Bill Text: CT SB00979 | 2011 | General Assembly | Comm Sub
Bill Title: An Act Concerning The Assessment Methodology Used By The Insurance Department And The Office Of The Healthcare Advocate.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2011-03-31 - File Number 306 [SB00979 Detail]
Download: Connecticut-2011-SB00979-Comm_Sub.html
General Assembly |
Substitute Bill No. 979 | |
January Session, 2011 |
*_____SB00979INS___031711____* |
AN ACT CONCERNING THE ASSESSMENT METHODOLOGY USED BY THE INSURANCE DEPARTMENT AND THE OFFICE OF THE HEALTHCARE ADVOCATE.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 38a-47 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
All domestic insurance companies and other domestic entities [subject to taxation under chapter 207] shall, in accordance with section 38a-48, annually pay to the Insurance Commissioner, for deposit in the Insurance Fund established under section 38a-52a, an amount equal to the actual expenditures made by the Insurance Department during each fiscal year, and the actual expenditures made by the Office of the Healthcare Advocate, including the cost of fringe benefits for department and office personnel as estimated by the Comptroller, plus (1) the expenditures made on behalf of the department and the office from the Capital Equipment Purchase Fund pursuant to section 4a-9 for such year, and (2) the amount appropriated to the Department of Social Services for the fall prevention program established in section 17b-33 from the Insurance Fund for the fiscal year, but excluding expenditures paid for by fraternal benefit societies, foreign and alien insurance companies and other foreign and alien entities under sections 38a-49 and 38a-50. Payments shall be made by assessment of all such domestic insurance companies and other domestic entities calculated and collected in accordance with the provisions of section 38a-48. Any such domestic insurance company or other domestic entity aggrieved because of any assessment levied under this section may appeal therefrom in accordance with the provisions of section 38a-52.
Sec. 2. Section 38a-48 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
[(a) On or before June thirtieth, annually, the Commissioner of Revenue Services shall render to the Insurance Commissioner a statement certifying the amount of taxes or charges imposed on each domestic insurance company or other domestic entity under chapter 207 on business done in this state during the preceding calendar year. The statement for local domestic insurance companies shall set forth the amount of taxes and charges before any tax credits allowed as provided in section 12-202.]
[(b)] (a) On or before July thirty-first, annually, the Insurance Commissioner and the Office of the Healthcare Advocate shall render to each domestic insurance company or other domestic entity liable for payment under section 38a-47: [,]
(1) [a] A statement [which] that includes (A) the amount appropriated to the Insurance Department and the Office of the Healthcare Advocate for the fiscal year beginning July first of the same year, (B) the cost of fringe benefits for department and office personnel for such year, as estimated by the Comptroller, (C) the estimated expenditures on behalf of the department and the office from the Capital Equipment Purchase Fund pursuant to section 4a-9 for such year, and (D) the amount appropriated to the Department of Social Services for the fall prevention program established in section 17b-33 from the Insurance Fund for the fiscal year; [,]
(2) [a] A statement of the total [taxes imposed on all domestic insurance companies and domestic insurance entities under chapter 207 on business done] direct written insurance premiums and subscriber charges collected by all such companies and entities in this state during the preceding calendar year; [,] and
(3) [the] The proposed assessment against that company or entity, calculated in accordance with the provisions of subsection [(c)] (b) of this section, provided that for the purposes of this calculation the amount appropriated to the Insurance Department and the Office of the Healthcare Advocate plus the cost of fringe benefits for department and office personnel and the estimated expenditures on behalf of the department and the office from the Capital Equipment Purchase Fund pursuant to section 4a-9 shall be deemed to be the actual expenditures of the department and the office, and the amount appropriated to the Department of Social Services from the Insurance Fund for the fiscal year for the fall prevention program established in section 17b-33 shall be deemed to be the actual expenditures for the program.
[(c)] (b) (1) The proposed assessments for each domestic insurance company or other domestic entity shall be calculated [by (A) allocating twenty per cent of the amount to be paid under section 38a-47 among the domestic entities organized under sections 38a-199 to 38a-209, inclusive, and 38a-214 to 38a-225, inclusive,] in proportion to their respective shares of the total [taxes and charges imposed under chapter 207 on such entities on] direct written insurance premiums and subscriber charges collected by all such companies and entities for business done in this state during the preceding calendar year. [, and (B) allocating eighty per cent of the amount to be paid under section 38a-47 among all domestic insurance companies and domestic entities other than those organized under sections 38a-199 to 38a-209, inclusive, and 38a-214 to 38a-225, inclusive, in proportion to their respective shares of the total taxes and charges imposed under chapter 207 on such domestic insurance companies and domestic entities on business done in this state during the preceding calendar year, provided if there are no domestic entities organized under sections 38a-199 to 38a-209, inclusive, and 38a-214 to 38a-225, inclusive, at the time of assessment, one hundred per cent of the amount to be paid under section 38a-47 shall be allocated among such domestic insurance companies and domestic entities.]
(2) When the amount any such company or entity is assessed pursuant to this section exceeds twenty-five per cent of the actual expenditures of the Insurance Department and the Office of the Healthcare Advocate, such excess amount shall not be paid by such company or entity but rather shall be assessed against and paid by all other such companies and entities in proportion to their respective shares of the total [taxes and charges imposed under chapter 207 on] direct written insurance premiums and subscriber charges collected by all such companies and entities for business done in this state during the preceding calendar year, except that for purposes of any assessment made to fund payments to the Department of Public Health to purchase vaccines, such company or entity shall be responsible for its share of the costs, notwithstanding whether its assessment exceeds twenty-five per cent of the actual expenditures of the Insurance Department and the Office of the Healthcare Advocate. The provisions of this subdivision shall not be applicable to any corporation [which] that has converted to a domestic mutual insurance company pursuant to section 38a-155 upon the effective date of any public act [which] that amends said section to modify or remove any restriction on the business such a company may engage in, for purposes of any assessment due from such company on and after such effective date.
[(d)] (c) For purposes of calculating the amount of payment under section 38a-47, as well as the amount of the assessments under this section, the ["total taxes imposed on all domestic insurance companies and other domestic entities under chapter 207"] "direct written insurance premiums and subscriber charges collected by all such companies and entities" shall be based upon the amounts [shown as payable to the state for the calendar year on the returns filed with the Commissioner of Revenue Services pursuant to chapter 207; with respect to calculating the amount of payment and assessment for local domestic insurance companies, the amount used shall be the taxes and charges imposed before any tax credits allowed as provided in section 12-202] reported to the Insurance Commissioner and the National Association of Insurance Commissioners pursuant to section 38a-53.
[(e) On or before September thirtieth, annually, for each fiscal year ending prior to July 1, 1990, the Insurance Commissioner and the Healthcare Advocate, after receiving any objections to the proposed assessments and making such adjustments as in their opinion may be indicated, shall assess each such domestic insurance company or other domestic entity an amount equal to its proposed assessment as so adjusted. Each domestic insurance company or other domestic entity shall pay to the Insurance Commissioner on or before October thirty-first an amount equal to fifty per cent of its assessment adjusted to reflect any credit or amount due from the preceding fiscal year as determined by the commissioner under subsection (g) of this section. Each domestic insurance company or other domestic entity shall pay to the Insurance Commissioner on or before the following April thirtieth, the remaining fifty per cent of its assessment.]
[(f)] (d) On or before September first, annually, for each current fiscal year, [ending after July 1, 1990,] the Insurance Commissioner and the Healthcare Advocate, after receiving any objections to the proposed assessments and making such adjustments as in their opinion may be indicated, shall assess each such domestic insurance company or other domestic entity an amount equal to its proposed assessment as so adjusted. Each domestic insurance company or other domestic entity shall pay to the Insurance Commissioner (1) [on or before June 30, 1990, and] on or before June thirtieth, annually, [thereafter,] an estimated payment against its assessment for the following year equal to twenty-five per cent of its assessment for the then current fiscal year, [ending such June thirtieth,] (2) on or before September thirtieth, annually, twenty-five per cent of its assessment adjusted to reflect any credit or amount due from the preceding fiscal year as determined by the commissioner under subsection [(g)] (e) of this section, and (3) on or before the following December thirty-first and March thirty-first, annually, each domestic insurance company or other domestic entity shall pay to the Insurance Commissioner the remaining fifty per cent of its proposed assessment to the department in two equal installments.
[(g)] (e) If the actual expenditures for the fall prevention program established in section 17b-33 are less than the amount allocated, the Commissioner of Social Services shall notify the Insurance Commissioner and the Healthcare Advocate. Immediately following the close of the fiscal year, the Insurance Commissioner and the Healthcare Advocate shall recalculate the proposed assessment for each domestic insurance company or other domestic entity in accordance with subsection [(c)] (b) of this section using the actual expenditures made by the Insurance Department and the Office of the Healthcare Advocate during that fiscal year, the actual expenditures made on behalf of the department and the office from the Capital Equipment Purchase Fund pursuant to section 4a-9 and the actual expenditures for the fall prevention program. On or before July thirty-first, the Insurance Commissioner and the Healthcare Advocate shall render to each such domestic insurance company and other domestic entity a statement showing the difference between their respective recalculated assessments and the amount they have previously paid. On or before August thirty-first, the Insurance Commissioner and the Healthcare Advocate, after receiving any objections to such statements, shall make such adjustments which in their opinion may be indicated, and shall render an adjusted assessment, if any, to the affected companies.
[(h)] (f) If any assessment is not paid when due, a penalty of twenty-five dollars shall be added thereto, and interest at the rate of six per cent per annum shall be paid thereafter on such assessment and penalty.
[(i)] (g) The commissioner shall deposit all payments made under this section with the State Treasurer. [On and after June 6, 1991, the] The moneys so deposited shall be credited to the Insurance Fund established under section 38a-52a and shall be accounted for as expenses recovered from insurance companies.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
July 1, 2011 |
38a-47 |
Sec. 2 |
July 1, 2011 |
38a-48 |
Statement of Legislative Commissioners:
In section 2(d), after "On or before September first, annually," "the current fiscal year" was changed to "each current fiscal year" for clarity and accuracy; and in section 2(d)(1), "then" was inserted before "current" for clarity and accuracy.
INS |
Joint Favorable Subst.-LCO |