Bill Text: IA HF372 | 2013-2014 | 85th General Assembly | Introduced


Bill Title: A bill for an act establishing a state poison control center support fund, authorizing assessments, and making appropriations.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2013-12-31 - END OF 2013 ACTIONS [HF372 Detail]

Download: Iowa-2013-HF372-Introduced.html
House File 372 - Introduced HOUSE FILE 372 BY HALL A BILL FOR An Act establishing a state poison control center support fund, 1 authorizing assessments, and making appropriations. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2062YH (3) 85 av/nh
H.F. 372 Section 1. NEW SECTION . 505.26 State poison control center 1 support fund —— assessment —— appropriation. 2 1. As used in this section, unless the context otherwise 3 requires: 4 a. “Commissioner” means the commissioner of insurance. 5 b. “Fund” means the state poison control center support 6 fund. 7 c. “Health carrier” means an insurer providing accident 8 and sickness insurance under chapter 509, 514, or 514A, and 9 includes a health maintenance organization established under 10 chapter 514B if payments received by the health maintenance 11 organization are considered premiums pursuant to section 12 514B.31 and are taxed under chapter 432. “Health carrier” also 13 includes a corporation which becomes a mutual insurer pursuant 14 to section 514.23 and any other person as defined in section 15 4.1, subsection 20, who is or may become liable for the tax 16 imposed by chapter 432. 17 d. “Health insurance” means accident and sickness insurance 18 authorized by chapter 509, 514, or 514A. 19 e. “State poison control center” means the state poison 20 control center established by the department of public health 21 pursuant to 2000 Iowa Acts, chapter 1221, section 1. 22 2. a. A state poison control center support fund is created 23 in the state treasury under the authority of the department of 24 public health. Moneys appropriated to and all other moneys 25 specified for deposit in the fund shall be deposited in the 26 fund and used for the funding and support of the state poison 27 control center. 28 b. The fund shall be separate from the general fund of the 29 state and shall not be considered part of the general fund of 30 the state. The moneys in the fund shall not be considered 31 revenue of the state, but rather shall be funds of the state 32 poison control center. The moneys deposited in the fund are 33 not subject to section 8.33 and shall not be transferred, used, 34 obligated, appropriated, or otherwise encumbered, except to 35 -1- LSB 2062YH (3) 85 av/nh 1/ 4
H.F. 372 provide for the support of the state poison control center. 1 Notwithstanding section 12C.7, subsection 2, interest or 2 earnings on moneys deposited in the fund shall be credited to 3 the fund. 4 c. The department of public health shall adopt rules 5 pursuant to chapter 17A to administer the fund and payments 6 made from the fund. 7 d. Moneys in the fund are appropriated to the department 8 of public health and shall be used by the department for the 9 purposes of the state poison control center. The department 10 shall be the administrator of the fund for auditing purposes. 11 3. All health carriers that report total health insurance 12 premiums and payments for subscriber contracts and paid losses 13 in this state in excess of one hundred thousand dollars per 14 year shall annually pay an assessment for deposit into the 15 fund as determined by the commissioner under subsection 4. 16 The amount of assessments paid into the fund each year shall 17 total five hundred thousand dollars. Beginning in 2015, the 18 commissioner shall, on or before March 1 of each calendar year, 19 publish an adjustment to the total amount of the assessments 20 that must be paid into the fund that year equal to the 21 percentage change in the United States department of labor 22 consumer price index for all urban consumers in the preceding 23 calendar year. 24 4. a. Beginning on April 1, 2014, and April 1 of each 25 calendar year thereafter, the commissioner shall determine 26 the amount assessable to each health carrier in the state for 27 deposit into the fund as provided in subsection 3. Health 28 carriers in the state shall be assessed in proportion to 29 their respective shares of total health insurance premiums 30 or payments for subscriber contracts received in Iowa during 31 the preceding calendar year, or with paid losses in the year, 32 coinciding with or ending during the calendar year or on any 33 other equitable basis as determined by the commissioner. 34 b. In determining the amount of the assessments, the 35 -2- LSB 2062YH (3) 85 av/nh 2/ 4
H.F. 372 commissioner may abate or defer in any part the assessment of a 1 health carrier, if, in the opinion of the commissioner, payment 2 of the assessment would endanger the ability of the health 3 carrier to fulfill its contractual obligations. 4 c. For purposes of calculating and conducting the 5 assessment, the commissioner shall have the express authority 6 to require health carriers to report on an annual basis each 7 health carrier’s total health insurance premiums and payments 8 for subscriber contracts and paid losses. 9 d. Beginning on May 1, 2014, and each May 1 thereafter, the 10 commissioner shall make assessments against health carriers 11 under this section with payment due by July 1, 2014, and each 12 July 1 thereafter. Payment shall be remitted to the treasurer 13 of state and deposited in the fund to support the state poison 14 control center as provided in subsection 2. 15 e. For purposes of this subsection, “total health insurance 16 premiums” and “payments for subscriber contracts” include, 17 without limitation, premiums or other amounts paid to or 18 received by a health carrier for individual and group health 19 insurance coverage provided under any chapter of the Code or 20 Acts, and “paid losses” includes, without limitation, claims 21 paid by a health carrier operating on a self-funded basis for 22 individual and group health insurance coverage provided under 23 any chapter of the Code or Acts. 24 EXPLANATION 25 This bill establishes a state poison control center support 26 fund, authorizes assessments of health carriers to generate 27 moneys for deposit into the fund, and makes appropriations. 28 The bill creates the state poison control center support 29 fund in the state treasury under the authority of the 30 department of public health. The purpose of the fund is to 31 provide funding and support to the state poison control center 32 which was created in 2000 under the authority of the department 33 of public health. Moneys in the fund are appropriated to the 34 department of public health to use for the purposes of the 35 -3- LSB 2062YH (3) 85 av/nh 3/ 4
H.F. 372 state poison control center and the department is directed to 1 adopt rules to administer the fund and payments made from the 2 fund. 3 Health carriers that report total health insurance premiums 4 and payments of subscriber contracts and paid losses in this 5 state in excess of $100,000 per year are required to pay annual 6 assessments for deposit into the fund as determined by the 7 commissioner of insurance so that total deposits into the fund 8 from such assessments equal $500,000 each year. Beginning 9 in 2015, the amount of the total assessments due for deposit 10 into the fund each year shall be adjusted annually to reflect 11 percentage changes in the consumer price index. 12 The commissioner of insurance is directed to determine 13 the amount assessable to each health carrier in the state in 14 proportion to each health carrier’s respective share as set 15 forth in the bill. The commissioner may abate or defer any 16 assessment, if, in the commissioner’s opinion, payment of the 17 assessment would endanger the ability of the health carrier 18 to fulfill its contractual obligations. For purposes of 19 calculating and conducting the assessment, the commissioner has 20 the authority to require health carriers to report on an annual 21 basis each health carrier’s total health insurance premiums and 22 payments for subscriber contracts and paid losses. 23 The commissioner is required to make assessments against 24 health carriers beginning on May 1, 2014, and each May 1 25 thereafter, and payment of the assessments is due by July 1, 26 2014. 27 -4- LSB 2062YH (3) 85 av/nh 4/ 4
feedback