Bill Text: IL HB2070 | 2023-2024 | 103rd General Assembly | Introduced


Bill Title: Creates the Dental Loss Ratio Act. Sets forth provisions concerning dental loss ratio reporting. Provides that a health insurer or dental plan carrier that issues, sells, renews, or offers a specialized health insurance policy covering dental services shall, beginning July 1, 2023, annually submit to the Department of Insurance a dental loss ratio filing. Provides a formula for calculating minimum dental loss ratios. Sets forth provisions concerning minimum dental loss ratio requirements. Provides that the Department may adopt rules to implement the Act. Provides that the Act does not apply to an insurance policy issued, sold, renewed, or offered for health care services or coverage provided as a function of the State of Illinois Medicaid coverage for children or adults or disability insurance for covered benefits in the single specialized area of dental-only health care that pays benefits on a fixed benefit, cash payment-only basis. Defines terms. Amends the Dental Service Plan Act. Provides that a dental service plan corporation shall not disburse during any one year (rather than shall not disburse during any one year, except upon the approval of the Director of Insurance) a sum greater than 20% of payments received from subscribers during that year as administrative expenses. Effective immediately.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2023-03-10 - Rule 19(a) / Re-referred to Rules Committee [HB2070 Detail]

Download: Illinois-2023-HB2070-Introduced.html


103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2070

Introduced , by Rep. Jennifer Gong-Gershowitz

SYNOPSIS AS INTRODUCED:
New Act
215 ILCS 110/34 from Ch. 32, par. 690.34

Creates the Dental Loss Ratio Act. Sets forth provisions concerning dental loss ratio reporting. Provides that a health insurer or dental plan carrier that issues, sells, renews, or offers a specialized health insurance policy covering dental services shall, beginning July 1, 2023, annually submit to the Department of Insurance a dental loss ratio filing. Provides a formula for calculating minimum dental loss ratios. Sets forth provisions concerning minimum dental loss ratio requirements. Provides that the Department may adopt rules to implement the Act. Provides that the Act does not apply to an insurance policy issued, sold, renewed, or offered for health care services or coverage provided as a function of the State of Illinois Medicaid coverage for children or adults or disability insurance for covered benefits in the single specialized area of dental-only health care that pays benefits on a fixed benefit, cash payment-only basis. Defines terms. Amends the Dental Service Plan Act. Provides that a dental service plan corporation shall not disburse during any one year (rather than shall not disburse during any one year, except upon the approval of the Director of Insurance) a sum greater than 20% of payments received from subscribers during that year as administrative expenses. Effective immediately.
LRB103 25065 BMS 51400 b

A BILL FOR

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1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. Short title. This Act may be referred to as the
5Dental Loss Ratio Act.
6 Section 5. Definitions. As used in this Act:
7 "Dental care provider" means a dentist who bills for
8services in Illinois.
9 "Dental loss ratio" means the ratio of incurred claims to
10earned premiums as calculated using the formula under Section
1110 of this Act.
12 "Dental plan carrier" means an entity subject to the
13insurance laws, rules, and regulations of this State or
14subject to the jurisdiction of the Director that contracts or
15offers to contract to provide, deliver, arrange for, pay for,
16or reimburse any of the costs of dental care services,
17including an accident and health insurance company, a health
18maintenance organization, a limited health service
19organization, a dental service plan corporation, a health
20services plan corporation, a voluntary health services plan,
21or any other entity providing a plan of dental insurance,
22dental benefits, or dental health care services.
23 "Department" means the Department of Insurance.

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1 "Director" means the Director of Insurance.
2 "Earned premiums" means the portion of the premium paid in
3the reporting year that is intended to provide coverage during
4that reporting period.
5 "Incurred claims" means the claims for which services were
6provided in that reporting year. "Incurred claims" includes
7claims that were paid in the reporting year plus unpaid claim
8reserves for claims paid after the reporting year.
9 Section 10. Dental loss ratio reporting.
10 (a) A health insurer or dental plan carrier that issues,
11sells, renews, or offers a specialized health insurance policy
12covering dental services shall, beginning July 1, 2023,
13annually submit to the Department the dental loss ratio
14calculated in accordance with subsection (c). The annual
15filing shall, at a minimum, include rates, rating schedules,
16and supporting documentation, including ratios of incurred
17claims to earned premiums for each calendar year since the
18plan's issuance. The required information shall be in the form
19established by the Department and shall demonstrate that each
20plan complies with the minimum dental loss ratio standards.
21 (b) The annual filing shall be made publicly available on
22the Department's website.
23 (c) Minimum dental loss ratios are calculated by the
24following formula: the numerator is equal to the incurred
25claims for the dental loss ratio reporting year; and the

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1denominator is equal to the earned premiums for the dental
2loss ratio reporting year minus taxes and licensing and
3regulatory fees.
4 (d) If the Director decides to conduct an examination
5because the Director finds it necessary to verify a health
6insurer's or dental plan carrier's representation in a dental
7loss ratio report, then the Department shall provide the
8health insurer or dental plan carrier with a notification 30
9days before the commencement of the examination.
10 (e) The health insurer or dental plan carrier shall have
1130 days after the date of notification to electronically
12submit to the Department all requested records specified by
13the Department. The Director may extend the time for a health
14insurer or dental plan carrier to comply with this examination
15upon a finding of good cause.
16 Section 15. Dental loss ratio requirement.
17 (a) A health insurer or dental plan carrier that issues,
18sells, renews, or offers a specialized health insurance policy
19covering dental services shall meet a minimum dental loss
20ratio requirement of 80%.
21 (b) If the minimum dental loss ratio is not met, then the
22Department shall require a corrective action plan from the
23carrier to return excess premiums.
24 Section 20. Rulemaking. The Department may adopt rules to

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1implement this Act.
2 Section 25. Exemptions. This Act does not apply to an
3insurance policy issued, sold, renewed, or offered for health
4care services or coverage provided as a function of the State
5of Illinois Medicaid coverage for children or adults or
6disability insurance for covered benefits in the single
7specialized area of dental-only health care that pays benefits
8on a fixed benefit, cash payment-only basis.
9 Section 90. The Dental Service Plan Act is amended by
10changing Section 34 as follows:
11 (215 ILCS 110/34) (from Ch. 32, par. 690.34)
12 Sec. 34. No such corporation shall disburse during any one
13year, except upon the approval of the Director, a sum greater
14than 20% of payments received from subscribers during that
15year, as administrative expenses.
16 The term "administrative expense" as used in this Section
17section includes all expenditures for nonprofessional services
18and in general all expenses not directly connected with the
19payment for dental services, but does not include expenses of
20soliciting subscriptions.
21(Source: Laws 1965, p. 2179.)
22 Section 99. Effective date. This Act takes effect upon
23becoming law.
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