | General Assembly | Comm Sub
Bill Title: An Act Requiring The Connecticut Health Insurance Exchange To Hold A Public Hearing Prior To Charging An Assessment Or User Fee, Or Changing The Amount Of An Assessment Or User Fee Charged, To A Health Carrier.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2015-02-18 - Public Hearing 02/26 [SB00753 Detail]
Download: Connecticut-2015-SB00753-Comm_Sub.html
General Assembly |
|||
January Session, 2015 |
LCO No. 3465 | ||
*03465SB00753INS* | |||
Referred to Committee on INSURANCE AND REAL ESTATE |
|||
Introduced by: |
|||
(INS) |
|||
AN ACT REQUIRING THE CONNECTICUT HEALTH INSURANCE EXCHANGE TO HOLD A PUBLIC HEARING PRIOR TO CHARGING AN ASSESSMENT OR USER FEE, OR CHANGING THE AMOUNT OF AN ASSESSMENT OR USER FEE CHARGED, TO A HEALTH CARRIER.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subsections (c) and (d) of section 38a-1083 of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(c) The exchange is authorized and empowered to:
(1) Have perpetual successions as a body politic and corporate and to adopt bylaws for the regulation of its affairs and the conduct of its business;
(2) Adopt an official seal and alter the same at pleasure;
(3) Maintain an office in the state at such place or places as it may designate;
(4) Employ such assistants, agents, managers and other employees as may be necessary or desirable;
(5) Acquire, lease, purchase, own, manage, hold and dispose of real and personal property, and lease, convey or deal in or enter into agreements with respect to such property on any terms necessary or incidental to the carrying out of these purposes, provided all such acquisitions of real property for the exchange's own use with amounts appropriated by this state to the exchange or with the proceeds of bonds supported by the full faith and credit of this state shall be subject to the approval of the Secretary of the Office of Policy and Management and the provisions of section 4b-23;
(6) Receive and accept, from any source, aid or contributions, including money, property, labor and other things of value;
(7) Charge assessments or user fees, after the public hearing required under subsection (d) of this section, to health carriers that are capable of offering a qualified health plan through the exchange or otherwise generate funding necessary to support the operations of the exchange and impose interest and penalties on such health carriers for delinquent payments of such assessments or fees;
(8) Procure insurance against loss in connection with its property and other assets in such amounts and from such insurers as it deems desirable;
(9) Invest any funds not needed for immediate use or disbursement in obligations issued or guaranteed by the United States of America or the state and in obligations that are legal investments for savings banks in the state;
(10) Issue bonds, bond anticipation notes and other obligations of the exchange for any of its corporate purposes, and to fund or refund the same and provide for the rights of the holders thereof, and to secure the same by pledge of revenues, notes and mortgages of others;
(11) Borrow money for the purpose of obtaining working capital;
(12) Account for and audit funds of the exchange and any recipients of funds from the exchange;
(13) Make and enter into any contract or agreement necessary or incidental to the performance of its duties and execution of its powers. The contracts entered into by the exchange shall not be subject to the approval of any other state department, office or agency, provided copies of all contracts of the exchange shall be maintained by the exchange as public records, subject to the proprietary rights of any party to the contract;
(14) To the extent permitted under its contract with other persons, consent to any termination, modification, forgiveness or other change of any term of any contractual right, payment, royalty, contract or agreement of any kind to which the exchange is a party;
(15) Award grants to trained and certified individuals and institutions that will assist individuals, families and small employers and their employees in enrolling in appropriate coverage through the exchange. Applications for grants from the exchange shall be made on a form prescribed by the board;
(16) Limit the number of plans offered, and use selective criteria in determining which plans to offer, through the exchange, provided individuals and employers have an adequate number and selection of choices;
(17) Evaluate jointly with the SustiNet Health Care Cabinet the feasibility of implementing a basic health program option as set forth in Section 1331 of the Affordable Care Act;
(18) Sue and be sued, plead and be impleaded;
(19) Adopt regular procedures that are not in conflict with other provisions of the general statutes, for exercising the power of the exchange; and
(20) Do all acts and things necessary and convenient to carry out the purposes of the exchange, provided such acts or things shall not conflict with the provisions of the Affordable Care Act, regulations adopted thereunder or federal guidance issued pursuant to the Affordable Care Act.
(d) (1) Prior to charging an assessment or user fee or changing the amount of an assessment or user fee charged, to any health carrier pursuant to subdivision (7) of subsection (c) of this section, the chief executive officer of the exchange shall hold a public hearing on such proposed charge or change. Such hearing shall be held at a time and location as is convenient for the general public.
(2) The chief executive officer shall notify, at least fifteen days prior to holding such hearing, any health carrier affected by such proposed charge or change and the chairpersons and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to insurance of the public hearing and shall post such notice on the Internet web site of the exchange. Such notice shall include the amount of the proposed charge or change, the date such proposed charge or change is due to take effect and the date, time and location of such hearing.
(3) In addition to the notice required under subdivision (2) of this subsection, the chief executive officer shall post on the Internet web site of the exchange the federal medical loss ratio, as defined in section 38a-478l, of the health carriers affected by such proposed charge or change and any premium or other information used by the exchange to determine the proposed charge or change.
[(d)] (e) (1) The chief executive officer of the exchange shall provide to the commissioner the name of any health carrier that fails to pay any assessment or user fee under subdivision (7) of subsection (c) of this section to the exchange. The commissioner shall see that all laws respecting the authority of the exchange pursuant to said subdivision (7) are faithfully executed. The commissioner has all the powers specifically granted under this title and all further powers that are reasonable and necessary to enable the commissioner to enforce the provisions of said subdivision (7).
(2) Any health carrier aggrieved by an administrative action taken by the commissioner under subdivision (1) of this subsection may appeal therefrom in accordance with the provisions of section 4-183, except venue for such appeal shall be in the judicial district of New Britain.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2015 |
38a-1083(c) and (d) |
Statement of Purpose:
To require the Connecticut Health Insurance Exchange to hold a public hearing prior to charging an assessment or user fee, or changing the amount of an assessment or user fee charged, to a health carrier.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]